The Incinerator

[SnooperDuper]

Possibly DM had previously met his farmland neighbours. Did DM plan on selling the incinerator and spoke to neighbours about it and they took a picture for a potential buyer? A picture to e-mail to someone who lived a distance away? After all, it's not a common product which you can pick up just anywhere. Just a thought.

IMO I wouldn't necessarily say the neighbours were being nosy, but moreso typical of those who live in the country and watch out for their neighbours. I am thinking once that farmland was sold, neighbours became aware of this and anticipated the future use of the property, waiting and wondering what the purchaser was going to do with the land and monitored any activities going on there.

The guy that took the picture said he did it so he could look up what it was on the internet. The reference is in this thread back a bit.

 

[Pink Panther]

Yes but do they usually venture onto peoples private property to do it.... I wonder... It is MOO that they were snooping....

If you're right, well SHAME on them!

 

[Blomquist]

Possibly DM had previously met his farmland neighbours. Did DM plan on selling the incinerator and spoke to neighbours about it and they took a picture for a potential buyer? A picture to e-mail to someone who lived a distance away? After all, it's not a common product which you can pick up just anywhere. Just a thought.

IMO I wouldn't necessarily say the neighbours were being nosy, but moreso typical of those who live in the country and watch out for their neighbours. I am thinking once that farmland was sold, neighbours became aware of this and anticipated the future use of the property, waiting and wondering what the purchaser was going to do with the land and monitored any activities going on there.

Thank you for your courteous reply... I guess anything is possible.

(I have to say that your avatar pic always reminds me of going to Woodstock for Tori's vigil..... a very beautiful child she was..... RIP Tori)

 

[Snoofo]

Thank you for your courteous reply... I guess anything is possible.

(I have to say that your avatar pic always reminds me of going to Woodstock for Tori's vigil..... a very beautiful child she was..... RIP Tori)

Totally off topic but I always stop to take a good look at little Tori in Swedie's avatar. She will not be forgotten.

 

[Alethea Dice]

Actually LE may have been on the farm on the 10th:

A man coming to check on a plane at a private airstrip across the road said he was told police had been at the farm property over the weekend, possibly as early as Friday.

http://www.therecord.com/sports-story/3242933-tim-bosma-police-search-focused-in-waterloo-region/

LE could have discovered TB on that same Friday...but perhaps LE needed time to do some formal identification. De Caire announced TB's death at a 10 am press conference Tues May 14.

Yes, and Friday is also the day they say they took the picture. So they take the picture, call LE, LE goes to the farm and guards it while they wait for the search warrant to come in, and on Monday they start the search.

From your link:

On Monday, Hamilton Police were busy searching two locations in the region...

JMO

 

[swedie]

Another thought. Maybe someone the neighbour knew had their incinerator stolen and this neighbour knew DM had one sitting on his property, took a picture to show the person with the stolen incinerator. I myself believe it's a good thing to have nosy neighbours. How many crimes have been solved by nosy neighbours? IMO very many. And to consider, what was so nosy about watching property which seemed to lack activity? This makes me think of the RWilliams case. A local trucker familar with Jessica L's property noticed an SUV parked in the field of her property late the night she went missing. With this trucker's tip LE were able to gain a clue into JL's disappearance. JMO

 

[swedie]

Anything is possible. For all we know, there could have been decomposing pigs in the barn and DM bought the incinerator to burn the remains. Maybe he was in a serious relationship at the time of purchase and was planning on building a house on the property. The relationship went bad and DM lost his ambition or put the development on hold. Maybe DM's tattoo is an overstatement. Could people in his life, thorough out his life, tell him he lacked ambition. To me, from what we've read, it seems more fitting. Until the trial, I don't think we will learn the truth behind so many questions or suspicions. MOO

The Sniders raised hogs on the hilly farm that has a swampy section and a forested area. Police said farm animals were not present at the time of the search.

http://news.nationalpost.com/2013/0...micide-unit-searches-tim-bosma-suspects-farm/

In May 2011, Dellen Millard bought the farm without conditions, a cash sale. It was listed for $899,000 and he purchased it for $835,000 from an older man who had raised livestock in the barn.

http://metronews.ca/news/kitchener/674559/dellen-millards-hangar-from-jetliners-to-police-tape/

 

[Alethea Dice]

Thanks Alethea...

I believe he only bought the place in 2011 (July ?)... why on earth would they be expecting an instant overhaul of a barn ? I have known farmers who havent done anything to their barns for years.... many have a dozen or more cats living in them. So for neighbours to say a barn is being neglected when the owner is relatively new seems very odd to me.

Rented to a pig farmer down the road??? I wish there was more about this nugget of information. JMO

I found the article about the rented acres.

Kavanagh says 76 acres of the farm are leased out to a farmer who has planted crops. The rest of the land is mostly wooded.

http://www.thespec.com/news-story/3240835-toronto-police-search-millard-farm-with-special-radar-equipment/

So maybe that first reporter confused the renter with the previous owner?? As per Swedie's post above, the previous owners were the ones that raised the pigs.

JMO

 

[swedie]

Everyone connected to this case is very tight lipped. Although neighbours say they had never seen animals on the property, there obviously was at one time according to the previous owners. Were these new neighbours or did the previous owners stop raising pigs years many ago? As I mentioned in a previous post, who's to say there were not caresses in the barn... JMO.

Two reporters, Jill Mahoney and Kathryn Blaze Carlson, join Hannah Sung to discuss their work reporting on two suspects charged with the first-degree murder of Tim Bosma
http://www.theglobeandmail.com/news...obeandmailnewsbosmaupdatemp4/article12772851/

 

[Sillybilly]

What I meant was if the owners of the phone that took the photo were illegally trespassing, are photos they took illegally admissible?

Sorry, just catching up here tonite ...

The police didn't do anything wrong or come by the evidence through any illegal fashion. Ask yourself this question:

If a thief steals a vehicle and the police seize that stolen vehicle, did the police do something wrong that prevents that vehicle being used as evidence?

On another note, wrt the extra ashes that are being referred to, I have a very vivid recollection of standing in front of my TV when I first heard that news. The phrase really stuck in my mind as "more than we would expect from one individual (or person)". I recall it was stated by LE, and I believe it was edited out of the video, possibly with the media working in conjunction with LE in that regard.

JMO

 

[Blomquist]

I found the article about the rented acres.



http://www.thespec.com/news-story/3240835-toronto-police-search-millard-farm-with-special-radar-equipment/

So maybe that first reporter confused the renter with the previous owner?? As per Swedie's post above, the previous owners were the ones that raised the pigs.

JMO

Thanks...so if crops were planted then I guess the matter of trespassing now stands. I believe the Trespass Act referred to crops as well as lawns...

So the only way that the neighbours were not trespassing is IF they are the crop growers/renters . JMO

 

[Pink Panther]

Thanks...so if crops were planted then I guess the matter of trespassing now stands. I believe the Trespass Act referred to crops as well as lawns...

So the only way that the neighbours were not trespassing is IF they are the crop growers/renters . JMO

So...If they "trespassed" and took a photo that actually led to his conviction, you'd still be more hung up on the fact that they trespassed than on what they found?

bleh.

ETA - moo

 

[Blomquist]

deleting...wrong post

 

[Sillybilly]

Thanks...so if crops were planted then I guess the matter of trespassing now stands. I believe the Trespass Act referred to crops as well as lawns...

So the only way that the neighbours were not trespassing is IF they are the crop growers/renters . JMO

The evidence was not obtained illegally by the police. If the defence wishes to make it an issue, the learned judge will simply determine if the "probative value" of the evidence outweighs the "prejudicial effect" to the defendant.

Here's a wiki primer on the subject:

http://en.wikibooks.org/wiki/Canadian_Criminal_Evidence/Acceptance_of_Evidence#Probative_value

 

[Archangel7]

I've leased thousand of acres of land of all kinds, treed, fields, cultivated etc. As the person holding the lease I had total control over the access, not the owner. The only stipulation I have ever seen was a no sublease clause without owner's prior signed consent.

Even leasing school board land, I controlled access or not at my choosing.

If there is a signed lease of DM's property to another, there should be a record of that lease recorded in the land data records.

So it's reasonable to believe if someone leased it, planted it and told the neighbors to keep an eye on it, the're not trespassing.
It might even be an advantage to DM if there was much outside traffic on the farm.
MOO

 

[Blomquist]

The evidence was not obtained illegally by the police. If the defence wishes to make it an issue, the learned judge will simply determine if the "probative value" of the evidence outweighs the "prejudicial effect" to the defendant.

Here's a wiki primer on the subject:

http://en.wikibooks.org/wiki/Canadian_Criminal_Evidence/Acceptance_of_Evidence#Probative_value

We don't really know what the pre siding judge will do ... they have a lot of leeway these days ;-)

 

[FastLikeLight]

An interesting discussion about the picture. Though, imo, the neighbor could be a witness during the trial to say that the incinerator was on that spot on that day, and the picture would be just a reminder for him, not a true evidence :fence:

 

[Snoofo]

If there is a signed lease of DM's property to another, there should be a record of that lease recorded in the land data records.

MOO

Not necessarily so. There could be a record if either lessor or lessee chose to register notice of the lease on title, but saying there should be is a stretch, unless it was a long-term lease and even then just because it should be registered doesn't mean it would be registered. Shoulda-coulda-woulda.

 

[Archangel7]

Not necessarily so. There could be a record if either lessor or lessee chose to register notice of the lease on title, but saying there should be is a stretch, unless it was a long-term lease and even then just because it should be registered doesn't mean it would be registered. Shoulda-coulda-woulda.

Anything is possible.

However, surely a reasonable business person would't pay several hundred dollars an acre to lease the land, thousands more in fuel and seed only to be left holding the bag because he didn't record the lease against the TITLE? That would result in the farmer losing his crop if the owner sold the land. Not many farmers will risk that.

 

[Blomquist]

Not necessarily so. There could be a record if either lessor or lessee chose to register notice of the lease on title, but saying there should be is a stretch, unless it was a long-term lease and even then just because it should be registered doesn't mean it would be registered. Shoulda-coulda-woulda.

I agree, and the term of the lease is neither here nor there IMO....a contract is a contract is a contract.

And of course, it is not necessary to register a lease. So long as you have the contract signed and sealed and possibly notarized it is a done deal. If someone reneged on the lease then the other party could take them to court and get a judgement.... as well as have them and their goods removed from the land. JMO MOO