Tim Bosma trial: Jury asks about witnesses' 'pact'
Dellen Millard and Mark Smich await verdicts on 1st-degree murder changes
Jurors at the trial of two men accused of killing Hamilton's Tim Bosma have requested to review the evidence of Dellen Millard's friend Matt Hagerman.
Court reconvened Tuesday night, with the jury asking to review the testimony of Hagerman, Millard's childhood friend. He testified at the trial at the beginning of April.
Specifically, the jury wanted to review Hagerman's "pact" with another of Millard's friends, Andrew Michalski, and review his testimony regarding the movements of the toolbox believed to contain the murder weapon after Millard's arrest.
Millard, 30, of Toronto, and Mark Smich, 28, of Oakville, Ont., are waiting for the 12 men and women of the jury to decide their fate. Both have pleaded not guilty to first-degree murder in Ontario Superior Court in Hamilton.
When he originally testified, Hagerman said that he and Michalski came to some sort of agreement after moving the toolbox that Millard had dropped off to him in the early hours of May 10 — the day Millard was arrested.
Hagerman didn't elaborate on that agreement, only saying that he and Michalski no longer speak. Justice Andrew Goodman told the jurors that he would isolate the audio portions of that testimony and play it back for them in the courtroom at 10 a.m. Wednesday.
When the jury has a question, court is reconvened with the jury, Goodman, the Crown, the accused and their lawyers.
The day began Tuesday with Goodman addressing the jury on another question it had from night before.
The jury asked Monday: "Tim went to fill up the truck with gas. Is there mention of the time Tim got gas? We'd like to review Mrs. [Sharlene] Bosma's testimony."
Overnight, Goodman and the lawyers reviewed the record, and found no mention of Bosma getting gas on the night he vanished. Goodman told the jury it was a "misapprehension."
The jurors will continue deliberating Wednesday. They begin their discussions at the courthouse, guarded by courthouse staff, at 9:30 a.m. They continue until 8:30 p.m. each night, with breaks for lunch and dinner.
The jury will be sequestered until it reaches a verdict for both accused.