Bosma trial- May 25th

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All of the evidence is in for the Tim Bosma murder trial as the Crown wrapped up his cross examination. Craig Fraser said Mark Smich was “all in” on the plan with his best friend Dellen Millard to steal a truck and then kill and burn the owner. The jury has been listening to the evidence against Smich and Millard since February 1st.

Smich continued to insist there was no plan to kill as far as he knew. That he was shocked and terrified when he saw Millard’s lunatic face and Tim Bosma dead against the dashboard. However, the Crown spent all day pointing to text messages between the two friends that suggested things were as cosy and normal between them as they had ever been.

The Crown says Tim Bosma was killed within minutes of leaving his driveway. Bosma’s neighbour Rick Bullmann thought it odd when he saw a truck and an SUV pull out, one after the other, from a field near his home after 9pm on May 6 2013. When he saw the Tim Bosma missing flyer the next day, he called police before he could get any more suspicious of the two guys who showed up after dark for a test drive.

Mark Smich says Dellen Millard came up with a ruse while they were on Bosma’s driveway and dropped him off to follow in the Yukon, doing a u-turn and driving for another 40 minutes or so before the murder in front of Bobcat of Brantford. Fraser says the pair of killers had to stop there to adjust Tim Bosma’s body.

The Crown believes Smich and Millard were working together all along. For instance, shortly after Millard and his girlfriend dropped off a yellow toolbox with a murder weapon at Matt Hagerman’s house, Millard texted Smich “retooled for stormy weather, all clear, getting some sleep now, 7am accounting meeting.”

Fraser pointed out that Millard would not send a message like that unless Smich knew what it meant. He and Millard must have discussed what to do with the murder weapon. Smich said no, he didn’t know anything about the gun in the toolbox. He took a picture of it when he was in Millard’s car, he says, but insists he has never owned a gun and didn’t know one was brought to the test drive with Tim Bosma.

Smich says Millard’s friends, Andrew Michalski and Matt Hagerman lied about the toolbox; that Smich asked for the “thing” Millard gave to Hagerman at 4am May 10th. Fraser re-played the testimony of Smich girlfriend Marlena Meneses, when she was describing Smich and Millard picking her up at 8am May 7th, after they spent the night burning Tim Bosma’s body. Smich said he didn’t know where Meneses got that idea.

The jury has been told to come back next Wednesday, June 1st for the first of three days of final arguments, Millard’s lawyer, followed by Smich’s lawyer, followed by the Crown on Friday. The following week the judge will give his instructions to the jury and then they will be released to find a verdict.