Laura Babcock Murder Trial 12.11.17 - Charge to the Jury - Day 3

[meterclicks]

Smich also writes "Maybe we should get me a dog. Or your neighbour's dog."
by Adam Carter 12:39 PM

Code instructs the jury to consider these texts in the context of assertions the defence has made that this incinerator was built to burn garbage.
by Adam Carter 12:40 PM


There are several texts between Millard and Smich regarding the homemade incinerator that Cole is going over here. The Crown alleges this points to planning and deliberation on their parts, and that Smich was "in on it from the beginning."
by Adam Carter 12:41 PM

 

[MrsThreadgoode]

Something I was noticing this weekend while going over billandrew's timeline. There are no texts between Smich & Millard from June 8 to July 3rd. I think this shows that Smich was not involved in the planning of this murder. He cleaned up, thats it.

There is also the possibility that there are hundreds of texts that were unrecoverable.


Sent from my iPad using Tapatalk

 

[ab-initio]

I get that, but there is a steady stream of texts throughout the month between DM and SS. It just shows that Smich was saying nothing relevant to the case in the weeks leading up to the event. In the TB crime there were incriminating texts galore in the days before. Nothing here.

That's an interesting observation.
Perhaps they were in contact in person -- I believe MS was living with DM during this time.
Or via actual phone call.

 

[inbetweendoors]

Smich also writes "Maybe we should get me a dog. Or your neighbour's dog."
by Adam Carter 12:39 PM

Code instructs the jury to consider these texts in the context of assertions the defence has made that this incinerator was built to burn garbage.
by Adam Carter 12:40 PM

BBM But didn't Dungey assert in his closing that MS believed the incinerator plan was for pet cremation?

 

[MsSherlock]

There is also the possibility that there are hundreds of texts that were unrecoverable.


Sent from my iPad using Tapatalk

or inadmissible MOO

 

[meterclicks]

By June 6, Schlatman is saying the incinerator isn't done, and they are still talking about making modifications.
by Adam Carter 12:43 PM

We're now moving on to some other texts between Millard and Noudga, in which he accuses her of infidelity. He also says he's "not calling you my gf anymore."
by Adam Carter 12:45 PM

Millard later says in another text thought that he "had Christina back over this weekend."
by Adam Carter 12:46 PM

 

[ab-initio]

As long as the phone was turned on, it would still receive incoming texts, even if they were never read, no?

Even if the phone is off, that happens.
I shut mine off when I go to bed and when I power-up in the morning, any missed calls/texts from the time it was powered down, show up.

I just don't know if these "missed/not answered" calls and texts show up on the provider's raw data.
I'd like to think it would, as outbound calls/texts would ...
... but I'm not sure.

 

[inbetweendoors]

Even if the phone is off, that happens.
I shut mine off when I go to bed and when I power-up in the morning, any missed calls/texts from the time it was powered down, show up.

I just don't know if these "missed/not answered" calls and texts show up on the provider's raw data.
I'd like to think it would, as outbound calls/texts would ...
... but I'm not sure.

I thought in that case the texts are stored on the service provider's server until they could be delivered. When you turn your phone on, that's when the texts would show up on the record. If the phone is never again turned on, the texts would never show up.

ETA We might be saying the same thing. I'm very tired lol.

 

[meterclicks]

Now we're seeing texts from June 18 from Millard to Schlatman, where they're talking about buying a commercial incinerator.
by Adam Carter 12:48 PM

We're now moving on to more texts messages between Millard and Matthew Ward Jackson, from June 30.
by Adam Carter 12:50 PM

One of these texts from Ward Jackson refers to a ".32," calling it a "nice compact piece."
by Adam Carter 12:53 PM

 

[ab-initio]

I thought in that case the texts are stored on the service provider's server until they could be delivered. When you turn your phone on, that's when the texts would show up on the record. If the phone is never again turned on, the texts would never show up.

I think we're running the same race, but in different heats here

Right, but as you said ... they wait in limbo somewhere (server) until that time.
So ... the question I am asking is if that phone is never turned on again, is there a record of the calls/texts to it on the server/data for the phone initiating those calls/messages -- notwithstanding whether or not they're actually ever answered/read. I'm talking about as soon as there is an attempt to call/ the message is sent ... is there a record of that?

 

[meterclicks]

In another one of these texts, from July 3, Ward Jackson texts Millard, "if all goes as planned, u will have domes for tonight"
by Adam Carter 12:55 PM

Code now running through Ward Jackson's testimony. You can read that here:

Jury sees photo of handgun purchased by accused killer Dellen Millard at Laura Babcock murder trial
A photo of a .32-calibre handgun was projected on several large flat screens in front of the jury Wednesday at the Laura Babcock murder trial — a firearm sold to accused killer Dellen Millard days before Babcock disappeared in the summer of 2012.
by Adam Carter 12:58 PM

He recently pleaded guilty to trafficking firearms, possession of drugs for the purpose of trafficking, and possession of firearms. He's currently awaiting sentencing.
by Adam Carter 12:58 PM

Ward Jackson was also an aspiring rapper.
by Adam Carter 12:59 PM

 

[Tilly23]

The discussion about the phone pings near the Clairville conservation area had me thinking...do we know which Sleep Country location he visited on the 4th? A quick search shows a store relatively nearby. I don't have the phone ping exhibit handy to check, but could this be the stop in question?

If I am remembering correctly, the pings to Clairville happen on July 3, after DM and LB phones start pinging near Maple Gate. It is just after the last outgoing call from LB's phone (to voicemail) and after DM receives a call from AM. The Sleep Country mattress thing happens on July 4.

MOO

 

[meterclicks]

"He explained his role in the transaction as facilitating the sale of a .32 calibre handgun to Mr. Millard," Code says, about Ward Jackson.
by Adam Carter 1:01 PM

"Mr. Ward Jackson testified that he never did provide ammunition for the gun after the sale was completed," Code says.
by Adam Carter 1:02 PM

Code says there were also calls between Ward Jackson, Millard and Babcock's phone. These were not forensically recovered by police, Code says, and were not included in the exhibit. "Mr. Ward-Jackson could not assist in explaining the subject matter of these missing text messages," Code says. The police couldn't recover them.
by Adam Carter 1:05 PM

 

[inbetweendoors]

If I am remembering correctly, the pings to Clairville happen on July 3, after DM and LB phones start pinging near Maple Gate. It is just after the last outgoing call from LB's phone (to voicemail) and after DM receives a call from AM. The Sleep Country mattress thing happens on July 4.

MOO

Ahh yes you're right

 

[meterclicks]

Ward Jackson said he never asked why Millard needed the gun.
by Adam Carter 1:06 PM

The last phone contact between Millard and Ward jackson was on July 4, around the time the photo was taken of a rolled up blue tarp at Millard's farm. "Mr. Ward Jackson would not say what the phone call was about," Code says.
by Adam Carter 1:08 PM

We're now taking the lunch recess. We're up to page 236 of the charge.
by Adam Carter 1:08 PM

Back at 2:15 p.m.
by Adam Carter 1:09 PM

 

[swedie]

Correct me if I'm wrong, but didn't Millard acquire the Walther in Feb 2012? If so, I'm unsure why the Crown would not have alleged that was the murder weapon, instead of the .32 that may or may not have had ammo by the time of Laura's alleged murder?
Perhaps its relation to the Bosma murder led to its being argued out? If that's the case, choosing to go with the .32 seems... I'm not even sure what word I'm looking for. Sloppy? Deceptive? Something about these gun theories just feels off to me.

IMO I don't think a gun was used in LB's case. There was absolutely no evidence of a shooting in the house in LB's case. I think DM murdered her via over dose or strangulation. I assume he originally intended on using a gun but not in the house where other people where present (his father, MS, MM) and bullet and fragments would cause damage. Plus IIRC he hadn't acquired bullets at the time of LB's murder for the gun he had recently purchased from MWJ. Perhaps he had another plan in mind, maybe of taking her out to the farmland and murdering her with a gun, but the "opportunity" arose where she contacted him just prior to him picking her up at the station, he brought her back to the house and he found another method of killing her without leaving a mess or damaging evidence.

If the creep had it in him to stand over his father and shoot him or put a gun to TB's head, he also had it in him to use other methods to murder. I think he took LB's text to him serious and carried out what she suggested. Sorry I cannot find the text, but she text him something like "I want you to hurt me as you F me." The replacement of the mattress was because she leaked bodily fluids after death, perhaps vomited from an over dose. We will never know what the sick b@st@rd did to LB or what his plans were, but we can be pretty certain he planned to murder her, carried it out and included MS in her disposal, and he is one very warped and sick minded, evil individual. For that he will pay spending the rest of his life in a prison cell....thankfully. All MOO.

 

[Tilly23]

<SNIP>
Code says there were also calls between Ward Jackson, Millard and Babcock's phone. These were not forensically recovered by police, Code says, and were not included in the exhibit. "Mr. Ward-Jackson could not assist in explaining the subject matter of these missing text messages," Code says. The police couldn't recover them.
by Adam Carter 1:05 PM

RSBM

This is interesting! Calls or texts to/from LB's phone from lisho?

MOO

 

[inbetweendoors]

IMO I don't think a gun was used in LB's case. There was on evidence of a shooting in the house in LB's case. I think DM murdered her via over dose or strangulation. I assume he originally intended on using a gun but not in the house where other people where present (his father, MS, MM) and bullet and fragments would cause damage. Plus IIRC he hadn't acquired bullets at the time of LB's murder for the gun he had recently purchased from MWJ. Perhaps he had another plan in mind, maybe of taking her out to the farmland and murdering her with a gun, but the "opportunity" arose where he brought her back to the house and he found another method of killing her without leaving a mess or damaging evidence. If the creep had it in him to stand over his father and shoot him or put a gun to TB's head, he also had it in him to use other methods to murder. I think he took LB's text to him serious and carried out what she suggested. Sorry I cannot find the text, but she text him something like "I want you to hurt me as you F me." The replacement of the mattress was because she leaked bodily fluids after death, perhaps vomited from an over dose. We will never know what the sick b@st@rd did to LB or what his plans were, but we can be pretty certain he planned to murder her, carried it out and included MS in her disposal, and he is one very warped and sick minded, evil individual. For that he will pay spending the rest of his life in a prison cell....thankfully. All MOO.

And again, nothing he would need MS for. Not even sure why he included him in the disposal...except to set up those incriminating pics.

 

[Just4TB]

RSBM

This is interesting! Calls or texts to/from LB's phone from lisho?

MOO

No, I don't read that at all.
Various calls and texts were unrecoverable between DM and MWJ. as well as between DM and LB

 

[Tilly23]

Ward Jackson said he never asked why Millard needed the gun.
by Adam Carter 1:06 PM

The last phone contact between Millard and Ward jackson was on July 4, around the time the photo was taken of a rolled up blue tarp at Millard's farm. "Mr. Ward Jackson would not say what the phone call was about," Code says.
by Adam Carter 1:08 PM

<SNIP>

RBBM RSBM

Now why would DM take a pic of the rolled up blue tarp and then text lisho? :thinking:

MOO