Bosma Murder Trial 06.10.16 - Day 59 - Charge to jury

[Inspector_North]

Goodman again cautions the jury they can't use any out of court statement from one accused about the other when deciding about the other accused. For instance, what Millard says Smich did in his letters can't be used for deciding if Smich is guilty.
by Adam Carter 11:32 AM

Another example is that Smich told Meneses that Millard did it. The jury can't use that testimony for convicting Millard.
by Adam Carter 11:33 AM

OR MS's story about Lunatic Dell?

MOO

 

[Kamille]

The jury will have to decide for any text or email who it was sent from, to whom it was sent, and what should be taken from it.
by Adam Carter 11:36 AM

Goodman now turning to Smich's evidence.
by Adam Carter 11:36 AM

The in court testimony of Smich can be used to help decide the fate of both himself and Millard, Goodman says.
by Adam Carter 11:37 AM

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 26s27 seconds ago
The in court testimony of Smich can be used to help decide the fate of both himself and Millard, Goodman says. #TimBosma #Bosma

molly hayes ‏@mollyhayes 28s29 seconds ago
One of the jurors lets out a big yawn. These instructions are very dense. #Bosma

Colin Butler ‏@ColinButlerCBC 34s35 seconds ago
One of the jurors just yawned as Justice Goodman goes through the fine details of how they should weigh almost 5 months of evidence. #Bosma

Susan Clairmont ‏@susanclairmont 48s49 seconds ago
Now, in court evidence of Mark Smich...May consider his testimony to consider case against everyone on trial. #Bosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
Goodman now turning to Smich's evidence. #TImBosma #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Consider if you have context of out of court conversations, judge says to jury.

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 14s15 seconds ago
Goodman's charge is getting pretty complicated here with hypotheticals. I'm updating with what makes sense to me. #TImBosma #Bosma

Susan Clairmont ‏@susanclairmont 19s20 seconds ago
If a defendant on the stand adopts earlier statement about other defendant, jury can consider it against all defendants.

 

[Kamille]

Goodman's charge is getting pretty complicated here with hypotheticals. I'm updating with what makes sense to me.
by Adam Carter 11:39 AM

 

[ILoveDateline]

molly hayes ‏@mollyhayes 17s18 seconds ago
Goodman says Smich said the various gun photos all depict the same Walther PPK gun--that was used to kill #Bosma. This went unchallenged.

Alex Pierson ‏@AlexpiersonAMP 21s22 seconds ago
Jury must decide on texts and emails. Who it came from. Who it was for. What it was about. Jury decides what to take from it. @AM900CHML

Susan Clairmont ‏@susanclairmont 32s33 seconds ago
Smich says photos of PPK are all the same weapon and it is the weapon used to kill #Bosma. That evidence went unchallenged.

Colin Butler ‏@ColinButlerCBC 38s39 seconds ago
"It is your memory that counts" Goodman tells the jury as he describes ways testimony can conflict with other evidence. #TimBosma

 

[Kamille]

Goodman says that we've seen pictures showing the Walther PPK Smich says was used to kill Bosma. "This evidence is unchallenged, and is admissible against both Millard and Smich."
by Adam Carter 11:40 AM

Goodman also points out that Smich didn't adopt testimony from Noudga, Michalski and Daly.
by Adam Carter 11:41 AM

 

[Kamille]

Goodman now talking about how Millard's lawyer Nadir Sachak said Smich didn't tell police anything pre trial.
by Adam Carter 11:42 AM

"As a person charged with an offence, Smich had the absolute right to remain silent on and after arrest."
by Adam Carter 11:42 AM

 

[canadiangirl]

Or, TD decided that he wouldn't recall BD as he knew some of the testimony would be disputed by BD, therefore no point to it. TD certainly gave the impression he was vigorously defending MS, but if he knew MS's testimony would be disputed..... at least TD can't be blamed for not appearing to defend his client from outward appearances.

moo

That would be pretty unethical IMO

 

[ILoveDateline]

Lisa Hepfner ‏@HefCHCHNews 17s17 seconds ago
Smich did not agree with portions of Noudga, Michalski, & Hagerman testimony. Be careful what to believe, judge tells jury.

Alex Pierson ‏@AlexpiersonAMP 18s18 seconds ago
Several yawns from jurors. One looking around biting his nails. Don't judge. Charges r VERY VERY detailed. Very dry.

Adam Carter ‏@AdamCarterCBC 32s32 seconds ago
Goodman also points out that Smich didn't adopt testimony from Noudga, Michalski and Daly. #TimBosma #Bosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
"This evidence is unchallenged, and is admissible against both Millard and Smich." #TImBosma #Bosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
Goodman says that we've seen pictures showing the Walther PPK Smich says was used to kill Bosma. #TimBosma #Bosma

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
The gun evidence is admissible against both accused. Smich agreed on stand it was a real, working Walther PPK that killed #TimBosma

 

[CJPRINCESS]

molly hayes ‏@mollyhayes 1m1 minute ago
Daly, too, gave conflicting evidence about the gun in the toolbox and a convo about bullets. #Bosma

As I've said before with some backlash, happy the judge agrees.

 

[ILoveDateline]

Susan Clairmont ‏@susanclairmont 15s16 seconds ago
May 22, when Smich decided not to speak with police, that was his "absolute right." That right to remain silent is "fundamental."

Adam Carter ‏@AdamCarterCBC 39s40 seconds ago
"As a person charged with an offence, Smich had the absolute right to remain silent on and after arrest." #TimBosma #Bosma

Susan Clairmont ‏@susanclairmont 47s48 seconds ago
Cross exam of Smich. Smich had right to remain silent on and after arrest.

Lisa Hepfner ‏@HefCHCHNews 51s52 seconds ago
Smich did not tell police what he testified to at trial. He had the right to remain silent, judge says. #TimBosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Smich did not agree with parts of Noudga, Michalski and Daly's testimony. #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Smich denied telling Michalski to pick up "the thing" which was the toolbox.

 

[Kamille]

"The right to remain silent is fundamental," Goodman says.
by Adam Carter 11:43 AM

Goodman says the jury can't use Smich's use of his right to silence as part of proving the Crown's case.
by Adam Carter 11:43 AM

Milllard has the right to challenge Smich's testimony though, Goodman says.
by Adam Carter 11:44 AM

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 26s27 seconds ago
Milllard has the right to challenge Smich's testimony though, Goodman says. #TimBosma #Bosma

molly hayes ‏@mollyhayes 32s33 seconds ago
When Smich testified, Millard had right to challenge his testimony. #Bosma

Susan Clairmont ‏@susanclairmont 34s35 seconds ago
One person on trial has right to challenge the testimony and credibility of other person on trial.

molly hayes ‏@mollyhayes 42s43 seconds ago
Anyone on trial has right to remain silent. Also has right to make full answer and defence.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Jury can't use Smich's silence before trial to decide his guilt. But 2 people are charged here. 1 can challenge the credibility of the other

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
Goodman says the jury can't use Smich's use of his right to silence as part of proving the Crown's case. #TImBosma #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Cannot use fact he exercised his right to silence in deliberation.

Adam Carter ‏@AdamCarterCBC 2m2 minutes ago
"The right to remain silent is fundamental," Goodman says. #TImBosma

 

[ILoveDateline]

molly hayes ‏@mollyhayes 23s24 seconds ago
Smich was questioned why he didn't talk to police before trial. He said he was exercising right to remain silent.

Susan Clairmont ‏@susanclairmont 47s48 seconds ago
Smich clearly said he was exercising his right to remain silent, says Justice Goodman.

Alex Pierson ‏@AlexpiersonAMP 1m1 minute ago
Judge refers to Walther PPK. Smich agreed on stand it was used to kill #timbosma.it's unchallenged and can be used against both.

 

[ILoveDateline]

Susan Clairmont ‏@susanclairmont 14s14 seconds ago
...if other evidence that makes you believe guilt beyond a reasonable doubt, then you must find him guilty.

Susan Clairmont ‏@susanclairmont 15s
If you believe evidence of accused saying he is not guilty, you must find him not guilty. If you don't believe that evidence, but there...

Susan Clairmont ‏@susanclairmont 1m
Applying reasonable doubt to evidence of the accused.

 

[Kamille]

It is not necessary for the jury to totally accept innocence for them to not believe the Crown's case beyond a reasonable doubt, Goodman says.
by Adam Carter 11:48 AM

Goodman tells the jury that an accused who testifies is "just like any other witness," and the jury has to decide what they believe.
by Adam Carter 11:50 AM

 

[Kamille]

"Use your good common sense," Goodman says.
by Adam Carter 11:51 AM

 

[JuneBug67]

That is the way I see it. Since MS was only telling his story, and his testimony is not evidence, TD did not use the opportunity to corroborate his story with actual witness testimony. Ex. BD being in on the DM, MS conversation. BD testified that he only let DM in the building, which is evidence, direct evidence.

I understand that it would make this trial run on and on if they started calling back witnesses, but TD should have jumped on this when BD was on the stand. Unless he did not know MS's story at the time.

MOO

There's also the issue of a good lawyer never asking a question when he doesn't know what the answer will be. If, hypothetically, Dungey believed BD might garble or slant the observed conversation, he would be unwise to draw that out. He's there to serve his client's best interests and he may not have thought that BD's hazy recollections were that.

 

[ILoveDateline]

Adam Carter ‏@AdamCarterCBC 16s17 seconds ago
"Use your good common sense," Goodman says. #TImBosma #Bosma

Colin Butler ‏@ColinButlerCBC 46s47 seconds ago
"None of the accused was forced to testify," Goodman says, reminding the jury that not testifying is not evidence. #TimBosma

molly hayes ‏@mollyhayes 49s50 seconds ago
An accused person does not have to testify, he stresses. If they do they are to be assessed/considered "just like any other witness." #Bosma

Susan Clairmont ‏@susanclairmont 54s55 seconds ago
A person who is charged with a crime who is testifying can, should be considered like all witnesses. Accept, all, none, some of testimony.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Like any witness, jurors have to decide how much they believe of Smich testimony. #TimBosma

Adam Carter ‏@AdamCarterCBC 1m1 minute ago
Goodman tells the jury that an accused who testifies is "just like any other witness," and the jury has to decide what they believe. #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Prior inconsistent statements of the accused. Namely Smich, because he elected to testify. #Bosma

Adam Carter ‏@AdamCarterCBC 2m2 minutes ago
It's not necessary for the jury to totally accept innocence for them to not buy the Crown's case beyond a reasonable doubt, he says. #Bosma

Alex Pierson ‏@AlexpiersonAMP 3m3 minutes ago
Judge' as a person charged w an offence, MS has an absolute right to remain silent after his arrest." Can't be used against him. @AM900CHML