Bosma Murder Trial 05.20.16 - Day 53

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  • #81
Am I clear that this is a lighter, with no provable ties to either of the accused, that was just pulled out at the last minute as some kind of gotcha? As if! If I was a juror I would be all pfffft...whatever.

I assume it was the only thing LE found when searching that parking area of the neighbour's field so was worth putting the question forth to see what MS might say or how he might react.

(All my opinion)
 
  • #82
Sorry if already posted:

Tim Bosma Murder Trial: Video of Bosma’s truck on test drive with accused killers | EXHIBIT #100

[video=youtube;_muL7tp1ylo]https://www.youtube.com/watch?v=_muL7tp1ylo&list=UUnsj4TU7mOQ-4l2HOaRekgA&index=1[/video]

I had to do control scroll from the Youtube version to lower the title--he should have placed the title elsewhere on this one. IMO
 
  • #83
I don't feel I have the expertise to say if the trucks are the same or not, but I think it's a bit of an unfortunate choice for justice in the sense that it kind of becomes "Do I believe the Crown and Mark Smich, or do I believe Dellen Millard?" on this one point. It's probably a benefit by association that Mark doesn't really deserve.

If MS knew that the truck in that video was TB's, regardless of the fact that the time stamp suggested differently, he made a critical error when telling his "story" IMO. There is going to be at least one juror who uses that video to discount his version of events IMO. Because if that is TB's truck, and it sure appears that it is, not to mention no one has come forward to say they were driving on that road in a similar truck that night, then his story is a fabrication to fit the Crown's evidence. The only reason I could see him doing that would be because at the very least he was in the truck when TB was shot or he is the actual shooter.

MOO
 
  • #84
Watching this....I am SHOCKED that the Prosecution didn't pick up on this vehicle seemingly going past the camera three times, twice north and once south. I know there is no way to confirm 100% it is the same vehicle but through my eyes, there is no doubt in my mind that it is the same one
I'm in this camp. I would be shocked if it wasn't the same truck in all three instances (although you can't see the running lights in the southbound video because of the camera angle).

The argument seems to be, from others, that lots of people drive pickups in Ancaster. There are even people in Ancaster that may drive a black 3500. True enough but let's think of the law of averages.

If it is indeed the same truck in the 9:05 and 9:15 (adjusted time) clips, but not TB's, what are the chances of an almost identical make, model and colour driving northbound, then southbound TEN minutes later, on a Monday night after 9:00? The odds of any owner of a black 3500 with chrome wheels, running boards and running lights going out for a loaf or bread, cup of coffee or tank of gas up on Wilson (which is about all you would have time to do in those ten minutes) just as another guy up the street is being kidnapped and murdered for his black 3500 with chrome wheels, running boards and running lights would have to be considered extremely remote, at best.

And, like I said yesterday, even if you have the exact same truck and went out at that exact same time, as unlikely as that seems, do you not become at least concerned the next day? You find out a local guy is missing, living on the same road you happened to be driving on at almost the same time he went for a test drive in a truck almost identical to yours, you don't think of calling the police? Or, after he is found murdered and incinerated, you don't pick up the phone? You know, in case a video camera of a local business or a passerby happened to see your truck on Trinity at just that time? You don't call the police?

I sure as hell do.

EDIT: For clarity, I am not suggesting the Crown "missed" this. I just don't think they believed it was crucial to their case, and they not yet heard MS's version of what happened.
 
  • #85
This. As if Sachak even brought this lighter up! It's stuff like this that makes his overall argument feel weaker than it is I think.

But it could still put a pause in the jury's mind if they think something nefarious occurred in the field.
 
  • #86
Two quick comments:

1. There's really no such thing as "owning a tricky scale" because everything scale can be programmed as such. Virtual every set of scales (a used for drugs or small measurements) can be programmed to be "tricky scales" using the tare button... it's remarkably simple!!! The tare button is used to set the scales to "0" when the tray is empty - it's a feature to maintain precision and allow you to measure things in bowls/glasses/etc. You could very easily set the scale to read 3.0 grams even with nothing on the tray -- and therefore could slyly measure out say 11 grams of a substance and sell it for the price of 14 grams to a buyer, gaining their confidence because the scale reads 14 grams.

2. I doubt that MS was using a "Toronto Hemp Company" lighter. Regular / heavy smokers are unlikely to use expensive, "short-lasting" souvenir lighters. Reliable lighters are VERY important to obsessive smokers.... Infrequent smokers are more likely to use souvenir lighters and IMO is seems more likely that the THC lighter found back from the road from actually from some other 'locals' smoking a joint, hidden away from the public eye. Regardless, there was no evidence linking the lighter to MS, so this is probably the weakest of the 10 points.

IMO.
1. I looked up the conversion from metric to imperial to see if 14 grams is a conventional quantity weed would be sold in. It is. If a drug dealer went to the trouble of portioning the weed in front of the buyer, wouldn't it be obvious the scale wasn't cleared first? I would think the dealer weighs it in front of the buyer, instead or proportioned baggies, to offer reassurance they're getting what they paid for and taring the scale would be part of this. As I type this, i realise that it probably wasn't weighed in front of the buyer but beforehand and it makes more sense to me to measure 14grs and take away a bud or two. IMO.

But I've just spent way to much time thinking about something that will never happen.

2. I disagree about the lighter. I was a regular smoker and had disposable lighters all over the place and, of course, still could never find one when I need it. My husband loved his Zippo but only used it at home so it wouldn't get lost/stolen or run out of fuel. Do we know the THC lighter was a short lasting souvenir lighter? Is there a pic?
 
  • #87
Not sure I agree with this. The way I look at it, carrying on with the truck of a man everyone is searching for is far more risky then taking 10 mins on a desolate road for a quick plate swap.

The amount of time driving that truck with TB plates was way too much risk. Especially since SB and WD saw and spoke to both the accused.

I'm sure they knew it was a matter of time before Tim's wife would worry he wasn't back and call police. Thus making the plate swapping very important IMO

True, but in fairness, no one was likely looking for him by this point. I think they would have had more than enough time to get to the farm before anyone, save for maybe SB, was even aware what was going on.
 
  • #88
Some need to avoid the idea that one story is true and one is lies. Highly likely both are lying. It's not an either or decision.

Exactly, we're likely going to be getting a third version during the Crown's cross exam. And all three are not going to be the absolute truth or tell us what really happened. That we'll likely never know. Each juror will be going over the same things we are and might be just as confused as a group and will have a tough time making a decision. For that reason, I just want to know what the charge will be to the jury that allows for them, under the criminal code, to unanimously agree to guilty of 1st degree murder for both of them when the events surrounding the murder are so murky.

MOO
 
  • #89
We can all be glad LE has so much evidence and that they apprehended the culprits. In murder cases on the Forensic Files TV show, I don't see as much evidence in many cases. In some cases, the perps are never figured out. IMO
 
  • #90
So then, this lighter was found in the field in a different area than where MS said the Yukon was parked.

There is no proof either way that this lighter does or does not belong to either MS or DM.

Apparently there were no prints or DNA (assuming it was tested?)

It can't even be entered into evidence.

This lighter could actually belong to someone completely unrelated to the case.

Are we even sure this is a lighter, or a really bright red herring? :thinking:
 
  • #91
Exactly, we're likely going to be getting a third version during the Crown's cross exam. And all three are not going to be the absolute truth or tell us what really happened. That we'll likely never know. Each juror will be going over the same things we are and might be just as confused as a group and will have a tough time making a decision. For that reason, I just want to know what the charge will be to the jury that allows for them, under the criminal code, to unanimously agree to guilty of 1st degree murder for both of them when the events surrounding the murder are so murky.

MOO

I am curious to see whether a first degree conviction hinges on forcible confinement, planning/deliberation, or either one. Staff Sgt Matt Kavanagh stated that the first degree murder charges were laid based on forcible confinement. As he stated to the press, "Mr. Bosma entered his vehicle of his own free will but he was not allowed to leave, and therefore first degree is the appropriate charge." If this holds for the trial, then in order to convict both DM and MS the jury will have to conclude that they acted jointly to forcibly confine TB. This may (or may not) require that both of them were in the vehicle when TB was killed.

If planning and deliberation is the qualifier, then in order to convict them both of first degree murder the jury must conclude that they acted jointly in the planning of a murder. If the jury concludes that DM and MS jointly planned and carried out the murder, then it matters not who was in the vehicle or who pulled the trigger, they will both be guilty of first degree murder.
 
  • #92
I guess the hoses are not going to be discussed anymore? Do we just pretend that issue never came up? Will Crown somehow mention hoses in closing statement - can't see that as it has not been discussed with a witness or expert?
 
  • #93
molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak says the other area he'd like to cover briefly is what happened at the airport hangar after they left the farm that night. #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Smich says "ok sir." #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
What happened at the hangar after they left the farm is Sachak's next area of inquiry.

Lisa Hepfner ‏@HefCHCHNews 55s55 seconds ago
There was a time Millard left the hangar to get gas, Smich agrees. Half hour trip. Sachak says he left because there was a bad argument

Lisa Hepfner ‏@HefCHCHNews 19s19 seconds ago
An argument about what had transpired on the highway when Bosma was in the truck with Smich and Millard. Dell left bc of that discussion

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
At one point Dellen left the hangar to go get gas, Smich agrees. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Sachak suggests he was gone approximately half an hour. Smich says he'll agree with that. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Sachak suggests the reason he left was because a "really bad argument" took place between them about what had transpired on the Hwy. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Smich says no sir because that did not happen. Sachak says there was a discussion about what happened and why he was shot. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Millard left hangar for 30 minutes. Smich says he went to get gas. Sachak says it was because of argument over Smich killing #Bosma.

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak suggests Dell asked "What did you do, why did you mess this up?" And that Smich said "it's not my fault, he grabbed the gun." #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Smich says no this did not happen. Sachak suggests Millard left at this point to cool down. And took Pedo with him. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
"What did you do, why did you mess this up?" Millard asked Smich, Sachak says. "It's not my fault he grabbed the gun," Smich replied, S says

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Sachak suggests Smich pointed gun at #Bosma, #Bosma grabbed gun and it went off. Millard left to "cool off." Took Pedo with him.

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Smich says no. He says Pedo was in the Yukon with him on drive there but doesn't believe Millard took the dog with him when he left. #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak suggests while Millard was gone, Smich is working on the #Bosma truck. "That's what he told me to do," Smich agrees.

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
He was cutting out the seat belts and carpets. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
During that 30 minutes Smich cut out carpets and seatbelts of #Bosma truck. "That's what he told me to do," says Smich.

Like DM would leave the incinerator, TB's body, bloody truck, etc... with MS, who could have called police, or who knows what in DM's absence..... if MS was the one that messed up? Would DM trust him alone with all that evidence so blatantly out there? Doubt it.
 
  • #94
Thank you for your explanation. In the end it just comes down to the fact they can't present everything, and this was not a no-brainer to explain.
I don't think the truck in the 9:05 and 9:15 videos WAS relevant to the Crown's case at all. They are obviously much more concerned in the 8:46 and 9:20 videos, for obvious reasons.

For everyone else, the 9:05 and 9:15 videos, are very important discussion points. If that is indeed TB's truck, then MS is lying about his story. And if he is lying about his story, he is probably lying about who pulled the trigger. I would say the Crown, and the jury, would be very interested in knowing that, now that MS is telling his version of what happened.

Look forward to hearing your thoughts....
 
  • #95
molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak says the other area he'd like to cover briefly is what happened at the airport hangar after they left the farm that night. #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Smich says "ok sir." #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
What happened at the hangar after they left the farm is Sachak's next area of inquiry.

Lisa Hepfner ‏@HefCHCHNews 55s55 seconds ago
There was a time Millard left the hangar to get gas, Smich agrees. Half hour trip. Sachak says he left because there was a bad argument

Lisa Hepfner ‏@HefCHCHNews 19s19 seconds ago
An argument about what had transpired on the highway when Bosma was in the truck with Smich and Millard. Dell left bc of that discussion

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
At one point Dellen left the hangar to go get gas, Smich agrees. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Sachak suggests he was gone approximately half an hour. Smich says he'll agree with that. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Sachak suggests the reason he left was because a "really bad argument" took place between them about what had transpired on the Hwy. #Bosma

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Smich says no sir because that did not happen. Sachak says there was a discussion about what happened and why he was shot. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Millard left hangar for 30 minutes. Smich says he went to get gas. Sachak says it was because of argument over Smich killing #Bosma.

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak suggests Dell asked "What did you do, why did you mess this up?" And that Smich said "it's not my fault, he grabbed the gun." #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Smich says no this did not happen. Sachak suggests Millard left at this point to cool down. And took Pedo with him. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
"What did you do, why did you mess this up?" Millard asked Smich, Sachak says. "It's not my fault he grabbed the gun," Smich replied, S says

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
Sachak suggests Smich pointed gun at #Bosma, #Bosma grabbed gun and it went off. Millard left to "cool off." Took Pedo with him.

molly hayesVerified account ‏@mollyhayes 2m2 minutes ago
Smich says no. He says Pedo was in the Yukon with him on drive there but doesn't believe Millard took the dog with him when he left. #Bosma

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
Sachak suggests while Millard was gone, Smich is working on the #Bosma truck. "That's what he told me to do," Smich agrees.

molly hayesVerified account ‏@mollyhayes 1m1 minute ago
He was cutting out the seat belts and carpets. #Bosma

Susan ClairmontVerified account ‏@susanclairmont 1m1 minute ago
During that 30 minutes Smich cut out carpets and seatbelts of #Bosma truck. "That's what he told me to do," says Smich.

If DM went to get gas, where is his receipt with date and time stamp to prove? Even if he paid cash, he would still have a receipt...
 
  • #96
I guess the hoses are not going to be discussed anymore? Do we just pretend that issue never came up? Will Crown somehow mention hoses in closing statement - can't see that as it has not been discussed with a witness or expert?
Potential it wasn't allowed to be brought up by the judge
 
  • #97
If DM went to get gas, where is his receipt with date and time stamp to prove? Even if he paid cash, he would still have a receipt...

Not necessarily. I get gas all time the time, even with my credit card, and unless I am writing it off or it is for work travel, I never take the receipt.
 
  • #98
If MS knew that the truck in that video was TB's, regardless of the fact that the time stamp suggested differently, he made a critical error when telling his "story" IMO. There is going to be at least one juror who uses that video to discount his version of events IMO. Because if that is TB's truck, and it sure appears that it is, not to mention no one has come forward to say they were driving on that road in a similar truck that night, then his story is a fabrication to fit the Crown's evidence. The only reason I could see him doing that would be because at the very least he was in the truck when TB was shot or he is the actual shooter.

MOO

CAN the juror use that to discount MS story since it was never entered into evidence against the accused? Not sure how that works? It's NS version of events
 
  • #99
If DM went to get gas, where is his receipt with date and time stamp to prove? Even if he paid cash, he would still have a receipt...
Is it necessary to prove DM went for gas? MS and DM both seem to acknowledge that. To me, the only reason it would be significant is if he actually left for other reasons, like to sing songs to his gf from a pay phone [emoji12].

A trip to the gas station should be easy to prove with credit or debit records and security videos.
 
  • #100
Not necessarily. I get gas all time the time, even with my credit card, and unless I am writing it off or it is for work travel, I never take the receipt.
You would think DM would have told his lawyers that he got gas, therefore away from the scene for 1/2 hour, and MS could have done who knows what to implicate him in that 1/2 hour. You'd also think he would have been forthcoming with which gas station, and who served him, and exactly what he purchased....
 
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