Deliberations day 2

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Jury in the Tim Bosma murder trial are finished deliberations for the night. They did come back to ask another question, this time it was to review Matt Hagerman’s testimony about his pact with Andrew Michalski and the toolbox. The Judge and lawyers will listen to the evidence tomorrow morning and the jury will hear it at 10am.

Once the jury was released to deliberate yesterday the media could start reporting on what jurors didn’t hear and in this case most glaringly, it’s that Dellen Millard and Mark Smich are also charged with the murder of a young Toronto woman, Laura Babcock. Millard is also charged with killing his father. If he is convicted of all three, Millard would be considered a serial killer. But because those trials are scheduled for next year, many of the stories we heard in court are still protected by a publication ban.

One story from court sources we couldn’t share until now was that Millard was caught with some sort of shiv, or sharpened piece of metal in his jail cell, it may even have been before trial started. He carved out a chunk of concrete from his wall, put the shiv inside the hole and filled the hole with a mixture of concrete dust, lead pencil shavings and toothpaste to make it blend in with the rest of the wall. Jail guards found it when they were doing a search with a metal detector. Just last week, Dellen Millard was caught with a knife and marijuana in his cell. Once court staff found out about this they tightened security and have been searching Millard thoroughly before he goes in or out of the court room.

During the trial we heard a lot of evidence about a Walther PPK 9mm handgun and Mark Smich admitted it was the murder weapon. But one of the photos the jury saw was edited, there are actually two guns in the photo and prosecutors believe there could well have been two guns the night Tim Bosma was killed. Testimony from Brandon Daly, Smich’s friend, suggested both Smich and Millard had guns, both were photographed with guns and had gun photos on their devices. But the judge ordered that there was no evidence of two guns, so any suggestion of a second gun was edited out of evidence the jury saw.

Court also heard, in the absence of the jury, that Millard and Smich and their friends used all kinds of drugs from heroin to oxycontin and not just Smich sold drugs. Millard tried to get Smich’s girlfriend to wear a fake pregnancy belly to smuggle drugs across the border and he had his mechanic build secret compartments into a trailer. The judge thought the jury would be unfairly prejudiced against the accused if they heard about the extent of their involvement with drugs.