Bosma Murder Trial 06.13.16 - Day 60 - Charge to jury - Day 2

[Georgeo]

The judge's charge is a game changer. Taking confinement out of the picture is a bizarre move, after the opening statement by crown. I sincerely hope this doesn't cause the jury to find one of them guilty of a lesser charge.
MOO

 

[canadiangirl]

Susan Clairmont ‏@susanclairmont · 1m1 minute ago
Goodman has prepared 4 decision trees for the jury. Being handed out now to jury. #Bosma

Susan Clairmont ‏@susanclairmont · 11s11 seconds ago
Decision trees relates to whether accused if culpable of 1st degree murder or any included offence.

Susan Clairmont ‏@susanclairmont · now
Series of questions with "rectangles &arrows." Spectators cannot see the decision trees.

 

[meterclicks]

The jury is being given copies of those trees.
by Adam Carter 10:27 AM

The decision trees follow a question and answer format.
by Adam Carter 10:28 AM

"Each question has to do with an essential element of the charged offence," Goodman says. The jury has 4 options: 1st degree murder, 2nd degree murder, manslaughter, or not guilty.
by Adam Carter 10:29 AM

 

[canadiangirl]

The judge's charge is a game changer. Taking confinement out of the picture is a bizarre move, after the opening statement by crown. I sincerely hope this doesn't cause the jury to find one of them guilty of a lesser charge.
MOO

It was already addressed by MSM why this was done - the judge can remove a charge if there is not enough evidence to support - please refer to Adrian Humphrey's tweet from June 11 IIRC

 

[mozzagirl]

Wow! We have obviously MISSED lots or the Judge is confused.
I'm still reading CN'S trial testimony and still nothing about animals. Just burning and for DM'S Aviation company he wanted to start.
Now MS helped clean the incinerator out on May 7th? I don't recall that either.

Just found where they asked her if she knew about the pet cremation business and she denied any knowledge of it.

So I think the judge is wrong in mentioning she said that.

Is that the kind of thing that could lead to an appeal?

 

[canadiangirl]

Susan Clairmont ‏@susanclairmont · 1m1 minute ago
Only 4 verdicts available to jury: 1st degree murder; 2nd degree murder; manslaughter; not guilty. #Bosma

Susan Clairmont ‏@susanclairmont · 39s39 seconds ago
Justice Goodman says his instructions take precedence over decision tree if there is any discrepancy.

Susan Clairmont ‏@susanclairmont · now
"You are the exclusive judges of the facts in this case," Justice Goodman says. #Bosma

 

[meterclicks]

"I intend to use the decision trees as a guide in my instructions," Goodman says.
by Adam Carter 10:30 AM

"You are the exclusive judges of the facts in this case," Goodman says.
by Adam Carter 10:31 AM

Goodman moving to the eighth part of his charge -- participation as a principle offender.
by Adam Carter 10:32 AM

 

[canadiangirl]

Just found where they asked her if she knew about the pet cremation business and she denied any knowledge of it.

So I think the judge is wrong in mentioning she said that.

Is that the kind of thing that could lead to an appeal?

I don't think so because Goodman said at the beginning he may make some mistakes and the jury is to rely on their own memory

 

[meterclicks]

"A non shooter may be a party to the offence as an aider or abettor," Goodman says. There are different decision trees for each.
by Adam Carter 10:33 AM

So we're clear, the "principle" here would be the shooter.
by Adam Carter 10:33 AM

Goodman is starting with manslaughter, and talking about how that charge applies if a person didn't intend to kill Bosma.
by Adam Carter 10:34 AM

 

[canadiangirl]

Susan Clairmont ‏@susanclairmont · 30s30 seconds ago
Now hearing about "principle offender." Each accused must be considered individually. One person may be shooter, the other a non-shooter.

Susan Clairmont ‏@susanclairmont · 6s6 seconds ago
The non-shooter can be an aider and abetter.

Susan Clairmont ‏@susanclairmont · 6s6 seconds ago
Are you satisfied beyond a reasonable doubt that the accused under consideration caused the death of Timothy Bosma?

Susan Clairmont ‏@susanclairmont · 47s47 seconds ago
Manslaughter — Did accuse cause death of deceased? By an unlawful act that was objectively dangerous?

Susan Clairmont ‏@susanclairmont · 23s23 seconds ago
If yes, go on to next question. If no, was this person an aider or abetter?

Susan Clairmont ‏@susanclairmont · 3s3 seconds ago
There is no medical cause of death in this case, says judge. Not disputed that remains found in Eliminator were that of #Bosma.

 

[meterclicks]

"Your duty is to consider all of the evidence, not just the parts that I referenced," Goodman says.
by Adam Carter 10:35 AM

"In this case, we do not have a medical cause of death," Goodman says. "It is not disputed that the remains found in the Eliminator were that of Bosma."
by Adam Carter 10:36 AM

Goodman pointing out that a "bloodletting event" happened to the front and right of the glove box in the truck, and that there was GSR in the truck.
by Adam Carter 10:37 AM

 

[meterclicks]

"We do not have the actual firearm or weapon that was used to cause Bosma's death," Goodman says.
by Adam Carter 10:37 AM

Goodman says the jury can find that the Walther PPK was the murder weapon. "We do not know the actual position of the shooter and the deceased when the killing occurred." He does say through expert testimony it's safe to say Bosma was shot in the truck.
by Adam Carter 10:39 AM

He says that the amount of times the Bosma truck passed by Supersucker on video is "still at issue."
by Adam Carter 10:40 AM

 

[canadiangirl]

Susan Clairmont ‏@susanclairmont · 45s45 seconds ago
He reminds jury of GSW and blood in truck. #Bosma

Susan Clairmont ‏@susanclairmont · 38s38 seconds ago
Smich's testimony is "unchallenged" that Walther PPK seen in photos is the murder weapon.

Susan Clairmont ‏@susanclairmont · 13s13 seconds ago
No reliable evidence about position of shooter in truck, says Goodman. But "it may be safe to conclude" the gun was shot somewhere in truck.

Susan Clairmont ‏@susanclairmont · 1m1 minute ago
Smich adopted evidence of forensic video expert Michael Plaxton about pick-up truck being followed by Yukon. #Bosma

Susan Clairmont ‏@susanclairmont · 11s11 seconds ago
Smich agrees there was a plan to test drive and steal a Dodge 3500 pick-up...Does evidence support killing in Bullmann field?

 

[meterclicks]

Smich testified that there was a bullet hole in the window -- Goodman points out when the truck was found, the window was smashed.
by Adam Carter 10:42 AM

Goodman also points out there was no evidence of a shooting in the field near Bosma's home, nor in Millard's Yukon.
by Adam Carter 10:42 AM

"Millard's suggestion is Smich committed a robbery that did not turn out well," Goodman says. He says this evidence can't be used to support the Crown's case about Smich.
by Adam Carter 10:44 AM

 

[canadiangirl]

Susan Clairmont ‏@susanclairmont · 1m1 minute ago
Did anyone hear gun shot? Was there any forensic evidence found in field? Any blood, DNA, GSR, in Yukon?

Susan Clairmont ‏@susanclairmont · 2m2 minutes ago
Millard suggests in letters to Noudga that Smich committed robbery that ended in death. Can only use letters against Millard, not Smich.

Susan Clairmont ‏@susanclairmont · 48s48 seconds ago
Questions by lawyers and their scenarios are not evidence, Goodman reminds jury again.

 

[MrsThreadgoode]

Just found where they asked her if she knew about the pet cremation business and she denied any knowledge of it.

So I think the judge is wrong in mentioning she said that.

Is that the kind of thing that could lead to an appeal?

I don't think that this would be an element for appeal. The judge said, paraphrasing, that he might make mistakes recalling what witnesses said during their testimony, and that the jury is to use their own memories to rely upon, not his.

Also, if during the judge's charge any of the lawyers see a problem with anything that is said by the judge, I believe that after the judge's charge the lawyers can address their concerns with the judge, out of the presence of the jury, and if the judge feels that a good argument has been made by any of the lawyers, he will call the jury back in and address necessary changes to his initial charge.

MOO


Sent from my iPad using Tapatalk

 

[Georgeo]

Wow! We have obviously MISSED lots or the Judge is confused.
I'm still reading CN'S trial testimony and still nothing about animals. Just burning and for DM'S Aviation company he wanted to start.
Now MS helped clean the incinerator out on May 7th? I don't recall that either.

This is not what was testified earlier in trial! Where is judge getting this information? Not impressed so far with judge's charge.

 

[meterclicks]

Goodman tells the jury to look at Smich's testimony "with care," where it supports the Crown's case against Millard.
by Adam Carter 10:44 AM

Goodman again tells the jury that the lawyer's suggestions are "not evidence."
by Adam Carter 10:45 AM

Goodman now addressing the timestamp issue on the Supersucker video. The Crown says the video was 3 hours off. Millard's lawyers disagree.
by Adam Carter 10:47 AM

 

[canadiangirl]

Susan Clairmont ‏@susanclairmont · 21s21 seconds ago
Smich does not have exact recall of timing of events on night of May 6. Judge outlining several possible timelines for the murder.

Susan Clairmont ‏@susanclairmont · 20s20 seconds ago
Smich ramrod straight in his chair, looking at judge. Millard taking notes.

Why is Millard constantly taking notes and Smich rarely does it seems? What do you all take their body language to mean?

 

[meterclicks]

"Smich testified that the Walther PPK is the weapon used to kill Bosma."
by Adam Carter 10:48 AM

Goodman says there is "no evidence that a firearm was discharged accidentally."
by Adam Carter 10:49 AM

Goodman says the jury will have to decide whether or not Millard and Smich were both in the truck, and if that contributes to their verdict.
by Adam Carter 10:50 AM