GUILTY Canada - Taliyah Marsman, 5, & Sara Baillie, 34, Calgary, 11 July 2016 #2

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otto said:
He's telling his life story starting in 2006. What a waste of time.
Beth might want to step in and ask about relevance.
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It wouldn’t surprise me if the defence blamed the auto accident in 2006 for causing a permanent but untreated mental disability.

Also that he’s testifying he was preparing to flee Calgary isn’t helping his case at all, regardless of his stated reason. That must be why one of the media reports included LE photos of suitcases in his garage. Maybe he was already packed, ready to leave, possibly prevented because he was broke?
 
It sounds like he really wants to get out from under the child murderer label, but his cell phone was tracked to the body. Could he be hoping that the jury will forget about the evidence if they hear his story?
 
He has an answer for everything. His friend asked for the duct tape, and he handed it him an 18" long strip.
 
So he randomly decides to go to Sara's house to talk to another drug dealer...she gladly lets Downey and a stranger in, then disappears to her room to have a lengthy argument with some guy she's never met, asks for duct tape, which Downey hands him (ahhhh, THAT'S why his print is on the tape!!!), checks on them arguing because he's concerned, then leaves and never touched either Sara or Taliyah. Yeah, this is all very convincing. Looking forward to this monster being torn apart on the cross. I'm surprised Wolch agreed to this ridiculous concoction. I suppose he figures he's got nothing to lose.
 
otto said:
Is this the some other dude did it defence?
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Sure sound like it like it to me.

So he claims he’s such an upstanding guy that’s he’s forced to whack his girlfriend across the face to prevent her from drunk driving, but he thinks nothing of it when this Terrence guy is having a very loud argument with Sara and asks him for duct tape, which he just happens to have available. So he rips off a strip and that explains his fingerprints.
 
I can’t blame the victims family for walking out. Even the Judge has had enough.

Meghan Grant (@CBCMeg) on Twitter
11m

Anything you would have done differently when in basement suite? Wolch asks #Downey. Judge says "I'm not sure this gets us anywhere," as another victim's family member leaves. That was his last question. Cross-examination starting now.
 
Nancy’s other tweet, what he actually said can’t be typed here but I would bet most of the courtroom was silently applauding his words.

Nancy Hixt (@NancyHixt) on Twitter
There was an outburst by father of Taliyah when Downey denied killing Taliyah...he's now left the court room #Downey
 
MistyWaters said:
Sure sound like it like it to me.

So he claims he’s such an upstanding guy that’s he’s forced to whack his girlfriend across the face to prevent her from drunk driving, but he thinks nothing of it when this Terrence guy is having a very loud argument with Sara and asks him for duct tape, which he just happens to have available. So he rips off a strip and that explains his fingerprints.
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His entire story is laughably stupid. I hope he's torn to shreds today on cross.He's certainly left himself open to having to answer questions on a lot of things that make absolutely zero sense.

Why did you go to Sara's house with 2 strangers for a drug deal?

Why would Sara let 2 strangers into her house?

Why would someone Sara has never met be allowed into her bedroom behind closed doors and start some random argument? That's not a thing.

Why did you have duct tape on hand? And why would you tear a piece of and give it to this mystery man having a mystery argument with someone he's never met?

Why was your car tracked to the area that little girl's body was dumped?

I'm surprised Wolch let him up there - although I guess it's Downey's call. My guess is Wolch desperately tried to talk him out of it.

Downey is not only pure evil, he's dumb as a sack of hammers, too.
 
dogmatica said:
The slow build is tense. The Crown better deliver here.
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I've been wondering about the jury. If someone chooses to believe in Downey's imaginary friends, there could be a problem.

The cell phone provides the proof of where Downey was throughout the day, so the jury needs to have a good understanding of how that tracking works - ideally presented with a visual map of cell phone locations, victim locations, and timeline.
 
So it just happens Terrance isn’t listed in Downey’s “extensive” list of contacts on his cellphone. I’m lost on this one. First Downey claims he agreed to meet this guy at Sara’s to do the drug deal, although he didn’t say why at her place (other than I guess it’s his explanation over why his fingerprints just happen to be on the duct tape). Then he goes off with a story about having no means of having communicated with him.

Ina Sidhu (@CTVInaSidhu) on Twitter
The crown suggests, it would make sense for #Downey to have Terrance's phone number, since Downey said Terrance had 4 kilos of cocaine, and he should have been someone Downey had in his extensive phone contact list
12:05 PM · Dec 13, 2018 · Twitter Web Client

More -

MacPhail: "The reason Terrance isn't in those contacts is because he doesn't exist you were not with Terrance on July 11, 2016"

#Downey: yes I was


The crown is asking #Downey again about the plan to meet with the two men later for the drug deal - at a Tim Horton's on 52nd st & 16 ave ne
 
otto said:
I've been wondering about the jury. If someone chooses to believe in Downey's imaginary friends, there could be a problem.

The cell phone provides the proof of where Downey was throughout the day, so the jury needs to have a good understanding of how that tracking works - ideally presented with a visual map of cell phone locations, victim locations, and timeline.
Click to expand...

Yeah could be but the jury is supposed to weigh the evidence. If Downey’s testimony that Terrance exists is the sole evidence, I’d be very surprised if it poses a serious problem.

But I can see how a SODDI defence has an advantage, since Terrance can’t be proven to exist. Because if Terrance was located, he’d have the opportunity to clear himself, implicating Downey.
 
MistyWaters said:
Yeah could be but the jury is supposed to weigh the evidence. If Downey’s testimony that Terrance exists is the sole evidence, I’d be very surprised if it poses a serious problem.

But I can see how a SODDI defence has an advantage, since Terrance can’t be proven to exist. Because if Terrance was located, he’d have the opportunity to clear himself, implicating Downey.
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Reasonable doubt is the key. If someone on the jury thinks Downey's imaginary friend is plausible, assumes that that Downey is protecting the real culprit (as in: honour amongst thieves), and doesn't understand cell phone tracking, that person might dig in his or her heels and block a guilty verdict.
 
MistyWaters said:
So it just happens Terrance isn’t listed in Downey’s “extensive” list of contacts on his cellphone. I’m lost on this one. First Downey claims he agreed to meet this guy at Sara’s to do the drug deal, although he didn’t say why at her place (other than I guess it’s his explanation over why his fingerprints just happen to be on the duct tape). Then he goes off with a story about having no means of having communicated with him.

Ina Sidhu (@CTVInaSidhu) on Twitter
The crown suggests, it would make sense for #Downey to have Terrance's phone number, since Downey said Terrance had 4 kilos of cocaine, and he should have been someone Downey had in his extensive phone contact list
12:05 PM · Dec 13, 2018 · Twitter Web Client

More -

MacPhail: "The reason Terrance isn't in those contacts is because he doesn't exist you were not with Terrance on July 11, 2016"

#Downey: yes I was

The crown is asking #Downey again about the plan to meet with the two men later for the drug deal - at a Tim Horton's on 52nd st & 16 ave ne
Click to expand...

He's basically saying that Sara was a drug dealer and that she had kilos of drugs at her house. He went to her house to buy drugs but left his money at home. At the same time he was so broke that he was asking people for gas money. He used his imaginary friend's car to drive to his house to get money because he wanted to listen to his friend's stereo. Downey and his imaginary friend then agreed to meet at a specific location in the NE but because he couldn't follow them to that location, he ended up East of the city.

He must have a lot of very stupid people in his life if he expects anyone to believe his bizarre story, but you never know about the jury.
 
I'm quite surprised the Crown didn't ask more probing questions. Like why did this stranger go into Sara's room and argue? What led them to do that?

I hope we have a smart jury here. The Crown wasn't very aggressive.
 
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