“Mark Smich is freestyling testimony like he freestyles rap“.
That’s how Dellen Millard’s lawyers see it as the co-accused faced three gruelling days of cross-examination at the Tim Bosma murder trial.
Millard, 30, and Smich, 28, are on trial for the first-degree murder of Bosma, the Ancaster dad who disappeared May 6, 2013 after taking two men for a test drive in his pickup truck.
The Crown believes Bosma was shot point-blank in the truck and then incinerated.
Millard’s lawyer, Nadir Sachak is trying to break Smich, who claims it was Dellen Millard who pulled the trigger on the evening of May 6.
“You’re trying not to give answers truthfully, to remove yourself from this horrible situation you find yourself in,” Sachak snapped. “You freestyle testimony and deflect it to Millard. You throw in Del’s name without me asking who else was there.”
“If you don’t like the answer, don’t ask the question,” Smich held his ground before softening his response. “Sir, listen… I understand what you’re saying, but that is not correct.”
“You’re very clever, sir,” Sachak responded. “You refuse to answer questions unless I, as a lawyer, have documents that you can rely on to tailor your evidence. You’re fabricating a story where you can deflect the blame.”
Smich was accused of deflecting blame onto everyone else.
“The only person who never seems to be at fault,” Sachak continued. “Is you, here on the witness stand.”
Millard’s lawyers demanded that Smich tell the court where his red hoodie was — the one he wore the night Tim Bosma was shot and killed.
The co-accused denies that there was a gun in that hoodie.
After stuttering and stammering, Smich told Nadir Sachak that he didn’t know where that hoodie was.
“What did you do with it?” Sachak pressed.
Smich suggested it may be in Dellen Millard’s Yukon, or his mother’s home.
Sachak pointed out the police did a thorough search for the hoodie and came up empty; or “maybe it just disappeared”.
The lawyer for Dellen Millard found some cracks in his testimony today at the Tim Bosma murder trial.
Court heard Smich’s ex-girlfriend Marlena Meneses was punched, kicked and slapped by him.
The co-accused testified that it was a one time event but doesn’t recall much of the details, saying he does remember Meneses crying and screaming.
Under cross examination, Millard’s lawyer Nadir Sachak grilled Smich about his volatile temper towards someone he was supposed to love.
Smich said “there was a situation one time, it’s not like I beat her.”
Sachak pointed out that Meneses was someone Smich “wanted to marry, have a baby with, someone you cherished, yet you got physical with her and forced her to traffic drugs.
Earlier in the trial, Meneses broke down on the stand when she testified that Smich wanted her to become a stripper.
Smich said that was categorically false.
Smich and Millard have pleaded not guilty to first degree murder in the death of the Ancaster father.