So going from the crowns closing it appears MS needs to have been involved in the killing itself to be convicted, not just the planning and aftermath. That is a tougher hurdle to climb.
Obviously they had to do it on the off chance TB was alive but wonder if police regret nabbing DM alone instead of waiting to get them both at the same time. Those days after DM was arrested allowed MS to get rid of whatever evidence he could get his hands on (phones and guns at minimum but who knows what else he had)
RBBM
This is what the Crown said today;
Jury doesn't have to find both accused guilty of first degree murder, she says. Those who help may be as guilty as those who intend to murder.
If one person physically killed her, the other person can be equally guilty of murder, like in an arranged hitman murder. Same for a driver or a lookout.
"A person cannot decide to help or encourage a killer then say I didn't do the killing. That is not a defence," Cameron says. "People play different roles. Doesn't mean only one person is guilty." Unnecessary for the jury to decide who did the killing.
The jury doesn't have to decide who does what. If one was the killer and the other encouraged, the jury must convict them both of murder. "You may never be able to decide who did what exactly." We may never know. But were they in this together?
"So long as they planned to murder #LauraBabcock and one helped the other, they are equally guilty in the eyes of our law," Cameron says.
Mark #Smich was aware of the conflict with #LauraBabcock. He and #Millard "were like brothers. They loved each other."
Millard mentions "the Laura situation" to #Smich, who does not ask for clarification. "No point in going," until incinerator is ready. On July 3, #Smich does not ask why he should not be outside when #Millard is returning to Maple Gate with.
Smich is clearly involved in the incineration. He's part of the plan from start to finish, crown says. Motive is not an essential element of first degree murder. Crown does not have to prove motive.
"The motive for Mr. Millard is plain and obvious. The motive for #Smich may seem less evident, but is it?" No evidence he had a personal grudge against #LauraBabcock, but he and #Millard were like brothers, and #Smich was dependent on Millard.
"They expressed their brotherly love for each other," Cameron says. #Smich participated in the murder of #LauraBabcock to help #Millard
EDIT to add: In the Crowns closing statements today, they basically said MS was also guilty of M1.