After a four day break, the Tim Bosma murder trial resumed in Hamilton Tuesday.
The jury saw more than 104 slides after already learning that two fingerprints were found inside Bosma’s black Dodge pickup truck that linked positively with Dellen Millard, who along with Mark Smich, are accused of first degree murder.
During cross examination, the defense was quick to point out that 23 other prints, not linked to Millard, were also found in the vehicle.
Millard’s lawyer asked Det. Const. Laura McLellan whether employees of the Hamilton tow yard had access to the vehicle, questioning if the trailer and truck may have been contaminated by curious staff.
McLellan did admit that she was surprised when she discovered on May 14, 2013, that the two crucial pieces of evidence were being held at a fully operational commercial garage.
When she arrived at Metro Trucking on Seaman Street in Stoney Creek, only police tape separated the large trailer and pickup truck from the working mechanics.
Things heated up when Mark Smich’s lawyer, Thomas Dungey, took the floor for cross-examination. He wondered how police were able to enter Tim Bosma’s pickup truck, straighten the wheels and start the ignition without cross-contaminating the evidence.
The vehicle barely fit on the 24-foot trailer found at a Kleinburg home belonging to Millard’s mother.
As Dungey cross-examined Det. Const. Laura McLellan, his voice elevated to the point of almost yelling, asking repeatedly why the police didn’t video or photograph their investigative movements.
McLellan said they don’t do that.
She testified that the truck was pulled off the trailer using a winch. Dungey told the jury it would have been impossible to get into the truck the way she explained, and wondered why McLellan didn’t have any notes.
Dungey believes force was needed to move the truck, and that the recovered bullet shell casings and other evidence may have been disturbed.
Jurors were confronted with a slide of a shattered passenger window, as they learn the forensic story of what unfolded on May 6, 2013, inside Bosma’s black Dodge pickup.
The Crown’s theory is that the Ancaster man was shot and killed moments after disappearing with Dellen Millard and Mark Smich.
On May 16, 2013, four Niagara detectives arrived in Hamilton via special request by Hamilton Homicide. Their job was to examine Dellen Millard’s dark blue Yukon.
Inside his truck, a mess on the front console. The jury was shown photos of an empty chocolate milk, credit cards, coins, a lighter and one black leather glove.
A large chunk of keys dangled from the ignition. One of the keys was marked with a Dodge emblem, and belonged to Tim Bosma.
The jury was also shown a beige Indiana Jones-type satchel bag. Several witnesses were told the jury Millard was seen carrying around.
A cream envelope was recovered from the back of the truck, containing an invoice for a 500-pound incinerator. Police say the cremator was purchased for $15,424 on June 21, 2012 and it was to be shipped to the Millard hangar.
The jury passed around the receipt, looking at details of custom unit with three special afterburners.
The “Eliminator” is typically used to burn large deceased farm animals.
The Crown is arguing that the unit was used to burn the remains of Tim Bosma, who disappeared shortly after leaving his Ancaster home with Millard and Smich. The two men were there to test drive Bosma’s black Dodge pickup, which he was trying to sell.
The jury is expected to see surveillance video of the Eliminator being ignited at the hangar on May 7, 2013.
They’ve already heard that 58 bone fragments and a tooth were found inside the unit.