Hamilton

The Tim Bosma murder trial in 10 exhibits

All the evidence is in, and the jury is close to deliberations after four months of testimony at the trial of two men accused of killing Hamilton resident Tim Bosma in 2013. Here's a look at the key exhibits in the first-degree murder trial in Superior Court.

Key evidence shown to jurors in Hamilton who will decide the fate of Dellen Millard and Mark Smich

This security camera photo shows two men inside the MillardAir hangar in the early morning hours of May 7, 2013, just hours after Hamilton resident Tim Bosma disappeared. (Court exhibit)

After four months of testimony, the jury has finally heard all the evidence in the murder trial of the two men accused of killing Hamilton resident Tim Bosma in 2013.

The trial is in its final stages, with the jury close to beginning deliberations in Superior Court in Hamilton to determine the fate of Mark Smich and Dellen Millard.

Smich, 28, of Oakville, Ont., and Millard, 30, of Toronto have both pleaded not guilty to first-degree murder. 

Bosma vanished on May 6, 2013, after taking Smich and Millard on a test drive in a pickup truck he was trying to sell. ​Investigators later found charred human remains, believed to belong to Bosma, in a livestock incinerator on the Millard farm in Ayr, Ont. 

Here's a look at 10 key exhibits that will play a role when jurors begin deliberations: 

10. Millard's letters to Christina Noudga

While Millard was in jail, he managed to pass along letters to his girlfriend at the time, Christina Noudga, despite a court order that the two not communicate. He told her to destroy the letters, but she didn't, and they became part of the Crown's case.

The significance: As Millard didn't testify, the letters from jail represent the closest the jury got to learning something about his character and thinking. The letters do not contain a smoking gun per se, but do show how Millard planned to defend himself, and reveal his extensive attempts to try to co-ordinate statements and actions by potential witnesses from behind bars.

9. The Eliminator

The Eliminator is the brand name of a livestock incinerator found on Millard's farm in Ayr, Ont. 

The significance: The incinerator is central to the Crown's theory that after Bosma was shot and killed, his body was burned. The Crown presented evidence of Millard and his friends searching for and buying the unit, and talking about it during a series of texts. Among the group it was known as "the BBQ."

8. Cellphone records

A detailed and lengthy presentation outlined the movements of several cellphones during the day and evening Bosma disappeared. Their locations were tracked by the cell towers they pinged off. 

The significance: With this presentation, the Crown tried to connect the movements of Millard and Smich with those of the phone that had been used to call Bosma to arrange the truck test drive. The jury was shown how the phone making the test drive arrangements moved in concert with the phones of Millard and Smich on the night of May 6. The Crown suggested this placed both men at Bosma's home. Later in the trial, it was acknowledged that both were there.

7. The blood 

Multiple exhibits were presented as a series of photographs. The Crown introduced a range of evidence showing traces of blood inside and outside Bosma's pickup truck.

The significance: The evidence was among the most graphic presented. It was used by the Crown to support the core of its case that Bosma was shot inside his own truck. The evidence demonstrated where Bosma was sitting, the jury was told. A blood spatter expert testified it was clear a "bloodletting" event had happened inside the truck and there was evidence of attempts to clean up the blood.

6. The bone fragments

Two bone fragments, about 10 cm and 20 cm long, and a tooth were found inside The Eliminator incinerator.  

The significance: They were the only identifiable pieces of remains found during the investigation. Though scientists tried various methods of identification through DNA and dental records, the bone shards and a piece of a tooth found in the incinerator were too damaged to conclusively identify the person linked to them. Presentation of the bone shards and tooth piece in court was among the most difficult moments for the family during the trial. 

5. The toolbox

A toolbox, in which a single gunshot residue particle was found, was seized in connection with the case.

The significance: The toolbox evidence shows the movements of what is believed to be the murder weapon after Millard was arrested. Court heard that Millard gave the toolbox to friend Matt Hagerman, right before his arrest. Hagerman and another friend, Andrew Michalski, passed it on to Smich, along with a bag of marijuana. Smich testified he was surprised to get the gun and thought Millard might be trying to frame him.

4. The gun 

The jury saw a series of pictures obtained during the investigation of a gun, a Walther PPK. The Crown suggested it was likely the gun used to kill Bosma. 

The significance: The pictures show Millard and  Smich had access to a gun. That's important because a murder weapon was never found. Smich says he buried it and can't recall where. The gun also uses the ammunition that matches a shell casing found inside Bosma's truck. Each accused pointed the finger at the other as the one who brought a gun to the test drive of Bosma's truck.

3. The hangar video

Security video seized from a business near the Millard Air hangar shows the arrival of a truck and a trailer. It also shows a flash of light believed to be the igniting of the incinerator hours after Bosma was killed.

The significance: This video was also among the most chilling presented by the Crown. Does it show the moment that Bosma's body was being incinerated? Beyond that, it shows Millard and Smich moving around the hangar in the early morning hours after Bosma's disappearance.

2. The gloves

When police arrested Millard, they found black nitrile gloves in his possession. Inside those gloves, they found DNA that with a very high degree of probability belonged to Millard, and DNA that was similarly linked to Noudga. On the outside, they found blood stains, that again, with a high degree of probability contain Bosma's DNA.

The significance:  One of the many puzzle pieces that the Crown is using to try to place Millard at the centre of the crime. The combination of likely DNA matches has Millard wearing the gloves that came into contact with Bosma, or at least Bosma's blood. 

1. The truck in the hangar

The picture of Bosma's truck in the Millard Air hangar was taken by an employee, Arthur Jennings. He went to the police with his suspicions.

The significance: This represents a key break in the early stages of the investigation, further linking Millard to the probe (along with the cellphone records and his ambition tattoo). Jennings had seen news reports about Bosma's disappearance, saw the truck at his work a few days later and did what no one else with peripheral connections to the accused did — he contacted police. He took a photo and recorded the VIN number. His recounting of his thinking: "Oh my God, could that be the truck?" was one of the most dramatic moments of the trial.

Read more about this exhibit: 'I was hoping beyond hope it wasn't the truck'