Tim Bosma: Dellen Millard & Mark Smich chgd w/Murder; Christina Noudga, Accessory #3

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  • #341
Constitutionally, a defendant is given the presumption of innocence and the burden of proof is on the prosecution to prove that the defendant did what he or she is accused of, with the quantum of proof being beyond a reasonable doubt. Thus, what is at issue is not necessarily whether the defendant did what he or she has been accused of. The issue that criminal defense is more concerned with is whether the prosecution can prove the defendant did what he or she is accused of. If the prosecution cannot prove it, then the defendant is not guilty.

See more at: http://www.boothlegal.com/innocent-...ction-with-a-difference/#sthash.KVPIBt5O.dpuf

Put simply, “innocent” means you didn’t do something. “Not guilty” is a legal term that means there wasn’t enough evidence to convict.

You see it now, right? There are plenty of people who are found “not guilty” but are far from innocent.

O.J. was the perfect example.


http://www.columbian.com/news/2010/jul/17/not-guilty-versus-innocent-press-talk-brancaccio/

The difference being that OJ had a trial. These men have not even had a trial yet to prove their guilt or innocence. Until they have had their trial, they are still "legally innocent" regardless of one's opinion of guilt prior to trial. Also from your link:

Sometimes someone is actually guilty, but legally determined to be not guilty. And sometimes someone is actually not guilty but has been determined to be legally guilty. The system does not always work perfectly.

JMO
 
  • #342
It's not a misleading post at all ... it's very factual. Whether we like it or not, regardless of whether an accused is found Not Guilty, it is not a declaration of innocence. It simply means the Crown did not prove their case beyond a reasonable doubt.

This is how the learned judges describe it (in just one of many explanations):

http://www.thespec.com/news-story/2100229-acquittal-case-fuels-declaration-of-innocence-debate/



Obviously the judges agreed with the Crown in this regard:

from:
http://www.thestar.com/news/canada/2007/10/15/should_rulings_include_innocent.html



https://www.google.ca/?gws_rd=ssl#q="declaration+of+innocence"+canada

Canada's not a freak of nature about it .. it's the same in the US.

hth

Unfortunately, although this may serve to not tarnish the reputation of those who have simply benefited from the lack of proof beyond reasonable doubt, it does nothing to protect those who are found factually innocent.

JMO
 
  • #343
Constitutionally, a defendant is given the presumption of innocence and the burden of proof is on the prosecution to prove that the defendant did what he or she is accused of, with the quantum of proof being beyond a reasonable doubt. Thus, what is at issue is not necessarily whether the defendant did what he or she has been accused of. The issue that criminal defense is more concerned with is whether the prosecution can prove the defendant did what he or she is accused of. If the prosecution cannot prove it, then the defendant is not guilty.

See more at: http://www.boothlegal.com/innocent-...ction-with-a-difference/#sthash.KVPIBt5O.dpuf

Put simply, “innocent” means you didn’t do something. “Not guilty” is a legal term that means there wasn’t enough evidence to convict.

You see it now, right? There are plenty of people who are found “not guilty” but are far from innocent.

O.J. was the perfect example.


http://www.columbian.com/news/2010/jul/17/not-guilty-versus-innocent-press-talk-brancaccio/

Not meaning to be a buttinsky but, in the interest of fairness, I suggest this may be an unintended gross simplification. As we know, it is up to Prosecutors to prove, to a jury of his (or her) peers that the defendant is guilty of the offense AS CHARGED. There are many degrees of homicide, ranging from murder in the first degree loosely defined as deliberate, malicious and premeditated; to second degree, loosely defined as an intentional killing but without premeditation and on down the scale through manslaughter, either voluntary or involuntary loosely defined as unpremeditated causation of the death of another either purposefully or accidentally and beyond to justifiable homicide loosely defined as an action taken to protect oneself and/or others from mortal harm and beyond still further to excusable homicide loosely defined as an action with an unexpected, accidental outcome.

All of the associated incidents do indeed involve an acknowledgement that a sudden death occurred at the hands of an accused and so, regardless of the extenuating circumstances it may be said that the accused is guilty of taking the life or lives of another. Again, the question before the jury is whether a defendant is guilty of the offense AS CHARGED.

In the case of DM it will be necessary for the jury to accept beyond reasonable doubt that, with malice and deliberation, DM planned and carried out the first degree murders of LB, WM and TB and the MS, with malice and deliberation planned and carried out the first degree murders of LB and TB.

HTH

There are, of course, also a number of extenuating circumstances that might lead to the acquittal of a person charged with murder in any degree arising from issues such as police misconduct, investigative errors, witness lying, jury tampering, human rights abuses et al even though on its face the case against an accused may seem ironclad. However, obviously, where evidence is compromised, no jury can be expected to figure out where the truth lies, so "reasonable doubt" is the only reasonable outcome.

Does this mean that, once in a very great while, a person charged with first degree murder may "get away with his/her crime".

Yes. IMO.

Does that possible fact outweigh the importance of exercising careful oversight in both the assignment of charges and in the procedures of the court.

No. IMO.
 
  • #344
The difference being that OJ had a trial. These men have not even had a trial yet to prove their guilt or innocence. Until they have had their trial, they are still "legally innocent" regardless of one's opinion of guilt prior to trial. Also from your link:



JMO

Guess I could have left the OJ part out :rolleyes: But if you want to talk OJ, IIRC a large majority of the people who followed OJ's case were pretty convinced he murder Nicole and Ron based the information that was in the MSM prior to his trial. Sure he was found not guilty (not innocent) of the two murders, but that doesn't mean he didn't murder them, just means the jurors were not convinced beyond a reasonable doubt he murdered them. With the newest sciences and technology we have nowadays, IMO that is going to play a huge role during the trial in TB's case. All MOO.
 
  • #345
Personally, I think that MB is another innocent victim in this, so speculating that she may have emotional issues is distasteful to me. I have only ever read MSM reports stating that she visits regularly, and I know that mothers in general tend to love and want to help and protect their children, so I have no reason to dispute that claim. As to attending court appearances, I would see no reason to attend video appearances when personal visits can be made more frequently. I also think that if DM's mom is chased for photos and hounded by the media the way that CN's mom is, she would be best to avoid that unnecessary stress.

I also wonder what specifically your friend would consider being treated well and having freedoms at Barton St, would that mean he gets better food than others, or that he has the freedom to walk the halls or go outside when he pleases? Or that he is not beaten regularly and has the freedom to shower unshackled? I really have no idea what constitutes being treated well there, and would be genuinely curious to hear it explained.

I find it interesting that the guards like him, are they normally the kind of people who would be easily duped by psychopaths and control freaks, as some have insisted DM must be? Wouldn't they be in a good position to tell very quickly if he really was a 'spoilt brat'?

Is there any mention of whether or not he's requested that they all call him Boss? ;)

BBM - I don't believe anyone would disagree with the bold part of your post Jubalee.

Therefore you don't speculate MB is going through emotional issues knowing that her 29 year old son is and has been sitting in jail for almost two years accused of murdering three people possibly facing the rest of his life there? If a case such as this doesn't cause emotional issues especially to a loving and protective mother, I don't know what would. Unless she was able to sweep it all under the rug and wash her hands of DM, she is going to be emotional.

DP claims he spoke to MB days after DM's arrest and she was completely and extremely shaken up and in shock over DM's situation, that she thought her son was a good person. There is no way she can escape her thoughts and probably many of the uncertainties she has about these three murders DM has been charged with. Unless someone has had a lobotomy, they are going to feel emotions. In MB's situation I wouldn't be surprised if she finds herself overwhelmed pondering about DM's situation almost daily. Quite pathetically and sadly IMO her son has made her a victim. MOO

UBM - Do you have a link to your claim? I couldn't find one, just simply this one below. I've never heard anything about her being chased and hounded by media other than the one day when CN left jail. Were they actually chasing her or did they have their cameras set up outside the court and managed to simply snap a picture? So they are still chasing and hounding her according to your comment...how unfortunate for her parents. :( MOO.

Noudga sported sunglasses, a hooded sweater, form-fitting jeans and a wide grin as she walked out of the courthouse and down a street Friday, arm-in-arm with her mother with her father and a female friend close behind.

None of the group commented to the media.

Before exiting the courthouse, Noudga walked over and embraced the friend, who had spent the day at the courthouse along with Noudga’s folks.


http://www.lfpress.com/2014/08/08/girlfriend-in-tim-bosma-case-gets-bail
 
  • #346
In my opinion, there is a huge difference between being emotional and having emotional issues.

I guess we may also have different ideas about what being hounded by the media looks like, and I would oblige your request for links except for the fact that it would just be perpetuating the problem that CN's mom has, she does not want media attention.
 
  • #347
Guess I could have left the OJ part out :rolleyes: But if you want to talk OJ, IIRC a large majority of the people who followed OJ's case were pretty convinced he murder Nicole and Ron based the information that was in the MSM prior to his trial. Sure he was found not guilty (not innocent) of the two murders, but that doesn't mean he didn't murder them, just means the jurors were not convinced beyond a reasonable doubt he murdered them. With the newest sciences and technology we have nowadays, IMO that is going to play a huge role during the trial in TB's case. All MOO.

No thanks, no interest in OJ. He has nothing to do with my comment about someone being legally innocent before their trial, which was the point of my post.

JMO
 
  • #348
Be careful will shopping through these sites folks.

POLICE: BABY CUT FROM WOMB OF PREGNANT WOMAN RESPONDING TO CRAIGSLIST

LONGMONT, CO -- A 34-year-old woman was accused of stabbing a pregnant woman in the stomach and removing her baby, while the expectant mother visited her home to buy baby clothes advertised on Craigslist, Colorado authorities said.


http://abc7.com/news/woman-accused-of-cutting-baby-from-pregnant-womans-womb/564120/


Tnx, Swedie. It's always wise to be situationally aware when meeting strangers and/or in new surroundings. However, just to put this horrible event in perspective, the even more amazing news, IMO, is that over four million babies were born in the USA last year. It's fair to say all of them had acquired clothes from somewhere, including online sources, without newsworthy incident. All things being relative, it's still quite safe to brave the risk and buy some clothes for your little pending rugrat. IMO. I'm not sure whether a pregnant woman might also find her life in jeopardy at the local Walmart parking lot.

Your note is timely though because, IMO, the primary thing that has distinguished the TB homicide from the h504 other known homicides that occured in Canada in 2013 is that the victim had advertised his vehicle for sale in Kijiji or Auto Trader which was the inciting element that led to the crime. The implication is that you, too, may be in mortal danger if you use an online program to advertise your vehicle. Maybe you are. The fact is, however, that thousands of vehicles are bought and sold across the nation each year both online and through dealerships, without anyone being murdered. MOO.

All of which is just to say, being careful is a good thing. Being fearful is not.

IMO. MOO. IMHO.
 
  • #349
Guess I could have left the OJ part out :rolleyes: But if you want to talk OJ, IIRC a large majority of the people who followed OJ's case were pretty convinced he murder Nicole and Ron based the information that was in the MSM prior to his trial. Sure he was found not guilty (not innocent) of the two murders, but that doesn't mean he didn't murder them, just means the jurors were not convinced beyond a reasonable doubt he murdered them. With the newest sciences and technology we have nowadays, IMO that is going to play a huge role during the trial in TB's case. All MOO.

That is to be profoundly hoped, IMO, not just in TB's case but in the charges relating to WM and LB as well. The extremely limited information we have seems to suggest that the primary evidence linking LB to DM is a series of unanswered phone calls and the witness testimony of an ex-boyfriend. In taking the case further, prosecutors will find themselves at odds with LE who may be expected to testify that they didn't think the girl's disappearance was particularly noteworthy (even though another of her ex-boyfriends had earlier been charged with assaulting her.) They will also have to come up with satisfactory evidence that, while her body (or any indications thereof) has not been found in Ontario, according to the Coroner (1) she is, in fact, dead (2) she was, in fact, murdered and (3) she was, in fact, murdered by DM in a deliberate and premeditated (collaborative) action (4) that she was, in fact, murdered by MS, in a deliberate and premeditated (collaborative) action.

In the case of the sudden death of WM, the prosecutors will first have to prove that the Coroner's original determination of suicide was inaccurate. In determining reasonable doubt in this case, I presume there will necessarily be considerable focus on the Coroner's original report and extensive examination and cross-examination on the subject. As I understand it, a finding of suicide vs homicide has to do with a thorough examination of the wound - the distance from the entry point that a bullet was discharged; the angle of entry suggesting the position of a hand holding a weapon; the condition of the victim's hand, including powder traces, incidental injury etc. and many, many, many more close measurements and professional observations. IMO, these may have to be re-jigged to arrive at the conclusion of murder, rather than suicide. Again, there is no intact body which could potentially be exhumed to clarify contentious issues, so one may expect a fairly lengthy parade of expert witnesses, I presume, all of whom may be placed in the awkward position of testifying that the Coroner made mistakes. Then, if that threshhold argument confirming murder, not suicide is crossed, prosecutors will have to provide convincing evidence that the death of WM was murder in the first degree as a result of a deliberate and premeditated act (not an unintentional act or an accident) and, finally, that WM's murder in the first degree was carried out by his son. IMO.

With respect to the death of TB, again we have very limited and closely held evidence. As with the other two investigations, prosecutors will first need to prove that (1) TB is dead and (2) TB died as a result of a murder in the first degree and (3) that murders in the first degree were carried out by DM and WS. Again, having surpassed those thresholds, essential prosecutorial elements appear to center on the eye witness testimony of the RBEG who described tattoos on the arm of a tall skinny guy with a short sleeved orange shirt and a little sidekick with a red hoodie, plus the eye witness testimony of SB who, one presumes probably did not see tattoos because by the time the two arrived at the Bosma place the following night, the little guy was still wearing his red riding hood and the tall skinny guy's orange shirt had long sleeves (or maybe shortened sleeves were rolled down.) The connecting item seems tenuous but appears to be a call, or calls to TB's cell phone from DM and, we presume, calls to the RBEG's cell phone from the same number. All that evidence is a minefield of assumptions and questionable conclusions, IMO, and will therefore occupy a mind boggling amount of court time, IMO.

It will be interesting to see how the court rules on admissible evidence in each of these cases. In particular, how much character testimony will be permitted. That could involve prohibition against testimony regarding either or both of Smich's and Millard's backgrounds. In Smich's case, such information could be somewhat damning, although relatively minor drug and grafitti spraying offenses seem a quantum leap from plotting and carrying out murders. In DM's case, with no previous police record, and various noteworthy achievements, character testimony could prove helpful in sowing doubt in the minds of jurors. However, IMO, much depends on the order in which these cases are tried and that order, I suggest, will be a construct based on the strength of the evidence in each of the cases. Obviously, for instance, if MS and DM are first found guilty of the first degree murder of LB, then jurors may be expected to believe them capable of a second murder (or third, in the case of DM). If, on the other hand, they are found to be not guilty, that verdict will likewise affect the willingness to accept their culpability in successive trials. IMO.

Having proven that DM and MS were the same persons as SB saw drive away the last time she saw her husband, there will be many more arguments at trial, most of which one presumes can be answered with testimony under oath about what exactly occurred on that test drive.

If you ask me, if the only essential elements surrounding these cases are those that have been so far reported by LE and the MSM, prosecutors have a fairly steep hill to climb in proving first degree murder in each of these cases and will definitely need to rely on all the professional and high tech tools available if they have any hope of conviction in any of these alleged crimes. MOO.
 
  • #350
  • #351
Thank you again ABro for this writing. :tyou: :takeabow: You have given us some more interesting insight about DM and I found this tidbit quite intriguing. IMO I find it telling how he resented his father from a fairly early age and also mentioned being angry with his father in his jail house interview. With the wee bit of information available to date, we already have two known issues of resentment/anger toward WM. I've always assumed WM held the purse strings tightly when it came to DM and I believe DM very much resented that. That just may go to show why he would want to murder his father. When DM wrote his father's obituary and mentioned his father being frugal with himself but generous with others, and after reading your article, seems WM was generous with others...excluding DM and himself. Examples: DM dressing like a hillybilly in his younger years, eating pasta which is a cheap food staple and that's a possibly why WM bought it. Then looking at an adult DM who would be more in control of his life, we have DM who turned fashion conscientious, who went to chef school, works out trying to maintain an image. Resentment is a huge thing and especially toward a parent who is raising you. Did so many factors add up in the end causing DM to murder his father? Resentment, anger and maybe embarrassment? All MOO.

A chubby adolescent who resented his father for allowing him to eat pasta non-stop after his parents’ marriage ended, Millard is clearly image conscious, expressing embarrassment in a letter that newspapers frequently run a photograph of him from his pudgy days. He is working out to stay in shape and not gain weight, he writes.

http://news.nationalpost.com/2015/0...n-to-world-of-fast-cars-and-exotic-adventure/

Left to manage that legacy, Millard says he turned his attention to the business — but not without resentment. “I took it all pretty hard. It was a responsibility I didn’t want at that time. I was angry at (Wayne) for the things I had to do because he wasn’t there to do them.”

“He was frugal with himself and generous to others. The only people he feared were racists … He was patient and stubborn. He admired Christ, Gandhi and Lindbergh. He believed animal welfare was a humanitarian effort. He was a good man in a careless world. He was my father.”

http://www.thestar.com/news/gta/201...didnt_kill_tim_bosma_exclusive_interview.html
 
  • #352
That is to be profoundly hoped, IMO, not just in TB's case but in the charges relating to WM and LB as well. The extremely limited information we have seems to suggest that the primary evidence linking LB to DM is a series of unanswered phone calls and the witness testimony of an ex-boyfriend. In taking the case further, prosecutors will find themselves at odds with LE who may be expected to testify that they didn't think the girl's disappearance was particularly noteworthy (even though another of her ex-boyfriends had earlier been charged with assaulting her.) They will also have to come up with satisfactory evidence that, while her body (or any indications thereof) has not been found in Ontario, according to the Coroner (1) she is, in fact, dead (2) she was, in fact, murdered and (3) she was, in fact, murdered by DM in a deliberate and premeditated (collaborative) action (4) that she was, in fact, murdered by MS, in a deliberate and premeditated (collaborative) action.

In the case of the sudden death of WM, the prosecutors will first have to prove that the Coroner's original determination of suicide was inaccurate. In determining reasonable doubt in this case, I presume there will necessarily be considerable focus on the Coroner's original report and extensive examination and cross-examination on the subject. As I understand it, a finding of suicide vs homicide has to do with a thorough examination of the wound - the distance from the entry point that a bullet was discharged; the angle of entry suggesting the position of a hand holding a weapon; the condition of the victim's hand, including powder traces, incidental injury etc. and many, many, many more close measurements and professional observations. IMO, these may have to be re-jigged to arrive at the conclusion of murder, rather than suicide. Again, there is no intact body which could potentially be exhumed to clarify contentious issues, so one may expect a fairly lengthy parade of expert witnesses, I presume, all of whom may be placed in the awkward position of testifying that the Coroner made mistakes. Then, if that threshhold argument confirming murder, not suicide is crossed, prosecutors will have to provide convincing evidence that the death of WM was murder in the first degree as a result of a deliberate and premeditated act (not an unintentional act or an accident) and, finally, that WM's murder in the first degree was carried out by his son. IMO.

With respect to the death of TB, again we have very limited and closely held evidence. As with the other two investigations, prosecutors will first need to prove that (1) TB is dead and (2) TB died as a result of a murder in the first degree and (3) that murders in the first degree were carried out by DM and WS. Again, having surpassed those thresholds, essential prosecutorial elements appear to center on the eye witness testimony of the RBEG who described tattoos on the arm of a tall skinny guy with a short sleeved orange shirt and a little sidekick with a red hoodie, plus the eye witness testimony of SB who, one presumes probably did not see tattoos because by the time the two arrived at the Bosma place the following night, the little guy was still wearing his red riding hood and the tall skinny guy's orange shirt had long sleeves (or maybe shortened sleeves were rolled down.) The connecting item seems tenuous but appears to be a call, or calls to TB's cell phone from DM and, we presume, calls to the RBEG's cell phone from the same number. All that evidence is a minefield of assumptions and questionable conclusions, IMO, and will therefore occupy a mind boggling amount of court time, IMO.

It will be interesting to see how the court rules on admissible evidence in each of these cases. In particular, how much character testimony will be permitted. That could involve prohibition against testimony regarding either or both of Smich's and Millard's backgrounds. In Smich's case, such information could be somewhat damning, although relatively minor drug and grafitti spraying offenses seem a quantum leap from plotting and carrying out murders. In DM's case, with no previous police record, and various noteworthy achievements, character testimony could prove helpful in sowing doubt in the minds of jurors. However, IMO, much depends on the order in which these cases are tried and that order, I suggest, will be a construct based on the strength of the evidence in each of the cases. Obviously, for instance, if MS and DM are first found guilty of the first degree murder of LB, then jurors may be expected to believe them capable of a second murder (or third, in the case of DM). If, on the other hand, they are found to be not guilty, that verdict will likewise affect the willingness to accept their culpability in successive trials. IMO.

Having proven that DM and MS were the same persons as SB saw drive away the last time she saw her husband, there will be many more arguments at trial, most of which one presumes can be answered with testimony under oath about what exactly occurred on that test drive.

If you ask me, if the only essential elements surrounding these cases are those that have been so far reported by LE and the MSM, prosecutors have a fairly steep hill to climb in proving first degree murder in each of these cases and will definitely need to rely on all the professional and high tech tools available if they have any hope of conviction in any of these alleged crimes. MOO.


BBM - Where they unanswered? Link please and TIA. Yes very interesting how they not only charged DM BUT MS also. I'd say there is evidence to back these charged against both. Or are we to assume LE just felt like throwing MS in there for good measure? MOO.

Kevin Bryan, a retired detective who worked with the York Regional Police forensic unit for 16 years, believes the family would be told if her body had been found, but said police would have other evidence of her death.
“Now they’ve laid a murder charge which means they do have some evidence that she’s dead. . . . What that is, I don’t know and they’re not going to tell us that either,” said Bryan.
“They don’t go out and lay the charge in a situation like this without extensive consultation with the prosecutions office.”
Criminal Attorney Daniel Brown suggested police may be keeping information secret to assist in their investigation and prosecution.
“It could be an important part of the investigation or they want to ensure they haven’t tainted any witnesses, or perhaps they have a statement from an accused,” said Brown.

http://www.thestar.com/news/gta/201...a_babcocks_body_not_recovered_in_ontario.html

It's not like that has never happened before...numerous times as a matter of fact. Here's a couple more recent cases. Some murderers are just that lucky and stealthy at planning murders, they do appear to be suicides and what's really helpful to mislead LE is for these murderers to have alibis. MOO.

http://www.thestar.com/news/crime/2...a_mystery_what_happened_to_the_harrisons.html

http://www.pe.com/articles/death-759086-bernardino-san.html

Seems the AG does not feel the prosecutors will have too much trouble proving guilt but TWT. Who is WS? Don't forget evidence; circumstantial and direct.

Somehow, I believe the defence will have a steeper hill to climb or maybe it will be more like a very slippery slope IMO. Yes, four to five months for a trial is a mind boggling amount of court time. I suppose the prosecution has a mountain of evidence to present and many witness to call. Or would you have a better idea or suggestions of why the trial might take that amount of time? TIA.

SB and the business owner will do an honourable job on the stand. They are likely the type of people who are very observant and pay close attention to detail, so it seems according their detailed descriptions and what they've had to say in the MSM, (SB in her videos). They will be wanting justice for TB and will want to see the actual murderers face justice and not some poor innocent guys who were duped/framed. Otherwise she (or he) will forever live her (his) life in fear wondering if the real murderers are still out there ready to pounce again. ALL JMOO.
 
  • #353

Great article ABro , thanks

I found this quote interesting .... but what I will say, is that “the facts” they keep repeating, don’t match the disclosure I am given.

It would be one thing to say .... "the facts" (news articles) being repeated do not line up with what I know

Instead he says ... "the facts" (news articles) being repeated do not line up with the disclosure I am given
 
  • #354
BBM - Where they unanswered? Link please and TIA.

Seems the AG does not feel the prosecutors will have too much trouble proving guilt but TWT. Who is WS?

SB and the business owner will do an honourable job on the stand. They are likely the type of people who are very observant and pay close attention to detail, so it seems according their detailed descriptions and what they've had to say in the MSM, (SB in her videos). They will be wanting justice for TB and will want to see the actual murderers face justice and not some poor innocent guys who were duped/framed. Otherwise she (or he) will forever live her (his) life in fear wondering if the real murderers are still out there ready to pounce again. ALL JMOO.

Apologies Swedie for major snipping. I just wanted to get to the questions you asked.

- No I don't have a link that clarifies that the phone calls to DM were unanswered, only that copy of the phone bill itself which I think has already been posted somewhere in the threads. It shows several "clusters" of three or four calls to DM's number, most just a few minutes to half an hour apart, and all except one is one minute in duration (the minimum call length on that cellular network.) It's therefore probable, IMO, that these calls were unanswered by DM, with the possible exception of one 2 minute call that took place at 18:16 PM on July 3. However, there were a number of incoming calls which may have originated from DM, but incoming call numbers are not included in the bill. I think it's likely that the phone bill will be entered as evidence at trial and the prosecution has evidence that confirms that the returned calls were from DM's number and proves that DM was the person who placed the calls. Then, of course, the prosecution will also have evidence confirming that those calls are an essential part of the case (if they are) because they have proof the subject of the conversations had something to do with arranging for DM (and/or MS) to meet LB somewhere and more evidence that confirms that she went somewhere with them, etc. MOO.

- Regarding the AG's decision to go directly to trial, it's important to consider, IMO, that the prosecutors present their case to the AG without argument or debate from the defense. An AG makes a decision based on a much, much lower threshold for determination than a trial court - basically, if the case is conducted as presented to the AG by the Crown, then a conviction would be probable. In other words, "reasonable doubt" about the case against the accused does not play any part in this decision. At a preliminary inquiry the Crown must show that it has evidence upon which a jury could convict the accused. All the Crown has to do is show that there is some evidence, which, if a jury believed it, might lead a jury to convict the accused. Of course, they may also be other contributing factors to an AG's decision but, in the case of DM, in a rather astonishing statement, the AG made it clear that, in her opinion, an (uncontested) case against the two accused would result in convictions.

- "WS" was meant to be the co-accused, "MS".

- Like you and everybody else, I hope that the perpetrators are duly punished for their crimes. However, as we know, the court process is long, tedious and fraught with complexities. The iconic figure of the blindfolded Lady Justice holding scales aloft is meant to represent the concept that justice is or should, or must be meted out objectively, without fear or favour, regardless of wealth, power, or identity. I think many people have concluded that "justice" is a synonym for revenge, as in "The innocent victim must be avenged". In some jurisdictions that includes punishment as close as possible to equal the crime (as in capital punishment in the US). But the concept of justice in our courts also, and perhaps most importantly applies to those who stand accused of a crime. That is why there is a presumption of innocence and that precious status is not to be relinquished until all reasonable doubt has been eliminated by the evidence presented as part of the Crown's case together with the inability of the Defense to provide satisfactory argument or explanation and, of course, the proper adherence to procedural matters throughout the trial. (No Egyptian courtroom templates here.)

In MHO, trials focus pretty much entirely on the accused, not the victim. Certainly SB may be required to testify as a witness as to the last time she saw her husband and I agree she may be expected to provide a clear account, but in the overview, MOO, her testimony may not hold much relevance to proving the cases against the accused. (For example, other witnesses may testify that they saw her husband after he left the residence.) The loss to family and community of a beloved husband, father and son plays an important role in the final sentencing phase but, until then, IMO, for victim's families trials are painstakingly slow; evidence is often brutally graphic; and the constant emotional extremes of grief and rage are unrelenting. What a terrible burden. MOO. IMHO.

ALL JUST MOO.
 
  • #355
Great article ABro , thanks

I found this quote interesting .... but what I will say, is that “the facts” they keep repeating, don’t match the disclosure I am given.

It would be one thing to say .... "the facts" (news articles) being repeated do not line up with what I know

Instead he says ... "the facts" (news articles) being repeated do not line up with the disclosure I am given

He is saying that he is receiving disclosure that does not tally with the alleged 'facts' quoted in the press. That's all. IMO
 
  • #356
Thank you again ABro for this writing. :tyou: :takeabow: You have given us some more interesting insight about DM and I found this tidbit quite intriguing. IMO I find it telling how he resented his father from a fairly early age and also mentioned being angry with his father in his jail house interview. With the wee bit of information available to date, we already have two known issues of resentment/anger toward WM. I've always assumed WM held the purse strings tightly when it came to DM and I believe DM very much resented that. That just may go to show why he would want to murder his father. When DM wrote his father's obituary and mentioned his father being frugal with himself but generous with others, and after reading your article, seems WM was generous with others...excluding DM and himself. Examples: DM dressing like a hillybilly in his younger years, eating pasta which is a cheap food staple and that's a possibly why WM bought it. Then looking at an adult DM who would be more in control of his life, we have DM who turned fashion conscientious, who went to chef school, works out trying to maintain an image. Resentment is a huge thing and especially toward a parent who is raising you. Did so many factors add up in the end causing DM to murder his father? Resentment, anger and maybe embarrassment? All MOO.

A chubby adolescent who resented his father for allowing him to eat pasta non-stop after his parents’ marriage ended, Millard is clearly image conscious, expressing embarrassment in a letter that newspapers frequently run a photograph of him from his pudgy days. He is working out to stay in shape and not gain weight, he writes.

http://news.nationalpost.com/2015/0...n-to-world-of-fast-cars-and-exotic-adventure/

Left to manage that legacy, Millard says he turned his attention to the business — but not without resentment. “I took it all pretty hard. It was a responsibility I didn’t want at that time. I was angry at (Wayne) for the things I had to do because he wasn’t there to do them.”

“He was frugal with himself and generous to others. The only people he feared were racists … He was patient and stubborn. He admired Christ, Gandhi and Lindbergh. He believed animal welfare was a humanitarian effort. He was a good man in a careless world. He was my father.”

http://www.thestar.com/news/gta/201...didnt_kill_tim_bosma_exclusive_interview.html

Just wanted to address this highlighted section of your post. Any teenager who has had a pudgy moment in time will blame something or someone. Usually it is not themselves. IMO.

I see nothing unusual in what DM allegedly says in letters that have mysteriously landed in the hands of a national newspaper. It doesn't say he said he resented his father, those appear to be the words of the journalist and I suspect DM was like anyone else when some photo that we find embarrassing gets put on show for all to see. Saying that his pudginess was due to lots of pasta after his parents broke up, suggests to me that WM was not the greatest chef ( maybe why DM was interested in cooking). Pasta is an easy meal. It does not suggest any bad feeling and any bad feeling is put there by the reporter and anyone who seeks to create a negative feeling about or towards DM IMO

The obituary for WM was complimentary of him and again if someone wants to inject negativity it's always possible to twist words to meet this aim IMO

Bottom line if DM resented his father so much, he would not have lived with him, helped him or asked his opinion on house or land purchases. Anger towards someone we love for dying is a natural part of grieving. I do not see how anyone can spin that obituary to mean anything other than a son who was proud of his dad, without it being obvious it's being spun MOO
 
  • #357
BBM - Where they unanswered? Link please and TIA. Yes very interesting how they not only charged DM BUT MS also. I'd say there is evidence to back these charged against both. Or are we to assume LE just felt like throwing MS in there for good measure? MOO.

One minute calls that hit the message centre would be one minute duration. Any calls that reach that message centre and leave a message may well have been two minutes duration. It doesn't mean the call was answered IMO.

The fact that MS has also been charged, I think, stems from LE suggesting that the two were working in concert, but if we look at the alleged jail letters where DM apparently says that the disclosure does not represent the alleged facts we can begin to form new possible scenarios.IMO

Kevin Bryan, a retired detective who worked with the York Regional Police forensic unit for 16 years, believes the family would be told if her body had been found, but said police would have other evidence of her death.
“Now they’ve laid a murder charge which means they do have some evidence that she’s dead. . . . What that is, I don’t know and they’re not going to tell us that either,” said Bryan.
“They don’t go out and lay the charge in a situation like this without extensive consultation with the prosecutions office.”


Yes they do try to find ways to make a charge stick.

Criminal Attorney Daniel Brown suggested police may be keeping information secret to assist in their investigation and prosecution.
“It could be an important part of the investigation or they want to ensure they haven’t tainted any witnesses, or perhaps they have a statement from an accused,” said Brown.

It's not like that has never happened before...numerous times as a matter of fact. Here's a couple more recent cases. Some murderers are just that lucky and stealthy at planning murders, they do appear to be suicides and what's really helpful to mislead LE is for these murderers to have alibis. MOO.
Seems the AG does not feel the prosecutors will have too much trouble proving guilt but TWT. Who is WS? Don't forget evidence; circumstantial and direct.

Somehow, I believe the defence will have a steeper hill to climb or maybe it will be more like a very slippery slope IMO. Yes, four to five months for a trial is a mind boggling amount of court time. I suppose the prosecution has a mountain of evidence to present and many witness to call. Or would you have a better idea or suggestions of why the trial might take that amount of time? TIA.

I have a feeling that the prosecution don't have as many witnesses as some may think. We can't consider unnamed informants or expert witnesses to know the details of the case. No doubt they will try relying on some such information.
 
  • #358
He is saying that he is receiving disclosure that does not tally with the alleged 'facts' quoted in the press. That's all. IMO
I find that quote interesting as well. IMO, the accused shouldn't be too worried about what's being reported in MSM but rather focus on the disclosure documents since that's really the evidence the Crown has to proceed with the case. The disclosure is what the AG saw to proceed with her direct indictment ruling.
I find it interesting that DM's concerned about MSM reports-perhaps simply an ego thing?
IMHO, LE have done an incredible job keeping things under wraps with this case and MSM articles have been few and far between. This isn't a case that we hear on the news everyday. DM does make an interesting point though. He does seem to be viewing MSM articles as "facts" and then goes onto say the MSM articles don't line up with the evidence that LE have collected and disclosed to him. So, MSM obviously have a few things wrong?
IMO, DM should be more concerned with those disclosure documents than anything reported in MSM.
"the facts" that keep getting repeated in MSM? OK, what are the facts that MSM keep saying?
TB put his truck for sale on kijiji and auto trader
DM called TB with a burner phone
DM and MS went to TB's house
There wasn't a 3rd person
The Yukon made the trip
TB was found at the farm
TB was burnt
There was an incinerator
TB's truck was found in a trailer at DM's mothers house.
DM was the youngest person to get a helicopter and fixed wing pilots license in one day.
DM went to Toronto French School
DM has a tattoo
DM took another truck for a test drive

IMHO, these are the recurring so called "facts" that MSM keep reporting and that DM insists don't match up with the disclosure documents he's been given. Interesting. Feel free to add more "MSM facts". MOO
 
  • #359
One minute calls that hit the message centre would be one minute duration. Any calls that reach that message centre and leave a message may well have been two minutes duration. It doesn't mean the call was answered IMO.

The fact that MS has also been charged, I think, stems from LE suggesting that the two were working in concert, but if we look at the alleged jail letters where DM apparently says that the disclosure does not represent the alleged facts we can begin to form new possible scenarios.IMO



Yes they do try to find ways to make a charge stick.



I have a feeling that the prosecution don't have as many witnesses as some may think. We can't consider unnamed informants or expert witnesses to know the details of the case. No doubt they will try relying on some such information.
I don't know Tamarind. DM, MS and CN all have pretty extensive "no contact" lists. IMHO, they could all be witnesses. MOO
 
  • #360
I don't know Tamarind. DM, MS and CN all have pretty extensive "no contact" lists. IMHO, they could all be witnesses. MOO

I think its more a case of trying to stop communications between people than them being witnesses. JMO
 
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