Violent rap lyrics about guns, killings and running from police had nothing to do with the death of Tim Bosma, the Hamilton man's accused killer told court Tuesday as he defended his profanity-laced creations.
Court has seen rap lyrics and one rap video that police found on Mark Smich's iPad, which Smich — under a second day of cross-examination by the lawyer for his co-accused — repeatedly said were art, and didn't reflect reality.
"I'm a freestyle lesson with no question," a shirtless Smich rapped in one video shown to court. "I'm killing you in possessions, it's mine."
"That means I'll kill you and take your things?" Dellen Millard's lawyer — Nadir Sachak — asked Smich after the video played.
"I would rhyme about these things like a Cadillac, but I never had a Cadillac, never had a gun, never owned a gun," Smich said, adding that he writes about money, but he's broke, and he doesn't have a driver's licence.
Smich and Millard have pleaded not guilty to first-degree murder in the death of Bosma, who vanished on May 6, 2013, after taking two strangers for a test drive in his truck.
Sachak read some of Smich's lyrics, which were filled with expletives and slang, in court: "I'm runnin' away from the police in a cash race."
Millard's lawyer tried to pin down Smich on when he wrote those lyrics, when Sachak made a mistake on the time period.
"Could be one of those brain cramps again, sir. You're under a lot of stress," Smich said to Sachak.
Earlier, Sachak asked Smich if he was the one who shot Bosma and wrote about it afterward.
"When you pulled the trigger, did you say, 'you're deceased kid?"' Sachak asked, referencing some of Smich's rap lyrics.
"I was not there," Smich said.
Smich said he was a prolific rap writer and said he often wrote with Millard. He said Millard had dreams of building a studio for Smich to record songs for his apparent rap career, which never got off the ground.
The studio was never built, Smich said.
Last week, Smich told court Millard fatally shot Bosma and burned his body in an incinerator, which he said he had nothing to do with and only helped clean up the mess. He also said he buried the gun he claims Millard used to kill the Hamilton father, but doesn't remember where, just that it's in a forest somewhere in Oakville, Ont.
On Tuesday, Smich blamed his former girlfriend and friend for planting the idea in his head to bury the gun. He told court he had tried, unsuccessfully, to sell the gun.
"When you look at the chain of events, the gun is buried somewhere, we don't know where, but they're at fault because, had they not made the suggestion, the jury may be looking at the gun right now?" Sachak asked.
"That is correct," Smich said. "I was foolish at the time."
The gun has never been found.