92 witnesses, 177 exhibits and 4.5 months at the John Sopinka courthouse.
Now, 12 men and women are tasked with deciding the fate of Dellen Millard and Mark Smich; the two men on trial for the first degree murder of Ancaster’s Tim Bosma.
For the last two days, the jury has been taken through detailed instructions.
There are four options: first or second degree murder, manslaughter, or not guilty.
Justice Goodman stressed that for a verdict of first degree murder, this jury must believe that Millard and Smich deliberately planned and set out to kill Bosma, a married father of one.
That together, they planned to steal Bosma’s Dodge 3500, while luring him from his home; before shooting him, burying Bosma’s remains, and getting rid of the murder weapon.
Sharlene Bosma, wife of Tim, was seen covering her face as the jury was told, “Ladies and gentlemen, you may now retire to deliberate on your verdict”.
Twice, lawyers for the accused motioned for mistrials.
Three weeks into the trial, a joint application for mistrial was submitted by lawyers for Smich and Millard.
Details of the application are not allowed to be reported.
It was a nail biter for the Bosma family.
In the end, the applications were thrown out.
The second application came in April after Smich’s team accused Millard’s lawyers of impugning their client’s right to a fair trial during cross-examination of Brandon Daly.
Daly testified that Smich had anger issues, reflected in violent rap lyrics.
That application was also tossed.
The jury didn’t hear several pieces of evidence, including information on Lisa Whidden; a Toronto real estate agent who had a relationship with Millard.
She was cuffed and her phone was seized after police say Whidden tried to dodge them. They were concerned that Whidden may try to erase evidence from her phone. Police say she was aggressive, combative and uncooperative .
Smich was also called combative during his arrest. Police say he was aggressive, calling them n**ger.
Other information the jury never heard:
- “I’m bring her back a dirty girl” – a text sent by Millard to his gun dealer when questioning if the Welter PPK was clean or dirty.
- There was evidence of more than one gun. Millard’s roommate Brandon Daily says Smich told him Millard got the gun he wanted, and Smich got another one. Arguments heard that Smich referred to multiple guns of different calibres, calling one of his guns his “Spanish girl”.
- Millard’s hangar was an operating “chop shop” with many stolen vehicles.
- While the jury heard about marijuana, they didn’t learn that Millard was a user of cocaine, meth, heroine and steroids. While Smich was a known crack dealer.
- Millard and Smich are both facing other murder charges. Millard is facing first degree murder charges in connection with his father, Wayne Millard. He was shot and killed November 29, 2012. Millard and Smich both face first degree murder charges in connection to Laura Babcock. The 23-year old was reported missing July 2012. “The Eliminator” incinerator was purchased around that time. Babcock’s body has never been found.
- Witness, Dr. Robert Burns expressed a lot of hate towards his nephew, Dellen Millard. “He’s a sick, twisted prick,” Burns told police. Burns also told the jury that Millard’s claim that he purchased The Eliminator so they could both start a mobile pet cremation business was false.