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

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  • #61
If the jury finds either one or both Millard or Smich wasn't the principal shooter, they'll have to move on to the aider and abettor section.
by Adam Carter 10:51 AM

Now a 20 minute recess.
by Adam Carter 10:53 AM
 
  • #62
Susan Clairmont ‏@susanclairmont · 1m1 minute ago
Judge says jury has "extensive evidence" of what the accused are alleged to have done after the killing. #Bosma

Susan Clairmont ‏@susanclairmont · 18s18 seconds ago
"There is no evidence a firearm was discharged accidentally," says Justice Goodman. Were Millard and Smich inside truck for murder?

Susan Clairmont ‏@susanclairmont · 45s45 seconds ago
If the accused did not pull the trigger to kill Bosma, they may still be an aider and abetter, says judge...Now a 20 minute break. #Bosma
 
  • #63
Wow is this ever complex. I don't know, but I am seeing so many ways these two could get free of M1 :( It makes me nervous.
 
  • #64
@trial today. On break.

Before jury brought in, DM looked over left shoulder, head down eyes up, (with half smile), looked at media and reserved seating.

MS - neatly combed hair, yellow dress shirt. Sitting straight up, looks at judge or jury.

DM in blueish-grey and black plaid shirt, collar partly up. Head down and writing for the most part until judge got to 4 part decision tree
 
  • #65
@trial today. On break.

Before jury brought in, DM looked over left shoulder, head down eyes up, (with half smile), looked at media and reserved seating.

MS - neatly combed hair, yellow dress shirt. Sitting straight up, looks at judge or jury.

DM in blueish-grey and black plaid shirt, collar partly up. Head down and writing for the most part until judge got to 4 part decision tree

So glad you are there Lexi ... Thank you for taking the time to fill us in [emoji4]


Sent from my iPad using Tapatalk
 
  • #66
Wow is this ever complex. I don't know, but I am seeing so many ways these two could get free of M1 :( It makes me nervous.

Don't panic, M1 for DM for sure. There is undisputed evidence that DM and only DM purchased, owned and had sole possession of the murder weapon and an eliminator. Regardless of what actually happened or the intent unless proven otherwise beyond a reasonable doubt it is M1 for him. What is in dispute is the knowledge of MS and whether he was an abettor or not, again, beyond a reasonable doubt???
 
  • #67
@trial today. On break.

Before jury brought in, DM looked over left shoulder, head down eyes up, (with half smile), looked at media and reserved seating.

MS - neatly combed hair, yellow dress shirt. Sitting straight up, looks at judge or jury.

DM in blueish-grey and black plaid shirt, collar partly up. Head down and writing for the most part until judge got to 4 part decision tree

bbm

Wonder if he/DM was expecting supporters today or maybe there are some, we just don't know. Maybe his mom hired some to make him feel better!

Hopefully the verdict will wipe the half-smile off his face!
 
  • #68
I cannot even begin to imagine how the Bosmas are feeling as we wind down to Jury deliberations. I hope they take some comfort in knowing Tim's spirit is watching over them. Along with the prayers and thoughts of so many of the public.

I am thinking of the jury as well, they must be anxious and nervous as they are about to carry this weight on their shoulders into the Jury room. May they be guided and supported and have the strength to shuffle thorough the tremendous amount of information and evidence as they come to their decisions. May they come to the right, just choices.

I am nervous for all, there is much to consider and it all seems very complicated per the judges charge. I predict the jury will come back Thursday afternoon or Friday morning with a verdict. 1st for DM and 2nd or Manslaughter for MS. Either way I do not believe either accused will walk away a free man for a very long time, if ever.
 
  • #69
Court now back in session.
by Adam Carter 11:16 AM

We're now going back to Goodman's decision tree. He says it's not always criminal to cause someone's death, but it is within an unlawful act.
by Adam Carter 11:17 AM

Goodman says there is no dispute an unlawful act took place here.
by Adam Carter 11:18 AM
 
  • #70
Goodman says that it's conceded that the unlawful act here is objectively dangerous.
by Adam Carter 11:19 AM

According to the decision tree, if Millard/Smich had the state of mind required for murder, and meant to cause his death or meant to cause Bosma bodily harm and was reckless about killing him or not, that escalated the verdict from manslaughter to 2nd degree murder.
by Adam Carter 11:22 AM

If the murder was planned and deliberate, then the verdict is escalated to first degree murder.
by Adam Carter 11:23 AM
 
  • #71
"We cannot look directly inside the mind of another person to know what his intentions were at any given time," Goodman says. That's why the jury has to look at the surrounding circumstances. "You will have to use your common sense to infer from all the evidence what the accused intended."
by Adam Carter 11:26 AM

Goodman says the state of mind must be assessed "at the time" of the unlawful act. Goodman says there's no evidence they were suffering from a mental disorder, were intoxicated, or under duress.
by Adam Carter 11:29 AM

He also points out that Millard/Smich's state of mind may or may not have changed at some point on May 6. The jury will have to figure out if one or both had the state of mind for murder at the time.
by Adam Carter 11:30 AM
 
  • #72
Susan Clairmont ‏@susanclairmont · 12m12 minutes ago
Continuing on now with Justice Goodman going through his 4 decision trees with the jurors. #Bosma

Susan Clairmont ‏@susanclairmont · 12m12 minutes ago
It's not always a crime to cause someone's death. For instance, you can be driving down the road and someone steps in front of your vehicle.

Susan Clairmont ‏@susanclairmont · 7m7 minutes ago
The trees are difficult to tweet about. Makes more sense if you can see them to follow along. #Bosma

Susan Clairmont ‏@susanclairmont · 5m5 minutes ago
Judge says "circumstantial evidence" can play a key role in determining if accused intended to cause death of the victim.
 
  • #73
Jun 13 2016 11:29 AM
Goodman says the state of mind must be assessed "at the time" of the unlawful act. Goodman says there's no evidence they were suffering from a mental disorder, were intoxicated, or under duress.


Guess that answers that question about DM. He must have really had the psychiatrist fooled! Been in the system long enough with my family member to know how smart they are and how well they are at fooling the doc.
 
  • #74
  • #75
Goodman says the jury can reasonably conclude Millard was driving, Bosma was the front passenger, Smich was the back passenger.
by Adam Carter 11:31 AM

Goodman says the Crown is urging the jury to reject Smich's evidence.
by Adam Carter 11:32 AM

Goodman is now pointing to all the reasons why the Crown believes Bosma's murder was planned and deliberate.
by Adam Carter 11:34 AM
 
  • #76
Does this mean MS will most likely be found an aider and abettor

I feel sick.

If the jury finds either one or both Millard or Smich wasn't the principal shooter, they'll have to move on to the aider and abettor section.
by Adam Carter 10:51 AM

Now a 20 minute recess.
by Adam Carter 10:53 AM
 
  • #77
Does this mean MS will most likely be found an aider and abettor

I feel sick.

If they can't decide who pulled the trigger, both would be considered aider and abettor.
 
  • #78
I am correcting what I posted earlier ...Judge Goodman may send the Jury Away today ...I just did a google search and headlines say " Judge Goodman may request the JURY GO away Today.. Monday June 13 2016.....I will try and copy link from the papers...or you can search google and see the same article ..I typed in "When will Judge Goodman request the Jury to reach a verdict in the Tim Bosma Murder trial "...Link copy shortcut...UGh will not COPY....sorry Robynhood:thinking:
 
  • #79
Susan Clairmont ‏@susanclairmont · 1m1 minute ago
Judge says there is no evidence accused were intoxicated by drugs/alcohol, mentally unwell or under duress at time of murder.

Susan Clairmont ‏@susanclairmont · 32s32 seconds ago
Crown argued both accused had state of mind for murder. #Bosma

Susan Clairmont ‏@susanclairmont · 37s37 seconds ago
The decision trees are not being made exhibits, therefore the media cannot publish them. #Bosma


Would've been interested to see the decision trees IMO
 
  • #80
Tweeters are asking SC questions on twitter but I'm not posting them here
Are they called tweeters? lol
 
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