Laura Babcock Murder Trial - *GUILTY*

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gremlingrrl said:
Getting a little tense in the lineup outside courtroom 6-1. Some conflict between public spectators who don't know own each other outside of the courtroom. Awkward.
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Hey gremlingirl! Let us know if you see any family members of the suspects, ok? Hope you get in.
 
I think he will give consecutive sentences to both. There simply was no reason to kill either of these people, in fact the crimes would have been simpler if they didn't. They obviously enjoyed it. I don't see any redeeming qualities in either of these two.
 
Picking up LH tweets until I get called away at work. :)

Lisa Hepfner‏ @HefCHCHNews
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Sharlene #Bosma has arrived at T.O. court for #Millard #Smich sentence decision in #Babcock murder. Consecutive or concurrent sentences? 2:30pm start for judge decision. Media are gathering. @CHCHNews 6pm full story.

#Bosma and #Babcock families embraced outside court before sentencing. We are in the courtroom now, largest one in courthouse. #Millard and #Smich sit in prisoner box, both heavily bearded, backs ramrod straight.

Justice Code is now in the room. He'll read his 27.5 page judgement over the next hour or so. @CHCHNews

"Overview." The accused, #Millard and #Smich, were convicted of the Murder of Laura #Babcock on Dec. 16. Normally they would be sentenced immediately after to life in prison no chance of parole for 25 years. "However this is not a normal case."

The accused had already been sentenced for the murder of Tim #Bosma, and so the #Babcock conviction was their second, for first degree murder. Historically, life sentences have been served concurrently, because life is life and you only have one life.

When parole ineligibilities were changed in 1976, murders continued to be served concurrently. In 2011 federal government changes allowed for life sentences to be served consecutively. Before the offences by #Millard and #Smich were committed. #Babcock #Bosma

The jury recommendation provision says that when a jury finds an accused guilty when the accused has already been found guilty in a prior trial, the jury can recommend consecutive or concurrent parole eligibilities. The #Babcock jury was given this option

All 12 jurors said #Millard should serve the maximum consecutive... five jurors said #Smich should serve consecutive and seven had no opinion on Smich. Crown wants consecutive and defence wants concurrent sentences.

Code: "facts relating to the offence." Complex evidence heard over six weeks. Judge won't repeat the evidence. #LauraBabcock.

The jury found that #LauraBabcock is dead, and died as the result of an unlawful act, although those points were in contention before trial, judge says.

Both accused participated in the act that caused #LauraBabcock's death. Both had the requisite states of mind for murder. #Millard planned and deliberated on murdering Babcock, and #Smich helped him carry out the murder, judge says these points were satisfied by the jury.

All MOO.
 
Lisa Hepfner‏ @HefCHCHNews
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It was a circumstantial case, with an unknown crime scene and no body, the judge says. No direct evidence of the exact act committed by those who killed her, Justice Code says. #LauraBabcock

The jury didn't have to decide which accused was the "principal" and which was the "aider & abettor," because both are treated the same way under the law, Justice Code says. The jury didn't have to know how #LauraBabcock died, either.

The jury did have to be satisfied that both accused, #Millard and #Smich, knowingly participated in #Babcock's murder.

Code is satisfied of the following points: #Millard formed a motive to kille #Babcock, expressed in graphic terms, in 2012 text messages with his girlfriend Christina Noudga, because Babcock was causing difficulties in their relationship.

However #Millard and #Smich had another motive, around guns and drugs and theft and murder, Code says. He didn't allow some of the evidence in the #Babcock murder trial because it was too prejudicial

The second motive became apparent in the building, testing etc of an animal incinerator that was purchased in order to incinerate bodies, and they became the reasons for #LauraBabcock's murder, Code says.

June 2012 #Millard bought a large animal incinerator & #Smich was involved in acquiring and testing the machine. #Millard bought a gun and started texting #Babcock repeatedly. 6:16 pm July 3 was their last text conversation. Millard had the gun and was expecting bullet that night

Millard picked up #Babcock from Kipling station, and took her back to his Etobicoke home, where #Smich was waiting. "Don't be out front" when we arrive, #Millard told #Smich as he was arriving with #Babcock.

Judge is satisfied that the jury found both #Millard and #Smich participated in the homicide. Millard and Smich incinerated her remains July 23, 2012. Smich posed happily and proudly in a photograph in front of the eliminator and Millard took a photo of her ashes burning inside.

All MOO.
 
Lisa Hepfner‏ @HefCHCHNews
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Immediately, #Smich began composing a rap song about #LauraBabcock's murder, and he later used the rap to boast about his "criminal exploits" to his young Oakville friends, including the murder of #LauraBabcock.

Few parents have to witness trophy pictures of their daughter's murder. Those images will never leave any of our minds, Justice Code says. He's reading part of #Babcock family impact statement.

bbm Sooo sad!! ☹

All MOO
 
Lisa Hepfner‏ @HefCHCHNews
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Millard did not testify at either murder trial but we heard from his mother in an impact statement. He was 27 years old when he killed #TimBosma. He had an advantaged upbringing, parents divorced when he was 11. Later worked for family business, MillardAir.

Millard's mother, some women who met him, fellow prisoners and a couple of guards said that #Millard could be friendly and helpful. Judge says he witnessed some of this. "He is clever" but his text messages show he is amoral, judge says.

Millard would be 77 before getting out of prison if he gets consecutive sentences. Smich is two years younger, 30 years now. 25 years when #TimBosma killed. He testified in Hamilton's #Bosma trial.
 
Lisa Hepfner‏ @HefCHCHNews
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Smich's dad left when he was three; paid child support but was estranged from family. #Smich dropped out of high school; his family says he had untreated ADHD. Developed a drug problem after dropping out. #Babcock #Bosma

Millard helped Smich financially, and promised to help him advance his rap career. #Smich emulated a gangster persona, Code says. First arrested for theft etc at 16 years.

Liam Casey‏Verified account @liamdevlincasey
Judge on Dellen Millard: "He is clever and knows how and when to deploy a more socially acceptable side. His text messages and criminal behaviour, however, reveal a profoundly amoral character."
 
Lisa Hepfner‏ @HefCHCHNews
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Millard was the big brother Smich never had, Smich "was intoxicated by the fact this guy wanted to hang out with him," Code says, quoting someone I didn't catch.

Smich will be 75 before he can apply for parole if sentences are consecutive. He passed his high school equivalency in prison and is now taking college courses. Has two "misconducts" from Toronto East Detention Centre.
 
Lisa Hepfner‏ @HefCHCHNews
The main issue is whether the mandatory sentence with 25 years parole ineligibility should be concurrent or consecutive, judge says. #LauraBabcock

Code says consecutive sentences can happen: 1) When the accused is under sentence for an offence or when the accused is 2) Convicted of more than one offence. #LauraBabcock

OMG the tweets are coming in slowly and the suspense is killing me!

All MOO
 
Lisa Hepfner‏ @HefCHCHNews
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A life sentence does not expire until the offender's death, so any consecutive sentence would be an impossibility, judge is reading court opinions. #LauraBabcock

People come out of life imprisonment while still alive, but they are still on sentence when they come out, judge says, reading a leading decision. So the offender might get out after 25 years but they would face parole restrictions.
 
brightii said:
Lisa Hepfner‏ @HefCHCHNews
The main issue is whether the mandatory sentence with 25 years parole ineligibility should be concurrent or consecutive, judge says. #LauraBabcock

Code says consecutive sentences can happen: 1) When the accused is under sentence for an offence or when the accused is 2) Convicted of more than one offence. #LauraBabcock

OMG the tweets are coming in slowly and the suspense is killing me!

All MOO
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For sure, and if he's not going to go over the evidence, what the heck is he going to talk about for the next hour???
 
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