Bosma Murder Trial 06.10.16 - Day 59 - Charge to jury

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Just because an expert is qualified doesn't mean the jury has to believe their testimony, judge says.

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Do not have to accept the opinion of experts. Decide how much or how little to rely on their opinion. #Bosma

molly hayes ‏@mollyhayes 1m1 minute ago
Goodman says gun photos were analyzed by a gun expert, who could not say with certainty that the guns are 'real.'

molly hayes ‏@mollyhayes 1m1 minute ago
But he says it is not disputed that it was the Walther PPK seen in photos that was used to fire the shell casing found in #Bosma truck.

Susan Clairmont ‏@susanclairmont 52s53 seconds ago
Don't consider expert opinion in isolation. "Use your common sense and experience," says Goodman.

 

[Kamille]

Goodman is now turning to motive. "It is not one of the essential elements Crown counsel must prove."
by Adam Carter 2:00 PM

That said, motive may help the jury decide the case, he says.
by Adam Carter 2:01 PM

 

[Kamille]

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Now motive. "It is not one of the essential elements the Crown must prove."

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Motive is the reason why somebody does something. Crown doesn't have to prove it. It's just part of the evidence, judge says.

molly hayes ‏@mollyhayes 57s57 seconds ago
Goodman tells the jury not to consider expert opinions in isolation, but along with rest of evidence. "As always, use common sense." #Bosma

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"Evidence of motive or absence of motive might help you decide this case," says Goodman.

molly hayes ‏@mollyhayes 2m2 minutes ago
Motive is not something the Crown has to prove, Goodman says. #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
But evidence of a motive may help jury decide case. #Bosma

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
Goodman says motive or an absence of motive may help them weigh the evidence. "Absence of a proven motive is something for you to consider"

molly hayes ‏@mollyhayes 2m2 minutes ago
But evidence of (or absence of) motive can be an important factor for jury in their deliberations, he says. #Bosma

Colin Butler ‏@ColinButlerCBC 36s36 seconds ago
The Crown's noted it wasn't obliged to prove motive in its closing address, but it also never presented anything concrete. #TimBosma

molly hayes ‏@mollyhayes 36s36 seconds ago
Goodman stresses it's important to differentiate between evidence of intent and evidence of motive. They are not the same. #Bosma

Lisa Hepfner ‏@HefCHCHNews 55s55 seconds ago
Evidence of intent is not the same as evidence of motive. I intend to buy a sandwich. Motive - I'm hungry, judge says. #Bosma

 

[Kamille]

Intent is not the same as motive, Goodman says. Intent is state of mind and purposefulness of actions. Motive is the reason why.
by Adam Carter 2:03 PM

The Crown says Bosma was killed for his truck.
by Adam Carter 2:03 PM

The Crown says it's not a rational motive, but that's what happened.
by Adam Carter 2:04 PM

Smich and Millard's lawyers argue that there was no motive to kill.
by Adam Carter 2:04 PM

 

[Kamille]

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Evidence of motive falls on a spectrum, says judge. Intent and motive are different.

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
Murdering someone for a pickup truck is not a good reason, but it is a reason, judge says. Lots of evidence they wanted >yr to steal one

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Intent is state of mind and purposefulness of actions. Motive is why doing it.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Smich and Millard take an entirely contrary position, judge says. Each says there is an absence of motive on their part. #Bosma

molly hayes ‏@mollyhayes 1m1 minute ago
There are different positions on motive. Crown says Millard wanted a pickup truck--"it's not a rational reason, but it's a reason." #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
"Using someone for a used pick-up truck is not a good reason to murder someone, but it is a reason," says Goodman.

molly hayes ‏@mollyhayes 1m1 minute ago
Millard and Smich's defence teams take entirely different positions. #Bosma

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
The incinerator and trailer cost $1,000 less than #TimBosma truck. No evidence of a financial motive for the crime.

molly hayes ‏@mollyhayes 1m1 minute ago
Millard's lawyers said he could've easily afforded a truck. #Bosma

Lisa Hepfner ‏@HefCHCHNews 43s44 seconds ago
A proven motive to steal a truck is distinct from a proven motive to kill, judge says. #Bosma

 

[Kamille]

Goodman says Millard's defence pointed out that it doesn't make sense for Millard to spend as much on the Eliminator as Bosma's truck would have cost.
by Adam Carter 2:05 PM

"It's up for you to decide what weight, if any, you give to a motive or a lack of motive."
by Adam Carter 2:06 PM

We're now going to after the fact conduct -- we've heard a ton about that. This includes covering up what happened.
by Adam Carter 2:06 PM

This is circumstantial evidence, Goodman says.
by Adam Carter 2:07 PM

 

[Kamille]

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
"Distinction between proven motive to steal a truck and proven motive to kill." — Justice Goodman

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
After the fact conduct can help a jury decide, judge says. There is a lot in this case. It is circumstantial evidence. #Bosma

Susan Clairmont ‏@susanclairmont 53s54 seconds ago
After the fact conduct is circumstantial evidence you may take into count along with all evidence in this case.

Susan Clairmont ‏@susanclairmont 1m1 minute ago
"Knowing and intentionally participated in a charged offence."

Lisa Hepfner ‏@HefCHCHNews 56s56 seconds ago
What a person said and did after an offense could be consistent with what you'd expect from someone who committed a crime. #Bosma

molly hayes ‏@mollyhayes 55s55 seconds ago
Goodman says it's important to remember that there is a difference between a motive to steal and a motive to kill. #Bosma

Lisa Hepfner ‏@HefCHCHNews 9s10 seconds ago
Attempts to tamper with witnesses, destruction of evidence, and flight from police can all be considered by jury. #Bosma

 

[Kamille]

Susan Clairmont ‏@susanclairmont 42s43 seconds ago
Flight from scene of a murder, tampering with witness testimony or destruction of evidence...

Colin Butler ‏@ColinButlerCBC 33s34 seconds ago
"You should be very judicious about arriving to any conclusions based on conduct after #TimBosma's death," Goodman says.

Susan Clairmont ‏@susanclairmont 23s24 seconds ago
...does not make it more likely the accused had requisite state of mind for murder, as opposed to manslaughter.

Susan Clairmont ‏@susanclairmont 17s18 seconds ago
Or, there can be perfectly innocent explanation for the behaviour.

 

[billandrew]

Yes. It's always been clear that there is a 10 minute problem in the timeline. Loop via Book is one thought, potentially supported by Bullman testimony. That assumes Smich misremembered the route they took, which is possible for a variety of reasons. The SS timestamp being out/additional sightings being Tim's truck is of course another significant and quite credible possibility. But, the fact remains that every permutation has a compromise of some kind.

Sorry for another long post...

If they did do a loop on Book Rd, and assuming MS's story is otherwise true, is it possible that that is where TB was shot by DM? I'll try not to speculate too much, but hear me out: With TB sitting in the passenger seat to offer directions, they should've had a general idea of where they were going, so it mustn't have been a mistake to drive down Book Rd originally. What prompted them to then turn around and loop back? Wouldn't it seem odd if DM said to TB, "Oh, we've driven down this road far enough, let's turn around and go back to Trinity and then drive north from there, maybe we'll take some back roads to Brantford." Whatever transpired, the scenario does raise an important question: how far did TB go before he realized something was up?

If TB was shot by DM along Book Rd, then MS's allusions to it happening in Brantford are wrong. At least, that's how I interpreted MS's story of the swerve on the road just before pulling over in front of Bobcat, the putting of the gun back in the satchel, the crazy look on DM's face, the remark "I'm taking this truck", etc. I sensed an air of recency in this evidence. I could be wrong, of course.

If TB was not shot in Ancaster, then how did DM single-handedly keep him confined in the truck all the way to Brantford -- did he hold a gun on him all the way along, while driving at the same time? If there was no confinement (i.e. no holding at gunpoint) and TB was totally complicit in going on a test drive to Brantford, wouldn't it reasonable for him to text his wife, "Hey babe I'm gonna drive to Brantford with these guys so I'm gonna be home a bit later. Don't worry though, they've got their own vehicle following behind so I'll just drive back home on my own." TB didn't even check FB or anything on his phone; it didn't ping off any towers until around 10pm.

Any of these scenarios are possible, but I do not believe any of them are likely. The 10 minute problem is significant and should not be dismissed. In my view there is only one scenario that fits the evidence within a strong probability, and that is where DM and MS took TB on a test drive, one or both of them shot him, and then they came back to get the Yukon. JMO.

 

[Kamille]

Goodman like all circumstantial evidence, after the fact conduct might tie into some issues and not others.
by Adam Carter 2:10 PM

The after the fact conduct includes moving the Eliminator, stripping the truck, etc.
by Adam Carter 2:10 PM

This also includes moving the gun in the toolbox, and the drugs.
by Adam Carter 2:13 PM

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
The movement of the #Bosma truck & retrieval of Eliminator can be used by jury as after-the-fact evidence.

molly hayes ‏@mollyhayes 2m2 minutes ago
Flight from a scene, destruction of evidence, tampering with witnesses are all relevant...

molly hayes ‏@mollyhayes 2m2 minutes ago
...but does not make it more likely that accused had "requisite state of mind for murder, over manslaughter." #Bosma

Lisa Hepfner ‏@HefCHCHNews 2m2 minutes ago
The destruction of evidence in the truck and moving the Eliminator back to the barn can be used as well, judge says. #Bosma

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
Goodman now going through a laundry list of post-offence evidence of the alleged coverup of the #TimBosma murder.

Lisa Hepfner ‏@HefCHCHNews 43s44 seconds ago
The state of the #TimBosma truck, the conversations about it can be used by the jury. Also the movement of the truck to Millard's mom's

molly hayes ‏@mollyhayes 34s35 seconds ago
Other after the fact conduct includes destruction of evidence, moving of the Eliminator, verbal explanations about the truck to others...

 

[Kamille]

The Noudga letters are probably the biggest example of post-offence conduct.
by Adam Carter 2:14 PM

 

[canadiangirl]

Did Plaxton admit missing it? I didn't recall it that way.

I recall him saying he noticed it but didn't include it in his report.

 

[Inspector_North]

The after the fact conduct includes moving the Eliminator, stripping the truck, etc.
by Adam Carter 2:10 PM

Burying the gun and not remembering what direction, how long of bike ride, etc.

MOO

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Activity around the backpack and the toolbox can be used by the jury. Smich's admissions & his disposal of the gun too. #Bosma

molly hayes ‏@mollyhayes 1m1 minute ago
... michalski's evidence about smich's direction to him (re toolbox), smich's disagreement with that, cancelling of cellphone...

molly hayes ‏@mollyhayes 43s44 seconds ago
...millard's letters to noudga, smich's comments to his girlfriend upon arrest...

Susan Clairmont ‏@susanclairmont 37s38 seconds ago
After the fact evidence includes: movement of #Bosma truck; retrieval of Eliminator from barn; use of Eliminator at hangar;

Lisa Hepfner ‏@HefCHCHNews 58s59 seconds ago
Millard's and Smich's overall conduct and messages after the death of #TimBosma can be used by the jury.

Susan Clairmont ‏@susanclairmont 48s49 seconds ago
Smich cutting up carpet and cleaning Bosma truck; Eliminator moved back to barn; clean-up of Eliminator; celebration in Yukon;

Susan Clairmont ‏@susanclairmont 38s38 seconds ago
Smich testimony of removing and burning of truck seats; Millard and Noudga moving Eliminator from barn to woods;

Susan Clairmont ‏@susanclairmont 25s25 seconds ago
storage of Bosma truck in hangar; explanations by Millard and Smich about truck; moving Bosma truck from hangar to Millard's mom's home;

Lisa Hepfner ‏@HefCHCHNews 42s43 seconds ago
A guilty person might wish to clean up a crime scene to destroy evidence. But a person may find himself caught up i& motivated to clean

Susan Clairmont ‏@susanclairmont 38s38 seconds ago
texts about that move; Millard dropping off toolbox at Hagerman's; Smich wanting drugs and toolbox from house;

Susan Clairmont ‏@susanclairmont 23s23 seconds ago
retrieval of backpack and toolbox in stairwell by Arthur; backpack and toolbox moved to Smich's mom's;

Colin Butler ‏@ColinButlerCBC 40s40 seconds ago
Goodman notes somebody who didn't commit murder might not be as enthusiastic about cleaning a bloody truck as someone who did. #TimBosma

 

[Kamille]

"A person might find himself caught in circumstances where he cleaned up in the crime scene but had no culpability in a murder," Goodman says. They might also be acting as someone who had committed a crime would.
by Adam Carter 2:16 PM

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
An individual may be scared and panicked & still agree to participate in the destruction of evidence. So the jury should be cautious. #Bosma

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Smich admission to Meneses about Bosma being gone, gone; Smich hiding gun in mom's washing machine; Smich burning gun in forest;

molly hayes ‏@mollyhayes 1m1 minute ago
Goodman says it's possible someone could be "equally motivated" to clean up after a murder, even if not guilty of murder itself.

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Smich moving out of mom's home to Meneses' sister; Millard letters to Noudga about changing witnesses' testimony;

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
Smich statement to Meneses upon arrest...

Susan Clairmont ‏@susanclairmont 2m2 minutes ago
A person could partake in after the fact behaviour because they are afraid, says judge.

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Evidence of the purchase of an Eliminator can be used to surmise that the accused were planning a murder, judge says. #Bosma

Colin Butler ‏@ColinButlerCBC 1m1 minute ago
At the same time Goodman also says someone might find himself caught in circumstances where he cleaned up a crime scene but wasn't guilty.

molly hayes ‏@mollyhayes 1m1 minute ago
"A person might find himself caught up in circumstances where he helped clean up a crime scene....but had no culpability."

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Disposal of body, incineration, and other concealment, doesn't mean the person intended homicide, judge says.

Susan Clairmont ‏@susanclairmont 56s56 seconds ago
An accused's actions after shooting "on its own" cannot assist with jurors' decision.

 

[Kamille]

Goodman says the after the fact evidence "on its own" cannot assist in finding a person guilty.
by Adam Carter 2:18 PM

Goodman now talking about The Crown's assertion that Millard tried to fabricate events.
by Adam Carter 2:19 PM

 

[Kamille]

Susan Clairmont ‏@susanclairmont 1m1 minute ago
Disbelief of evidence does not mean it was fabricated, says Goodman. #Bosma

Lisa Hepfner ‏@HefCHCHNews 1m1 minute ago
Disbelief of a version of events is not the same as fabrication of evidence. If you don't believe the evidence, ignore it, judge says.

Lisa Hepfner ‏@HefCHCHNews 30s31 seconds ago
Fabrication is different. Jury might find Millard letters to Noudga contained several fabrications. The jury has to decide why. #Bosma

Susan Clairmont ‏@susanclairmont 44s45 seconds ago
Have to consider if Millard's statements are fabricated or false, in connection to his letters about witness tampering.

 

[Sillybilly]

Please do not post screenshots of MSM tweets that contain the social media identify of a non-MSM account holder. You may paraphrase the question, leaving out the account holder's identifying info, but no screenshots and no names other than that of the MSM reporter

:tyou: