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

[Sillybilly]

This is the Babcock murder trial discussion thread.

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:tyou:

 

[Sillybilly]

:rose: Remembering Laura Babcock and waiting for Justice :rose:

link

You are not forgotten ... Rest peacefully, Laura
:rose: :rose:
​

 

[Coldpizza]

Deliberations at Laura Babcock murder trial begin today
By Shannon Martin, CBC News Posted: Dec 12, 2017

Since last Thursday, Justice Michael Code has taken the jury line by line through his 300-page charge, including an overview of all of the evidence and how the jury can reach a verdict.

Code has explained they have three verdict options: first-degree murder, second-degree murder and manslaughter, even though Millard and Smich both face a first-degree murder charge.

"If you have reasonable doubt as to whether Ms. Babcock is dead, then you would find both accused not guilty. You would proceed no further in your deliberations," Code said Monday.

[...]

As part of his charge Monday, Code took the jury through many texts previously seen in court, including ones exchanged between Millard and Smich months after Babcock's disappearance.

On Oct. 13, 2012, Smich wrote Millard, "you still gotta keep everything on the low. Cuz ppl kno to much."

On Nov. 6, 2012, Millard wrote something similar to Smich, saying, "some people already know too much, can't talk about that real life ****."

Code said late Monday he has one final section of the Crown's evidence to review, before he recaps what Millard presented during his defence. He expects the jury to begin deliberating on a verdict by lunch time.

CBC Live Blog

Live Blog Mobile

Court will resume at 10 a.m. ET.

 

[meterclicks]

I can update with Adam's blog once it gets started. Assuming there's a delay due to the weather here in Ontario.

Oops, I guess Adam's gone now Shannon Martin is back.

 

[meterclicks]

Good morning, we are standing by at the Laura Babcock murder trial where deliberations on a verdict are expected to begin today. No jury yet, we'll get started when they arrive.
by Shannon Martin 10:09 AM

 

[meterclicks]

At the end of the day Monday, Justice Michael Code told the jury he's got about 50 pages of his charge left. He will wrap his review of the Crown's evidence, then recap Millard's evidence, and then give his final instructions.

The jury is now in the courtroom.

"I'm about to pass the ball to you," Code says. "You've got to listen to me a little longer."
by Shannon Martin 10:16 AM

 

[Jasper52]

Thanks, meterclicks for posting the tweets! Much appreciated.

 

[meterclicks]

Code begins his charge, page 281 of about 350, talking about the testimony from Marlena Menses. That's Mark Smich's former girlfriend.

Here's our story from when she was in the witness box.

Accused killer Mark Smich's ex-girlfriend saw animal incinerator in use
The ex-girlfriend of accused killer Mark Smich told jury members at the Laura Babcock murder trial about a night when Smich and friend Dellen Millard told her they were testing out a towering animal incinerator.
by Shannon Martin 10:19 AM


Court exhibit

by Shannon Martin 10:20 AM

 

[meterclicks]

Meneses told the court she and Smich did odd jobs for Millard, but weren't officially on the pay roll.

She said Millard paid them instead with fast food, marijuana and would cover their phone bills.
by Shannon Martin 10:21 AM

Code reminds the jury about key parts of Meneses testimony - about the night she saw Millard and Smich "testing" the incinerator.

The Crown believes it wasn't a test, it was the night prosecutors say Millard and Smich burned Babcock's remains inside The Eliminator.
by Shannon Martin 10:28 AM


(Shannon is rather slow with updates...)

 

[dar107]

I am going to predict M1 for both DM and MS with the verdicts coming Friday Dec 15th by early afternoon.

 

[meterclicks]

This photo of Mark Smich was taken July 23, 2012 - the night the Crown argues Babcock's remains were burned, the night Meneses heard a "crackling" sound coming from The Eliminator.

Court exhibit

by Shannon Martin 10:30 AM

 

[flipflop]

I 100% agree

I am going to predict M1 for both DM and MS with the verdicts coming Friday Dec 15th by early afternoon.

 

[Alice Ramnit]

I am going to predict M1 for both DM and MS with the verdicts coming Friday Dec 15th by early afternoon.

I agree...but was thinking perhaps by Thursday afternoon! (48 hours?)

 

[meterclicks]

Code continues his recap of Meneses testimony, all of which the jury has previously heard.

That includes Smich's rap video, about the ashy stone, that has been played numerous times in court. Meneses agreed she was in the video, that it was shot in Millard's basement, and she thought it was likely Millard who filmed it.
by Shannon Martin 10:35 AM

 

[Jasper52]

I'm going out on a limb here....I think they jurors will reach a verdict very quickly. I'm basing this on the various tweets about their body language i.e. rolling eyes etc. I think they are thoroughly disgusted with these two.

 

[meterclicks]

Code says he's now wrapped the Crown's evidence, which included the defence's cross-examination.

We are now moving onto Code's recap of Millard's defence evidence. We're on page 291 of about 350.
by Shannon Martin 10:39 AM

 

[JPC]

I'm going out on a limb here....I think they jurors will reach a verdict very quickly. I'm basing this on the various tweets about their body language i.e. rolling eyes etc. I think they are thoroughly disgusted with these two.

I hope that you are right.


Sent from my iPhone using Tapatalk

 

[DeaconBrodie]

I am going to predict M1 for both DM and MS with the verdicts coming Friday Dec 15th by early afternoon.

After following Code's charge and review of the evidence (some of which I must have missed) I have to agree that they are both going to get M1. When you consider the totality of the evidence against MS, it really is clear that he was involved in the preparations and he had to know that LB was going to be murdered.

I also concur with Friday afternoon. Jurors typically hate to deliberate over the weekend and that should be enough time for them to strong arm any holdouts.

 

[Woodland]

I agree...but was thinking perhaps by Thursday afternoon! (48 hours?)

Good alternative - home for dinner.

 

[Kamille]

Lisa Hepfner‏ @HefCHCHNews
30m30 minutes ago

Jury coming now. #LauraBabcock

Jury here. Justice Code says he's about to pass the ball to them, they just have to listen a bit longer. #LauraBabcock

Marlena Meneses is now 22 yrs and working full time in retail, living at home with mom. She didn't finish Gr. 12. She was Mark #Smich's girlfriend for about a year. Would have been 17-18 when she met him, and in high school. #LauraBabcock

Smich helped Meneses move out of her mother's home and shortly after she left school. "They were together night and day," Code says to the jury. He's wrapping the Meneses evidence. #LauraBabcock

Meneses and #Smich used cocaine and marijuana; Dellen #Millard didn't usually use cocaine, although his friend Michalski testified that Millard used to use cocaine occasionally. By 2012 Millard mostly just vaped marijuana. Judge is explaining that process. #LauraBabcock

Meneses and #Smich would do jobs for #Millard and in turn he would give them places to live, food, and would drive them around. Meneses said Smich and Millard were like brothers, who loved each other. #LauraBabcock

Meneses and Smich spent about 40 per cent of their time at Millard's house and most of the rest at Smich's mother's house. Smich wanted to be a rapper and Millard was going to help him, build him a studio. #LauraBabcock

Meneses and #Smich would party at Iisho's house, who was the gun dealer who testified during this trial. Michalski testified that Millard dated Christina Noudga for about two years. He thought the relationship was monogomous from Noudga's view but not Millard's. #LauraBabcock

Millard texted Michalski while the latter was working in Winnipeg, and told him he and Noudga had broken up, but were back together the following weekend, the judge is saying. Michalski didn't know what had happened. #LauraBabcock

Meneses thought it was odd that Millard had a machine for incinerating farm animals, because he didn't have any farm animals. She saw it one night when Millard picked her & Smich up late one night and drove them to his barn. #LauraBabcock

Millard and Smich told Meneses not to watch what they were doing. They pointed the car away from the barn. She did not see what they were doing, she testified. At some point they came back and swore, saying they needed a plug. #LauraBabcock

So Millard and Smich hooked the incinerator to the Yukon and pulled it to the hangar, where there was power. Meneses didn't see where they plugged in the machine. Justice Code is reminding the jury about the texts about how the incinerator needed power & fuel to operate.

Meneses testified that #Millard and #Smich were at the incinerator for several hours, and said they were testing it. She was frustrated at some point told them she wanted to go home. Eventually fell asleep in the car. #LauraBabcock

They brought the incinerator back to the barn before going home that night. #LauraBabcock

Meneses also testified about being given an iPad from #Millard, and saw Millard and #Smich deleting information from it before they started using it. She thought the iPad came after the incinerator night, but the iPad shows it was used by her July 4, before machine was working.

Meneses recognized herself, Pedo the dog and #Smich in the "ashy stone" video, and the location as Millard's basement. She thought #Millard was likely shooting the video, as the three of them were always together. #LauraBabcock