Bosma Murder Trial 06.10.16 - Day 59 - Charge to jury

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 38s39 seconds ago
"Repetition and truthfulness are not the same thing ... once a lie, always a lie," Goodman says about prior consistent statements. #Bosma

Lisa Hepfner ‏@HefCHCHNews 43s44 seconds ago
Repetition and truthfulness are not the same thing. Once a lie, always a lie, judge says. #TimBosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Take into matters of importance vs. minor details, says judge.

 

[ILoveDateline]

Lisa Hepfner ‏@HefCHCHNews 7s7 seconds ago
Defence lawyers spend a lot of time pointing out inconsistencies. Jury has to decide whether they're relevant. #TimBosma

Susan Clairmont ‏@susanclairmont 29s29 seconds ago
Prior inconsistent statements brought in sometimes by defence to raise question about their truthfulness.

 

[ILoveDateline]

Susan Clairmont ‏@susanclairmont 14s15 seconds ago
May consider prior inconsistent statements to assess account of events.

molly hayes ‏@mollyhayes 26s27 seconds ago
Re: consistent/inconsistent statements, Goodman says repetition and truthfulness are not the same thing. Assess carefully. #Bosma

 

[Kamille]

"Repetition and truthfulness are not the same thing ... once a lie, always a lie," Goodman says about prior consistent statements.
by Adam Carter 11:52 AM

 

[Kamille]

Goodman now turning to bad character evidence. He says that evidence is generally inadmissible.
by Adam Carter 11:55 AM

 

[ILoveDateline]

molly hayes ‏@mollyhayes 30s30 seconds ago
turning now to bad character, or propensity evidence. #Bosma

Colin Butler ‏@ColinButlerCBC 31s31 seconds ago
Judge turning now to bad character, or propensity evidence. #TimBosma

 

[ILoveDateline]

Lisa Hepfner ‏@HefCHCHNews 34s35 seconds ago
Evidence of illegal, immoral or offensive behaviour -- bad conduct -- is usually inadmissible. Can't convict on bad character. #Bosma

Colin Butler ‏@ColinButlerCBC 36s37 seconds ago
It's generally inadmissible, Goodman notes. "It's very important for you to understand how you must not use the bad character evidence."

Adam Carter ‏@AdamCarterCBC 46s47 seconds ago
Goodman now turning to bad character evidence. He says that evidence is generally inadmissible. #TimBosma #Bosma

 

[ILoveDateline]

Lisa Hepfner ‏@HefCHCHNews 8s9 seconds ago
Jury may find accused have propensity and disposition to commit the crime in this case. Can't use that to convict. #TimBosma

Colin Butler ‏@ColinButlerCBC 37s38 seconds ago
Jurors have heard about marijuana, thievery and a number of other alleged acts that could be considered bad character. #TimBosma

molly hayes ‏@mollyhayes 43s44 seconds ago
Bad character evidence is generally inadmissible. Cannot be assumed someone is guilty just because they did something bad in the past #Bosma

Susan Clairmont ‏@susanclairmont 51s52 seconds ago
Bad character evidence is generally inadmissible. Just because you did something bad/wrong before, doesn't mean you're guilty of this crime.

 

[Kamille]

Goodman says that just because an accused is the type of person who committed a criminal offence, that doesn't mean they're guilty here. He says that extends to prior thefts, drug use and gun ownership. "They are not on style for their lifestyle choices."
by Adam Carter 11:57 AM

That means the evidence given by Smich about Millard's bad character can only used when considering himself, and vice versa.
by Adam Carter 11:58 AM

 

[ILoveDateline]

Lisa Hepfner ‏@HefCHCHNews 32s32 seconds ago
Bad character evidence can raise reasonable doubt, however, judge says.

Adam Carter ‏@AdamCarterCBC 34s34 seconds ago
Goodman says that just because an accused is the type of person who committed a criminal offence, that doesn't mean they're guilty #Bosma

Susan Clairmont ‏@susanclairmont 38s38 seconds ago
Involvement with drugs or firearms or prior thefts not to be included in decision for Smich or Millard.

molly hayes ‏@mollyhayes 50s50 seconds ago
"They're not on trial for their lifestyle choices, taste in rap music or video games..." #Bosma

Colin Butler ‏@ColinButlerCBC 52s52 seconds ago
"You must remember that none of the accused here are on trial for their lifestyle choices," Goodman tells the jury. #TimBosma

molly hayes ‏@mollyhayes 58s58 seconds ago
Goodman references things they've heard re: Smich/Millard about marijuana, firearms, thievery etc.

Alex Pierson ‏@AlexpiersonAMP 59s59 seconds ago
Now to bad character. Illegal. Immoral or offensive behaviour. "No one can be convicted of a crime based of their past."

 

[ILoveDateline]

Susan Clairmont ‏@susanclairmont 21s21 seconds ago
Previous convictions of Mark Smich. He previously was convicted in youth court and then impaired driving. Must not use those convictions...

Adam Carter ‏@AdamCarterCBC 28s28 seconds ago
That means the evidence given by Smich about Millard's bad character can only used when considering himself, and vice versa. #Bosma

Lisa Hepfner ‏@HefCHCHNews 46s46 seconds ago
Millard's evidence of Smich's bad character can only be used against Millard, and vice versa. #TimBosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Do not consider their life choices, playing of video games, making of rap videos....

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
He says that extends to prior thefts, drug use and gun ownership. "They are not on style for their lifestyle choices." #Bosma

BBM: I assume this was meant to be *trial.

 

[Kamille]

The jury also can't use Smich's criminal record to prove he's the "sort of person" who would commit murder, he says.
by Adam Carter 11:58 AM

A previous conviction doesn't mean the jury shouldn't consider Smich's evidence, he says.
by Adam Carter 11:59 AM

It does mean they should weigh them for importance against his evidence, he says.
by Adam Carter 11:59 AM

 

[ILoveDateline]

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Evidence of theft may be more important than evidence of marijuana possession, judge says. #TimBosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
It does mean they should weigh them for importance against his evidence, he says. #Bosma

molly hayes ‏@mollyhayes 1m1 minute ago
But it can be used to assess that credibility. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Only use it to decide if his testimony is believable. Some convictions are for crimes of dishonesty.

Colin Butler ‏@ColinButlerCBC 2m2 minutes ago
Millard's evidence about Smich's bad character can only be used against Millard and vice versa, Goodman tells jury. #TimBosma

Adam Carter ‏@AdamCarterCBC 2m2 minutes ago
A previous conviction doesn't mean the jury shouldn't consider Smich's evidence, he says. #TimBosma #Bosma

molly hayes ‏@mollyhayes 2m2 minutes ago
He references Smich's criminal record. A previous conviction does not mean you cannot or should not believe his testimony, Goodman says.

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
...as evidence he committed this offence or is the type of person who would commit this offence.

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Prior Smich convictions can only be used to assess his reliability and credibility, not to decide the case, judge sells. #Bosma

Adam Carter ‏@AdamCarterCBC 2m2 minutes ago
The jury also can't use Smich's criminal record to prove he's the "sort of person" who would commit murder, he says. #Bosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Bad character evidence raised, for ex, by DM about MS, can only be used to find reasonable doubt of DM's guilt (and vice versa). #Bosma

 

[Kamille]

Goodman says there has been "copious" amounts of character evidence in this trial.
by Adam Carter 12:00 PM

We've heard Smich's testimony about Millard's life/thefts, alongside Hagerman and Michalski's, and Meneses' assertion he was "creepy."
by Adam Carter 12:02 PM

"Millard is not on trial for a breach of court orders," Goodman says, about Millard sending letters to Noudga.
by Adam Carter 12:02 PM

 

[ILoveDateline]

Alex Pierson ‏@AlexpiersonAMP 23s23 seconds ago
judge' breaking the law doesn't make them guilty. "It can however raise reasonable doubt." @AM900CHML

Susan Clairmont ‏@susanclairmont 59s59 seconds ago
Millard bad character. Smich testified about his use of drugs, thievery. Hagerman and Michalski testified about his other thefts.

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
There was "copious" bad character evidence induced by each of the accused about the other man during this trial, according to Goodman #Bosma

Alex Pierson ‏@AlexpiersonAMP 1m1 minute ago
"None of the accused are on trial here for their life style choices, taste in rap music or video games." @AM900CHML

Adam Carter ‏@AdamCarterCBC 2m2 minutes ago
Goodman says there has been "copious" amounts of character evidence in this trial. #TimBosma #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
In this trial, there were "copious" amounts of evidence about the character of the men on trial.

molly hayes ‏@mollyhayes 2m2 minutes ago
He references Smich's criminal record. A previous conviction does not mean he is guilty. But can be used to assess credibility. #Bosma

BBM: let's hear how much sense that makes on the radio.

 

[billandrew]

Smich's timeline needs about 10 minutes plugged in to it to make sense, most credibly before he gets to the Bosma's. Here's how it could look if you were trying to make something fit with his story. All times listed relative to Super Sucker time.

8:46 first pass by Super Sucker
8:48 arrive near Bosma home
8:58 complete reconnaissance of area including finding home, mapping possible test drive route, killing time for darkness, searching for a place to park
8:59 depart on foot for Bosma's
9:06 arrive at Bosma driveway
9:10 depart Bosma house
9:11 arrive at field after pause for fake text, pause to let MS out, do X point turn
9:12 go west on Book and do 10 km loop back to Super Sucker at ~70 kph
9:20 pass by Super Sucker

You added a 10 km loop on Book Rd that contradicts Smich's own testimony. From Molly Hayes's tweets:

• Smich says he pulls out of laneway [farmer field], making a left (westbound) onto Book Rd and follows.
• Both vehicles then make a right on Trinity Rd. First the truck (driven by Millard), with Smich driving Yukon behind.

Your scenario also assumes the additional video sightings were not Bosma's truck. It also assumes the Super Sucker video is exactly 3 hours out from the cell towers given the time they arrived in Bosma's driveway. In a previous post I explained why I believe all of this is unlikely.

 

[ILoveDateline]

molly hayes ‏@mollyhayes 15s15 seconds ago
Millard admits he wrote letters to Noudga, for ex. But he's not on trial for breaching a court order, Goodman says. #Bosma

Lisa Hepfner ‏@HefCHCHNews 15s15 seconds ago
Some stolen vehicles were at the hangar and Maple Gate. Millard is not on trial for his lifestyle choices or possession or dist of drugs.

Lisa Hepfner ‏@HefCHCHNews 51s51 seconds ago
Millard is not on trial for breach of court orders, judge says. The fact he sent letters to gf while in jail is of minimal importance #Bosma

Susan Clairmont ‏@susanclairmont 52s52 seconds ago
Millard contacting Noudga from jail, breaching court order. But he is not on trial for that. Only use that to determine his state of mind.

Adam Carter ‏@AdamCarterCBC 57s57 seconds ago
"Millard is not on trial for a breach of court orders," Goodman says, about Millard sending letters to Noudga. #TImBosma #Bosma

molly hayes ‏@mollyhayes 1m1 minute ago
Goodman references various examples of bad character evidence given in this trial. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Jury has heard copious amounts of bad character evidence. Prior thefts, criminal behaviour, etc. #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Heard about Millard distribution of drugs at parties. Meneses said he made unwanted sexual advances on her. Texts about illegal behaviour.

Adam Carter ‏@AdamCarterCBC 2m2 minutes ago
We've heard Smich's testimony about Millard's life/thefts, alongside Hagerman and Michalski's, and Meneses' assertion he was "creepy" #Bosma

 

[Kamille]

The letters are, however, part of a "pattern of after the fact conduct," Goodman says. "Millard is not on trial for the theft of other items ... for his lifestyle choices, or for the possession or distribution of drugs."
by Adam Carter 12:03 PM

 

[Kamille]

Smich is not on trial for drug trafficking, thievery or vandalism, Goodman says. Also not to make conclusions about his rap lyrics.
by Adam Carter 12:05 PM

 

[ILoveDateline]

Alex Pierson ‏@AlexpiersonAMP 35s35 seconds ago
It can however be used by jury to decide credibilty. @AM900CHML

Susan Clairmont ‏@susanclairmont 49s49 seconds ago
His violent rap lyrics "a genre of music that might not necessarily imply that person is violent...the same can be said about video games."

Lisa Hepfner ‏@HefCHCHNews 55s55 seconds ago
Rap is a genre of music and doesn't necessarily mean the artist is violent, judge says of Smich performances & lyrics. #Bosma

molly hayes ‏@mollyhayes 56s56 seconds ago
He says violent rap lyrics, video games etc cannot be used to draw any adverse inference that they are guilty. #Bosam

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Smich admitted on stand he used/sold weed. He's not on trial for that, or thievery or vandalism.

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
He also says jurors can't conclude Smich is violent based on rap lyrics or the fact that either accused played violent video games. #Bosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
Smich is not on trial for drug trafficking, thievery or vandalism, Goodman says. Also not to make conclusions about his rap lyrics. #Bosma

Alex Pierson ‏@AlexpiersonAMP 2m2 minutes ago
Bad character evidence raised by MS about DM can only be used when considering himself. Nor can MS convictions be held against him.

Colin Butler ‏@ColinButlerCBC 2m2 minutes ago
"Smich is not on trial for drug possession and trafficking and you cannot find him guilty on that basis," Goodman says. #TimBosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Smich admitted to being a petty drug dealer, vandal and abusive to his girlfriend. He is not on trial for those offenses. #Bosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich is not on trial for thievery, vandalism, drug use or trafficking, Goodman says. #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Smich bad character. Meneses said he sold drugs and did drug rips. She said he was physical and verbally abused by him.

Adam Carter ‏@AdamCarterCBC 3m3 minutes ago
"Millard is not on trial for the theft of other items ... for his lifestyle choices, or for the possession or distribution of drugs" #Bosma

Adam Carter ‏@AdamCarterCBC 3m3 minutes ago
The letters are, however, part of a "pattern of after the fact conduct," Goodman says. #TimBosma #Bosma

molly hayes ‏@mollyhayes 3m3 minutes ago
Now listing some of the bad character evidence given against Smich. #Bosma

Susan Clairmont ‏@susanclairmont 3m3 minutes ago
Other stolen vehicles at hangar or Maplegate. Millard not on trial for theft of other items, lifestyle or possession/distribution of drugs.

molly hayes ‏@mollyhayes 3m3 minutes ago
Similarly, he is not on trial for other thefts, his lifestyle choices or distribution of drugs.

Colin Butler ‏@ColinButlerCBC 3m3 minutes ago
"Millard is not on trial for the theft of other items," Goodman says. "Again, Millard is not on trial for his lifestyle choices." #TimBosma