Bosma Murder Trial 05.19.16 - Day 52

[andreww]

I was re-reading the thread for Trial Day 35. There were a number of tweets regarding MS's phones and iPad.

One of the phones, a Blackberry, did still have its "media card". I know that Blackberries aren't the same as other cellphones, but is a "media card" the same thing as a SIM card? Can a Blackberry's media card be used in other cellphones that use SIM cards?

We don't have any cellphones in our home, lol [emoji4]



Sent from my iPad using Tapatalk

I wonder the same thing, is Sachak confusing a SIM card with an SD card?

 

[DMB]

Well I think most of us commented how we felt these same things were conveniently missing from his testimony. However I still don't see it as proof he shot TB. Did he cover up evidence, absolutely. He admitted that. I don't see how having the gun would change anything. Both prints would be on it likely. Or wiped. And it's been said someone shot Tim. So that leaves SIM cards. I'm going to have to go back and research because no one has the answer and I've asked a few times, but IIRC one of the cell phone experts said you just need the actual phone to retrieve information. They had phones from MS.
A comment like he's no longer going to get the car could be because his friend was arrested. We don't know the con

As of now I'm still on the fence. I'll reevaluate after the crown is finished. Jmo

Being the owner of several phones (more then MS) I know switching SIM's is very common for various reason other then to hide a crime. Here's a good article on SIM cards. http://www.ebay.com/gds/How-Much-Memory-Is-Available-on-SIM-Cards-/10000000177629446/g.html The actual phone number and phone are the keys to retrieval!

 

[hellkat2]

First I just want to say I hate all this "hope the jury does the right thing" and "justice for the Bosma's" crap. Mark Smich has the right to tell his story and defend himself. I do not want to see him put at for life just so the Bosma's can sleep better. I do not want the jury to even consider the Bosma's when making their decision. This is a complicated enough case without bringing emotion in to it.

As for the sausage texts, Sachak can not bring them up because it would be an admission of intent by both sides. Smich sent the texts but Millard received them and undoubtedly knew what they meant. The crown will have a field day with them though.

Calling 911? Remember, it wouldn't just be Millard that would be going to jail. Smich would have been investigated and all the illegal stuff he was doing would be discovered.

Where are you going with this? "Remember it wouldn't just be Millard that would be going to jail." I don't understand.

 

[billandrew]

.
Can somebody help me please

I want to painstakingly go through all the Super Sucker Video timing issues but I think something is missing regarding the "extra two truck sightings" brought out by the defense .... do we know the times as recorded on the original SS video ?? Please help me if anyone knows.

How come the other 2 similar truck sightings are given in the "adjusted-corrected times" of 9:05 and 9:15
I cannot do an accurate comparison unless those sightings also use the original SS times . Thanks

These are the unadjusted time stamps for each sighting:

5:46pm .... Yukon going south on Trinity
6:05pm .... Vehicle consistent with Bosma truck going north on Trinity
6:15pm .... Vehicle consistent with Bosma truck going south on Trinity
6:20pm .... Vehicle consistent with Bosma truck going north on Trinity followed shortly by Yukon

The two middle events were revealed to the jury during Pillay's cross-examination of Plaxton. Also, Pillay contended that the time stamp was not adjusted precisely because the officer who collected the video simply noted that it was "3 hours out", and Plaxton had accepted this as a fact.

 

[ABro]

Re the importance of SIM cards, the trial has heard that extraction of data from cellular devices is extremely complicated and depends on the model of the phone and a number of other factors.

The SIM card can be very important -- for example, when a password-protected phone can't be unlocked and with older models where there aren't "cloud" backups.

 

[andreww]

Where are you going with this? "Remember it wouldn't just be Millard that would be going to jail." I don't understand.

What I'm saying is that IF Smich were to call 911, DM would go to jail. But the investigation would also reveal all the other thefts and drug dealing. So by calling, Smich would be in a sense turning himself in. Criminals will ALWAYS do whatever it takes to stay out of jail so it is hardly surprising that Smich didn't call 911. Not surprising that none of Millards other pals called either. So Sachak's grilling of MS as to why he didn't call was a waste of time IMO, its obvious why he didn't call. Thats why DM surrounded himself with people like him.

 

[Nosey Parker]

But fortunately for MS the reviews of TD are mainly positive -- NOW -- so MS benefits by the association. People got on the TD bandwagon when he was tough on witnesses and was effective in getting to some truth, and he often impressed with concise points. But TD was not always so popular here. When I first posted that I admired TD some people accused me of being a MS "supporter" or fan. The witnesses TD questioned harshly drew sympathy from some and yet I thought TD succeeded in calling them out, but it didn't go over big here back then. I was never a fan of MS even though at that time I had reasonable doubt about MS's guilt as so little had been brought out about him at that time but I thought from the get go that TD was an impressive lawyer.

Then the NS reviews by comparison are mainly negative IMO because of his association with DM who, IMO, the majority here believe is guilty and have for a long time. After CN got on the stand and the Crown introduced the letters DM was done then and there, IMO, and NS and RP haven't a hope of defending him or themselves in their approach to defending DM. I've mocked NS and RP too, but I admit that is mainly because of my bias against DM. My bias gets transferred to them but I do think as I've said before there is a method to NS's perceived maddening style of cross examining MS and I think it has been quite effective in exposing MS and the weaknesses in his story. Yes, it's taking a long time for NS to make his point clear and maybe few here will see it, but I see MS like a stubborn and defiant child on the stand and if you've ever had to deal with such a child, it is quite exasperating trying to get them to cooperate. MS won't admit to even the most obvious points or make any minor concessions to NS. Perhaps that's just because TD has coached MS to concede nothing at all. NS has a great deal of patience with MS IMO and yet few have any patience for NS and what he's attempting to do.

Unlike TD I never get to my point clean and crisp. I'm more like NS, I do have a point but getting to it is sometimes a tedious exercise, and sometimes, try as I may, I am misunderstood. My point is that whatever lawyer is on the side of the accused that people believe is guilty, at any given time, those lawyers are seen in a negative light too.

All MOO.

Right on, brightii. I'm a little disappointed at the criticism of Sachak. I've said before that I find him clumsy in his questioning, but he is not ineffective. The point of cross is to hammer away at the witness (or advocate as he very smartly put it). Ask the same question in a different way on a different day, and if you're lucky you might get a different answer. Aha, gotcha!

I'm afraid, for some, it's turned into a good guy/bad guy competition. The jurors are not allowed to play that game, so hopefully they are more focused on their job. I don't think we'll ever know who shot, or when and where. I'm waiting for Justice Goodman's charge to decide if they are guilty of 1st. My take of the evidence is that they are equally responsible for Tim's murder, and for the subsequent cover up.

 

[hellkat2]

Thank you! I thought I was losing my mind.

So the clock on the camera at the Super Sucker was not turned back to account for day light saving or whatever ? Can you expand on this please? Enlighten my thick head please.

 

[andreww]

These are the unadjusted time stamps for each sighting:

5:46pm .... Yukon going south on Trinity
6:05pm .... Vehicle consistent with Bosma truck going north on Trinity
6:15pm .... Vehicle consistent with Bosma truck going south on Trinity
6:20pm .... Vehicle consistent with Bosma truck going north on Trinity followed shortly by Yukon

The two middle events were revealed to the jury during Pillay's cross-examination of Plaxton. Also, Pillay contended that the time stamp was not adjusted precisely because the officer who collected the video simply noted that it was "3 hours out", and Plaxton had accepted this as a fact.

Geez, you think the fist thing cops would do when recovering surveillance video would be to capture themselves with a large clock with the correct time on the time stamped video. This would conclusively show the variance. You'd thing it would be standard procedure.

 

[mimimic]

I was starting to feel alone in thinking that MS's testimony was absolutely staggering. While I agree that Sachak seemed laborous, he managed to get MS to confess to their presence and participation in an entire string of significant events in this horrendous crime. So, yes, Sachak's questioning was tiring, but so were the comments about how tiring he was.

A question: From the tweets, it seemed to me that DM's mood change when MS said that the murder took place when DM was driving alone in the vehicle with TB. Is that accurate? If so, imo, DM believed that he could blame the shooting on MS because they were in the same vehicle when it happened. I wonder if DM never anticipated that MS would testify that the shooting happened when MS was following in the Yukon.

If there was a mood change, it indicates for me he wasn't anticipating that, so therefore it is a lie. (?)

 

[ABro]

Geez, you think the fist thing cops would do when recovering surveillance video would be to capture themselves with a large clock with the correct time on the time stamped video. This would conclusively show the variance. You'd thing it would be standard procedure.

It is. That's why Pillay went after the cop who collected the Super Sucker video -- because he did not do what he should have and what we've seen most of the other cops do.

Then the Super Sucker employee who was a punctuality freak reset the system.

Plaxton had to take their word for it that it was three hours out.

 

[Ontario Mom]

There's no doubt Sachak's style isn't for everyone and some people will respond to it better/worse than others. It's the level of disdain I find weird.

Maybe the disdain comes from the place that he's defending DM with such a ludicrous story it just disgusts people? "Oh no!" "let's call an ambulance". IMO - 100% BS.

Maybe it comes from the place that folks find it highly inappropriate & disrespectful that he makes such smart mouth comments like "did you wake up at the Bosma house?"

Maybe it comes from the place that absolutely everything he's accused MS of not doing to make things right (calling 911, telling the police what happened, etc.) his own client did not do either? The hypocrisy is incredible there.

Maybe it comes due to his incessant repetition of asking the very same questions he doesn't like the answer to, then making more sarcastic comments about that.

I'm just guessing, based on what I've seen so far. Maybe it's all of those things.

Most of us only have tweets to go by, and based on those tweets, the reaction from a lot of people toward Sachak is pretty much the same. He just rubs people the wrong way.

 

[billandrew]

Geez, you think the fist thing cops would do when recovering surveillance video would be to capture themselves with a large clock with the correct time on the time stamped video. This would conclusively show the variance. You'd thing it would be standard procedure.

The officer who collected the video testified under oath that he did in fact compare the time stamp to his phone. But no, he didn't take a photo of it, nor did he record that detail in his notebook as he should have.

Interestingly -- I just noticed this in the tweets -- some police notes taken by Staff Sgt Matt Kavanagh during a Crown prep meeting just before this officer's testimony indicated that the video was out by "3 hours plus 1 or 2 minutes".

 

[hellkat2]

Actually, Plaxton during Pillay cross, admitted timestamp on video could be off by 3 hours 10 minutes as Pillay suggested.
The cell records are accurate, the video timestamp is not accurate[/QUOTE[/I]

I am ignorant to how these cameras work. But how could the time be so off? what would be the cause of this? operator error? Do they run on a loop in that they just record over what was previously there? Are there many models of video security camera and depending on the age is depending on the features? I would assume there are lots of variables. Anybody out there know?

 

[NoodlesMcgee]

Re the phones - my guess because MS phones are old and terrible, they just don't store as much as newer phones that the other people would have had.

 

[billandrew]

I am ignorant to how these cameras work. But how could the time be so off? what would be the cause of this? operator error? Do they run on a loop in that they just record over what was previously there? Are there many models of video security camera and depending on the age is depending on the features? I would assume there are lots of variables. Anybody out there know?

Many possible reasons for the time being out: it wasn't set up right to begin with, there was no synchronization source, it was an old system with a slight drift over time, the backup battery to power the clock in the event of a power failure was dead, etc.

 

[hellkat2]

Sachak is saying a truck is seen going north at 9:05 p.m., and then going south at 9:15 p.m., and then north again at 9:20 p.m. followed by Millard's SUV. "That's not the Bosma vehicle, it's not an uncommon vehicle, especially for the area," Smich says.
by Adam Carter 11:28 AM

"In that ten minute test drive you shot Mr. Bosma, and you were coming to retrieve the GMC Yukon," Sachak says. "That's absolutely incorrect," Smich says.
by Adam Carter 11:29 AM

"It would be virtually impossible because of the times," Smich says. "Forget the times," Sachak says.
by Adam Carter 11:30 AM


Yes... forget such a critical component.

With all of the actual details that the camera's times are wrong etc....I come up with forget it. It cannot fit up with anything. Don't get caught up with trying to make it fit. Like when someone is lost and they are looking at a map that does not reflect where they are. After awhile you realize you are not lost and in reality the map is actually wrong. But it does take some time. MS is not telling the truth IMO. No matter how hard the timelines are made to fit with his story.

 

[Arnie M]

These are the unadjusted time stamps for each sighting:

5:46pm .... Yukon going south on Trinity
6:05pm .... Vehicle consistent with Bosma truck going north on Trinity
6:15pm .... Vehicle consistent with Bosma truck going south on Trinity
6:20pm .... Vehicle consistent with Bosma truck going north on Trinity followed shortly by Yukon

The two middle events were revealed to the jury during Pillay's cross-examination of Plaxton. Also, Pillay contended that the time stamp was not adjusted precisely because the officer who collected the video simply noted that it was "3 hours out", and Plaxton had accepted this as a fact.

Thank you Bill , and thank you for all your other meticulous records.

Super Sucker times
5:46pm .... Yukon going south on Trinity
6:05pm .... Vehicle consistent with Bosma truck going north on Trinity
6:15pm .... Vehicle consistent with Bosma truck going south on Trinity
6:20pm .... Vehicle consistent with Bosma truck going north on Trinity followed shortly by Yukon

Here is how it pencils out if we add exactly 3 hours to the SS times with Bate phone time in red
8:46pm .... Yukon going south on Trinity
9:05pm .... Vehicle consistent with Bosma truck going north on Trinity
9:05pm .... confirmed time the Bate & Bosma phones walked in Bosma yard
9:15pm .... Vehicle consistent with Bosma truck going south on Trinity
9:20pm .... Vehicle consistent with Bosma truck going north on Trinity followed shortly by Yukon

There has been mention of adding 10 minutes additional adjustment to the corrected time
9:06pm .... Yukon going south on Trinity
9:05pm .... confirmed time the Bate & Bosma phones walked in Bosma yard
9:15pm .... Vehicle consistent with Bosma truck going north on Trinity
9:25pm .... Vehicle consistent with Bosma truck going south on Trinity
9:30pm .... Vehicle consistent with Bosma truck going north on Trinity followed shortly by Yukon

Same thing but subtract 10 minutes
8:36pm .... Yukon going south on Trinity
8:55pm .... Vehicle consistent with Bosma truck going north on Trinity
9:05pm .... confirmed time the Bate & Bosma phones walked in Bosma yard
9:05pm .... Vehicle consistent with Bosma truck going south on Trinity
9:10pm .... Vehicle consistent with Bosma truck going north on Trinity followed shortly by Yukon

No matter how we fiddle with the timeline it will not allow those "two extra truck sightings to be the Bosma Truck"
Crown video expert & police had it right the first time .

 

[hellkat2]

Smich is schooling Sachak today. Just saying.

It would take a whole team of lawyers and teachers and teachers assistants to school Smich. But I could see how MS could school them in immediate gratification and how to achieve them in the criminal world.

 

[canadiangirl]

It was Jones that was the shooting reconstructionist not Gerard, and he was not qualified to testify on that topic at this trial-- only about blood spatter.

The reason no one testified about it because there is NOT enough information to say where the shot/s came from.

I'm not sure why people find this so hard to accept.

I wrote before about how WSers want "the truth" and believe they can have it. People like the cops understand you can't always find out "the truth" and they accept that.

In this case, the only two people who actually know the truth are both telling completely different self-interested stories that conflict with other evidence presented. And yet, there seems to be a willingness to believe Smich because he promised he would tell "the truth." Even though he has been exposed as having very shaky testimony in many key areas, his promise of "the truth" still holds up for a number of WSers.

Eventually, we will find out what the jury thinks of it.

Millard’s first lawyer promised there was much more to this story and it would become clear in court. There was more to the framing aspect he couldn't get into etc. Ive yet to see this happen. This is likely why WS want the truth IMO.
I'm sure most us us recall this article or similar ones.
http://www.torontosun.com/2013/05/15/tim-bosma-murder-suspect-dellen-millard-in-hamilton-court