Laura Babcock Murder Trial 12.12.17 - Final Charge - *Verdict Watch*

[DeaconBrodie]

[/B]

RBBM

Maybe I missed it, but Judge Code went over the crowns case, and DM's defense...but did he go over TD defense of MS?

That's what he's doing now.

 

[meterclicks]

Code, "Mr. Smich was always rapping. It is submitted that the 'ashy stone rap' is not about Ms. Babcock. 'Stones' refers to drugs and the evidence of people frequently through into Mr. Millard's pool with their cell phones."

"Mr. Cronin and Mr. Liberatore are unreliable witnesses, ex-heroin addicts," Code reads. Those are the two friends of Smich's who said he confessed to killing a girl and burning her body.

Code concludes Dungey/Smich's position:

"Each accused must be considered separately. The Crown has not proven Mr. Smich guilty beyond reasonable doubt."
by Shannon Martin 1:10 PM

 

[Kamille]

Lisa Hepfner‏ @HefCHCHNews
1m1 minute ago
Smich was always rapping, and the ashy stone rap was not about #LauraBabcock, his defence contends. His former friends Cronin and Liberatore are unreliable ex-heroin addicts.

Lisa Hepfner‏ @HefCHCHNews
57s57 seconds ago
Smich's defence also submits that the crown did not prove Smich guilty beyond reasonable doubt. #LauraBabcock

 

[Kamille]

Lisa Hepfner‏ @HefCHCHNews
46s46 seconds ago
"Concluding remarks to the jury," the judge says this section will help jurors understand their duties. To consult with each other and deliberate with a view to reaching a just verdict based on the evidence. #LauraBabcock

 

[FastLikeLight]

People can imagine all they want. Did they torture her? Good question. But was WM in a bedroom down the hall at the time? Lets not forget his van was in the driveway, and as he had accessibility issues, how could he be somewhere else? IMO this murder was quick and quite, likely done before Millard went for his drive.

Unless they confess after 25 years we might never know. The phones silence that night makes a lot of unnecessary thoughts what they were doing.

 

[andreww]

He refilled the tank TWICE? first fill for LB, one refill for TB so who/what was the first refill for?

It was filled the first time and was used for the test burn/break in and LBs cremation. When SS noticed the smell it was refilled, probably for a completion of the LB burn.

 

[meterclicks]

Code begins his final instructions to the jury, he talks about their duty in the jury room.

"Remember you are judges, you are not advocates for one side or another. If you approach your deliberations calmly, putting forward your views politely and listening closely to the views of others, you will be able to arrive at a just and proper verdict."

He reminds them their deliberations are secret. "In fact it is a criminal offence to divulge what was said in your jury room during your deliberations."
by Shannon Martin 1:14 PM

 

[Kamille]

Lisa Hepfner‏ @HefCHCHNews
3m3 minutes ago
Judge says it is unwise for jurors to take a rigid position from the beginning, because it makes it difficult to consider the wisdom of fellow jurors. "Put your own views forward in a reasonable way." They are judges, not advocates, he says. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews
2m2 minutes ago
"Listen to each other. Keep an open mind." Judge reminds jury their deliberations are secret, forever. This allows them to have full and frank discussions. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews
36s36 seconds ago
First task will be to choose a foreperson, who will "chair the meetings" and keep the discussion from wandering, and complete the verdict sheet whenjury is ready. #LauraBabcock

 

[dar107]

That's what he's doing now.

Yes, I can see that now, Thank-you. I was thinking back the last few days and recall him going over DM "evidence" but until now I do not recall him mentioning Dungey. Now I think that is because TD did not call any "evidence"

 

[billandrew]

No matter how stupid the pet cremation business was, Millard told that to his IT buddy who later related the story to Millards uncle. That is solid evidence that Millard was floating this story to at least some people. We really don't have any evidence to support a theory that Millard confided to Smich that the incinerator was for humans, so technically the comments from Smich could go either way. Does he look happy in front of that machine? Sure he does, but it was just a dead body at that point and we don't know what Millard had promised him for his participation. Recording equipment? Cadillac? So is he smiling because he loves burning bodies or is he smiling because he just hit pay dirt?

Do you consider what DM told others about the incinerator’s intended use to be credible? I don’t. IMHO they were lies he told people when they asked what that giant smoker thing with “The Eliminator” written across it was.

MS’s participation in the incinerator was much more intimate and involved than anybody else in DM’s circle. DM never asked SS to go to the farm with him after dark to test it out. DM and MS had a secret purpose for the incinerator that nobody else was privy to. DM had no reason to lie to MS because MS was in on the whole plan from day one. IMHO these are all reasonable inferences to draw from the evidence in this trial.

 

[andreww]

Unless they confess after 25 years we might never know. The phones silence that night makes a lot of unnecessary thoughts what they were doing.

That silent time wasn't huge. Millard returned about 8:25 from his drive. Smich texted at about 12:40 asking if he was around. So obviously Smich hadn't just been with Millard. So lets say 8:25 to maybe 11:40. Maybe Smich watched a movie with MM or something?

 

[meterclicks]

Code goes onto the jury about their role:

"You must be unanimous in your verdict in respect to the offence charged, or any included offence, and in relation to each accused...It is only the final verdict on the offence charged or any included offence in relation to each accused that must be unanimous."

He adds, "It is also the right of jurors to disagree, but I know you will do your best to come to an agreement."
by Shannon Martin 1:18 PM

 

[Oreck]

BBM, I totally disagree. In fact I think there is an absence of evidence linking him to the planning of this crime. A few texts about bones? It has been showed time and time again that Millard was using either the garbage or animal incineration story to explain the incinerators presence. You are assuming that Smich was the only person he told of his true intentions. Smich suggests testing on a dog, which would be in line with what he was told.


That said, the judge did not make it overly clear in his charge to the jury that Smich's assistance needed to be before or after the actual killing. So technically Smich assisted in the crime by helping dispose of the body (I think we all agree on that). Is that M1? I'm not sure at this point?

I have been looking back through Judge Code's Charge to find where he talked that an AATF could be murder 1 but I can't find it.
Can anyone help here?

 

[inbetweendoors]

I have been looking back through Judge Code's Charge to find where he talked that an AATF could be murder 1 but I can't find it.
Can anyone help here?

Assistance after the fact is not M1, unless it could be proven that a person helped plan and encouraged the execution of a murder in order to be able to physically assist afterwards. That is my understanding.

 

[meterclicks]

Code tells the jury:

"You must not concern yourselves with its consequences. They are completely irrelevant to your deliberations and your responsibilities. In determining guilt or innocence of Mr. Millard and Mr. Smich, you should not be influenced by any outside consideration...

"Your obligation is to decide this case fairly and objectively on the basis of what you have seen and heard in the courtroom."

He reminds them to disregard media reports and social media accounts about the case or the co-accused.
by Shannon Martin 1:21 PM

 

[Sphinx]

People can imagine all they want. Did they torture her? Good question. But was WM in a bedroom down the hall at the time? Lets not forget his van was in the driveway, and as he had accessibility issues, how could he be somewhere else? IMO this murder was quick and quite, likely done before Millard went for his drive.

You make a good point about Wm. being in the house(modsnip). DM may have checked, and known that was the case. I have never watched a snuff film, nor do I want to, but I am speculating that they could also be films of something quick and quiet, like strangulation during sex, which would mean that MS may have filmed it, while DM killed her. They both really liked videos, and made several others that we have seen. I think they may have wanted a trophy copy of their first murder. In fact, DM might have just driven to the Camp and showed CN the film, and not risked driving the body around anymore than he had to. As you say, this is all just me imagining things, but I think these 2 are likely to have carried out such acts. IMO

 

[meterclicks]

Code tells the jury he's here to answer any questions they may have during deliberations. He asks them to put questions in writing, so he can clearly understand what they are asking and he'll try and respond as soon as possible.
by Shannon Martin 1:23 PM

 

[Kamille]

Lisa Hepfner‏ @HefCHCHNews
6m6 minutes ago
Jury must be unanimous in the final verdict, in relation to any offence and any accused. They don't have to agree about the evidence or facts. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews
5m5 minutes ago
"I know you'll do your best to come to an agreement," judge says. If they can't they'll report to the judge, but "no jury will be better able to decide this case than yourselves." #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews
5m5 minutes ago
If the judge brings them back to review part of his charge after speaking with the parties, the jury shouldn't think that part is any more important than any other part of the charge. #LauraBabcock

 

[FastLikeLight]

That silent time wasn't huge. Millard returned about 8:25 from his drive. Smich texted at about 12:40 asking if he was around. So obviously Smich hadn't just been with Millard. So lets say 8:25 to maybe 11:40. Maybe Smich watched a movie with MM or something?

Movie - that the best time to chat on phone LOL
Still that's a huge period - 3 hours.

 

[andreww]

Do you consider what DM told others about the incinerator’s intended use to be credible? I don’t. IMHO they were lies he told people when they asked what that giant smoker thing with “The Eliminator” written across it was.

MS’s participation in the incinerator was much more intimate and involved than anybody else in DM’s circle. DM never asked SS to go to the farm with him after dark to test it out. DM and MS had a secret purpose for the incinerator that nobody else was privy to. DM had no reason to lie to MS because MS was in on the whole plan from day one. IMHO these are all reasonable inferences to draw from the evidence in this trial.

Hindsight my friend. Whether I believe him or not, its obvious that the people he told at the time did. It is plausible that Smich could have thought the machine was for animals until Millard confided that he killed Babcock and that he needed Smich's help to dispose of her. This could have been Millards way of edging Smich in to the Murder game. I'm sure he had no problems talking MS into the TB plan after the LB crime.