Tim Bosma trial: Dellen Millard stole 'for the thrill of it,' friend says
Andrew Michalski tells jury he was confident aviation heir would 'protect him'
Aviation heir Dellen Millard stole a Bobcat tractor and a Harley-Davidson motorcycle "for the thrill of it," his friend Andrew Michalski testified Thursday at the trial of the two men accused of killing Hamilton man Tim Bosma.
Testifying in Superior Court in Hamilton for a third day, Michalski, 26, who is from Etobicoke, Ont., told the jury that he probably wouldn't have started stealing things if not for the influence of Millard.
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"I guess I felt safe around him … I can't explain it," the Etobicoke, Ont., man said. "He had money, he could protect me. I was confident he would do that for me."
Millard, 30, of Toronto, and Mark Smich, 28, of Oakville, Ont., are charged with first-degree murder in Bosma's death. Both have pleaded not guilty.
Bosma, 32, who lived in the suburban Ancaster area of Hamilton, vanished on May 6, 2013, after taking two men 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 Millard's farm in Waterloo, Ont.
Michalski, who court heard yesterday was also arrested in connection with Bosma's death but wasn't charged, testified that he lied in statements he made to police in order to protect Millard.
The jury heard that Michalski lied for 60 pages of his 90-page statement to police, not telling them about key elements of the case — like Millard's admission that he stole a pickup truck on May 6, the same day Bosma disappeared.
"You were out to protect Millard ... because of this hold he had on you, this bonding, this persona," Dungey said. Michalski agreed.
'You weren't afraid of him'
Dungey's cross-examination centred on his allegation that due to his wealth and power, Millard held an intense sway and influence over the group of young people around him, and that they "thieved" based on his planning.
"So he could do anything, he was invincible? He could protect those around him who would do this thieving?" Dungey asked Michalski. "That's correct," the witness replied.
Dungey also asked Michalski why, after Millard was arrested, he didn't go to police about the items that he and friend Matt Hagerman had that were connected to the Bosma case. Michalski had a backpack full of drugs from Millard's home, court heard, while Millard had given Hagerman a locked toolbox just before his arrest.
"Mark wanted it," Michalski said.
"So we're going to dump it on Smich, right?" Dungey said. "No, he wanted it," Michalski responded.
Dungey then turned to his client to the courtroom, gesturing to the man who once wore oversized hoodies and had a buzz cut, but now appears in court clean cut.
"A big strapping guy like you isn't going to listen to a small guy like Mark Smich," Dungey said. "You weren't afraid of him."
"I was afraid of him, yes sir," Michalski responded.
iPad message logs examined
This afternoon in court, Ontario Provincial Police forensic computer analyst Michael Ryder took the jury through a series of messages found on an iPad and a BlackBerry that were seized from Smich's home.
The Crown asked Ryder about dozens of messages in an effort to show both that the devices belonged to Smich and to highlight conversations prosecutors allege are between Smich and Millard or Smich and his girlfriend, Marlena Meneses, who is expected to testify at the trial.
One message that the Crown alleges is from Millard dated April 27, 2013, reads: "Headed to waterloo, figure out BBQ situation for this week." The jury has previously heard that Millard referred to the incinerator in which human remains were found as "the BBQ."
The jury also saw messages sent to and from the iPad on the day Bosma disappeared. One incoming message was from at 7:36 p.m., just over an hour before Bosma was last seen, that read: "eta 8pm."
A photo of a gun was also found on the Blackberry, while a Google search from May 18, 2013, for "rounds for 9mm" was found on the iPad.
Contacts on the phone were found for "Dellen The Fellon [sic], Kowallski Mi Negro (a nickname for Andrew Michalski), and Marlena Menses [sic]."
CBC reporter Adam Carter is in the courtroom each day reporting live on the trial. You can view a recap of his live blog here: