Laura Babcock: Dellen Millard & Mark Smich charged w/Murder in the First Degree #1

[Alethea Dice]

If you want to use a computer on a university network, you have to login with your name and password. If you want to use a public library computer, you must swipe your library card. Because you are using verified identification to use the computer, you can be tied to the computer.

When it comes to someone else using your home computer, well, there is a lock on your door, and a password on your computer, and a password on each of your accounts...if someone had total access to DM's computer and was able to get through three or more layers of security like this, why didn't they just steal his money from his bank account?

Don't forget there will be smartphones, which have GPS. If DM's smartphone was mapped to his house at the same time DM's computer accessed Auto Trader and the burner phone's location triangulates to the area of DM's house...behind DM's locked door, and all of his passwords...well what then?

Except that we don't know if his personal home computer was password protected. Not everyone does that. And it appears that more than one person was using that e-mail account, so they would have that password. As for the lock on the door, I don't know how sure we can be of it's use since it's been reported that a number of his friends had lived in the basement at some point. Do we know when MS moved in and moved out, or only that he lived there around the time of WM's death?

GPS can be turned off on a smart phone, as can location tracking if you know about it and how to do it. I think those "pings" would still get you though.

http://www.abcactionnews.com/money/consumer/taking-action-for-you/is-your-smartphone-outsmarting-you-and-following-you

JMO

 

[Alethea Dice]

Very interesting considering that LE doesn't have a body. Considering that the Crown would need to provide the AG with enough evidence to prove that not only is LB dead, but that there was a good likelihood of DM & MS being found guilty, makes me wonder exactly what that evidence would be.
Video's? Pics? Tweets? Emails? Texts? Notes? Eyewitness testimony?

"Penney explained a direct indictment may be used when there is concern evidence against the accused that may not be admitted or admissible in trial, will leak out and potentially contaminate the jury during a preliminary hearing.

He noted there is also a correlation between proceeding by direct indictment and cases that have attracted a lot of public and media attention. Recent cases in the Edmonton media that have proceeded by direct indictment include the case of Baby M and the University of Alberta HUB Mall shooting.

Another reason direct indictment may be used is if there is concern the trial occur in a timely fashion."
http://www.stalbertgazette.com/arti...1/mccann-double-murder-goes-straight-to-trial

Then there's the case of Travis Vader, another direct indictment example, but in this case charges were stayed and Vader was released.
"Vader's lawyer, Brian Beresh, had harsh words for police and prosecutors. He said officers publicly condemned his client without proper evidence and the Crown sped ahead with its prosecution, proceeding by direct indictment rather than holding a preliminary hearing.

"There was not now, and never was, a realistic or serious chance of any conviction," Beresh told reporters outside court. "
http://www.huffingtonpost.ca/2014/03/19/travis-vader-charges-stayed_n_4993650.html

Thanks for this, MsSherlock. I hadn't heard what had happened with that case. Makes you kind of wonder how closely the AG's look over the evidence before approving a direct indictment, and how much they just trust in the Crown's opinion.

JMO

 

[MuhGruff]

To me, it sounds kind of sneaky and undermining of the whole process to proceed straight to trial because evidence that might not even be admissible may leak out before the trial. Considering all the things that have 'leaked out' already that are potentially contaminating the jury pool, it makes it sound a little like the cards are being stacked against the defendant, in my opinion.

I don't see how evidence could leak in a streamlined trial. All it means is the trials start sooner, leaving less time for things to 'leak'. No info was ever "leaked' anyway, just information collected and opinions shared....

The defendant doesn't have a lot of wiggle room to assume innocence anyway, of course he will probably insist he was an innocent bystander afraid to speak against the other which is feeble .

Police seem like they have all the cards they need to trump the defendants who by the way have a long trail of anomalous coincidences trailing their implausible innocence (3 dead, burner phone, truck in trailer at mom's, incinerator, chop shop/auto thefts, the eye picture, and so on and that's only the stuff we know about).

I'm open to the possibility that tb died in an accidental way, maybe LB overdosed and they just had the body, whatever the case may be they can never be 100% innocent of any of it.

 

[robynhood]

YES I AGREE...cell phone pings off the towers MOST DEFNITELY TRACK where the call was made...Again It happened in the TORI trial...Many ppl here will remember the evidence when it went to trial...FYI again.. if curious go back on here to that trial and I personally tweeted the trial into this websleuther site...the accused Michael Rafferty's movement were seen from the info on the tower when he used his cell phone after the murder....it cannot be erased if a cell phone is used...IMO I saw the evidence from that trial...PLUS you will all be amazed at how the crown finds evidence ....consider how highly developed our LABS are today...."DNA marks the spot".....robynhood...I am sure many of you ppl have seen it in other cases here....we shall all let the crown's evidence speak volumes....JMHO here...PLUS remember there are many tasks forces involved in this case....IMO...I think we shall be amazed and shocked....JMHO again..robynhood...

 

[matou]

Millard also has a new attorney for the Laura Babcock and Wayne Millard murder charges. He is now being represented by Ravin Pillay, who has replaced Deepak Paradkar on those two cases.

http://www.annrbrocklehurst.com/201...k-smich-at-the-jane-and-finch-courthouse.html

 

[matou]

Hmmm Pillay seems to defend drug-related murder cases i.e. serious drug running. JMO

 

[Sphinx]

Sort of reminds of the O.J. case -- the defense tried to say that Nicole Simpson was killed by serious drug dealers. It is all about creating reasonable " doubt " .

 

[Sillybilly]

Two posts over in WM's thread (Matou re LB and evidence, and Sphinx re the plank at the farm) made me think …

http://www.websleuths.com/forums/sh...r-in-the-First-Degree&p=11229400#post11229400

http://www.websleuths.com/forums/sh...r-in-the-First-Degree&p=11229891#post11229891

LE initially mentioned to the effect that there were more ashes found at the farm than one would expect for one body. I don't think (or can’t recall) if LE later retracted that statement, so total spec here ..

Is it possible that LB's ashes were mixed in, but LE didn't want it to be known as they were continuing their investigation into LB's disappearance? Given arrests occurred rather quickly and the fact that LE doesn't release investigative info subsequent to an arrest, the results of any forensics would not be made public. IF LB's DNA was found on that plank from the barn, and any of her DNA found in the ashes, that would certainly lead them to conclude that she is likely deceased.

TB was burned beyond recognition (but still somehow identifiable), since LB was missing for so long, it's possible that her remains could have been burned much more completely over time.

 

[Tamarind]

Two posts over in WM's thread (Matou re LB and evidence, and Sphinx re the plank at the farm) made me think …

http://www.websleuths.com/forums/sh...r-in-the-First-Degree&p=11229400#post11229400

http://www.websleuths.com/forums/sh...r-in-the-First-Degree&p=11229891#post11229891

LE initially mentioned to the effect that there were more ashes found at the farm than one would expect for one body. I don't think (or can’t recall) if LE later retracted that statement, so total spec here ..

Is it possible that LB's ashes were mixed in, but LE didn't want it to be known as they were continuing their investigation into LB's disappearance? Given arrests occurred rather quickly and the fact that LE doesn't release investigative info subsequent to an arrest, the results of any forensics would not be made public. IF LB's DNA was found on that plank from the barn, and any of her DNA found in the ashes, that would certainly lead them to conclude that she is likely deceased.

TB was burned beyond recognition (but still somehow identifiable), since LB was missing for so long, it's possible that her remains could have been burned much more completely over time.

Are you suggesting she was still in the incinerator a year later? Wasn't the incinerator supposed to be outside at the mercy of the elements and wildlife? Wasn't it questionable about how big the incinerator was and whether or not a body would fit in? Now two could have been in there? Wouldn't there have had to have been a chopping process to first fit the pieces in? I'm sure I read that a whole body would not fit in.

 

[matou]

I also read that the incinerator had been moved from its regular spot on the farm. So the incinerator was moved around. Why? What was he doing with it? Something, obviously. JMO

 

[Tamarind]

I also read that the incinerator had been moved from its regular spot on the farm. So the incinerator was moved around. Why? What was he doing with it? Something, obviously. JMO

What was who doing with it? Do you know who moved it?

 

[Sillybilly]

Are you suggesting she was still in the incinerator a year later? Wasn't the incinerator supposed to be outside at the mercy of the elements and wildlife? Wasn't it questionable about how big the incinerator was and whether or not a body would fit in? Now two could have been in there? Wouldn't there have had to have been a chopping process to first fit the pieces in? I'm sure I read that a whole body would not fit in.

Sheesh ... I didn't say that "two could have been in there"? That's your interpretation of what I said, and your interpretation is wrong. Ashes have to removed from an incinerator ... it's not a bottomless pit. Yes, we questioned size and model of the incinerator and we have no idea whether dismemberment was or was not involved.

 

[Tamarind]

Sheesh ... I didn't say that "two could have been in there"? That's your interpretation of what I said, and your interpretation is wrong. Ashes have to removed from an incinerator ... it's not a bottomless pit. Yes, we questioned size and model of the incinerator and we have no idea whether dismemberment was or was not involved.

So who has been emptying the incinerator of its many charred remains in your opinion?

It was the following post of yours that led to the confusion sillybilly.

Is it possible that LB's ashes were mixed in, but LE didn't want it to be known as they were continuing their investigation into LB's disappearance? Given arrests occurred rather quickly and the fact that LE doesn't release investigative info subsequent to an arrest, the results of any forensics would not be made public. IF LB's DNA was found on that plank from the barn, and any of her DNA found in the ashes, that would certainly lead them to conclude that she is likely deceased.

Sorry for not interpreting your post correctly.

 

[Sillybilly]

From the photos we've seen, it's pretty apparent that LE was interested in areas other than immediately by the incinerator (sifting of soil):

http://www.websleuths.com/forums/sh...-MAPS-**No-Discussion**&p=9498229#post9498229

It has always been my belief that the large tarped item in the trees (in the second pic) was the incinerator, whether already tarped/protected/camouflaged prior to LE arriving at the scene, or tarped by LE for protection, dunno. If it had been moved into the treed area, it's possible LE is looking at soil where the incinerator was previously positioned or where ashes had previously been dumped.

 

[matou]

Maybe a pile of ashes found on the farm was actually Laura's when LE was looking for Tim Bosma.

 

[Sillybilly]

An ominous reminder of the plank taken as evidence:

http://www.websleuths.com/forums/sh...-MAPS-**No-Discussion**&p=9832673#post9832673

 

[Sillybilly]

So who has been emptying the incinerator of its many charred remains in your opinion?

It was the following post of yours that led to the confusion sillybilly.



Sorry for not interpreting your post correctly.

In my previous post, I simply made reference to there being "more ashes found at the farm" ... I didn't say in the incinerator itself.

 

[cansleuther]

Maybe a pile of ashes found on the farm was actually Laura's when LE was looking for Tim Bosma.

It was confirmed that LB's remains were not found on the farm. If LB's remains were found at the farm, even in the form of ashes, the coroner would have examined them.

Regional supervising coroner Jack Stanborough said his office does not have an “open and ongoing” investigation into Ms. Babcock, meaning her remains were not discovered in his territory, which covers a swath of southwestern Ontario that includes Mr. Millard’s former rural property.

http://www.theglobeandmail.com/news/national/babcocks-remains-not-found-at-dellen-millards-farm/article18476919/


It was later reported that LB's remains were not found anywhere in Ontario.

The provincial coroner’s office has never handled the remains of Laura Babcock.

Police have kept whether her body has been recovered secret from her family. However, the province’s coroner investigates any death by suspected homicide and would be involved if Babcock’s remains were found in the province.

The coroner’s office would only confirm that no remains were uncovered and examined in Ontario.

http://www.thestar.com/news/gta/2014/06/14/dellen_millard_case_laura_babcocks_body_not_recovered_in_ontario.html

 

[Sillybilly]

WADR cansleuther, that is referring to remains, not DNA. It is possible for someone's DNA to be there, but the body not located.

 

[cansleuther]

WADR cansleuther, that is referring to remains, not DNA. It is possible for someone's DNA to be there, but the body not located.

WADR sillybilly , the medical examiner was called in without the discovery of any remains in the Liknes + O'Brien case in Calgary - there was most likely only DNA evidence left at the scene.

Police also called the medical examiner early in the evening -- though details as to the medical examiner's involvement in the investigation was not divulged, police did say that it was not due to the discovery of a body or bodies.

http://www.sunnewsnetwork.ca/sunnews/canada/archives/2014/06/20140630-192745.html