Laura Babcock Murder Trial 11.02.17 - Day 9

[Night_is_Mine]

With respect to theories of how LB was killed - there was a text exchange that came up in the TB trial which haunted me -

"Reminds me, Shane's starting modification on the white van for search-and-capture missions," Millard texted Smich.

"I love search and destroy," Smich wrote back. "Lol."

http://cnews.canoe.com/CNEWS/Crime/2016/05/24/22636154.html#1

These two were more psycho than has been exposed , MOO.

Makes me think they drove around killing prostitutes drifters or such...sick sick fks

 

[Night_is_Mine]

As far as the jury is concerned, there is no TB. The death of LB happened before TB, so therefore the current trial "happened" before TB. IMO anything that happened with him is, sadly, irrelevant to LB.

I still find it incredibly hard to believe they found 12 people who never heard of the case but hey I guess it's possible. I just hope these 12 Amish jurors find them guilty.

 

[MorningStar22]

Makes me think they drove around killing prostitutes drifters or such...sick sick fks

Yes, all and with the help of an ignorant lackey or few.

 

[Satchie]

Someone posted this brief comment earlier in the thread

Using phone records and Google Earth maps, Rubelo set out to show in his testimony that both Babcock and Millard's phones hit the same cell site, at 5324 Dundas Street West, near Kipling transit station in Toronto's west end, during the afternoon of July 3.

http://www.cbc.ca/beta/news/canada/toronto/laura-babcock-murder-trial-day-nine-1.4383035

I wish I had detail about the time, there were 4 calls to DM between 3:45 pm and 6:15 pm. Do they mean the phones converged after 6:15? Not really what I'd consider 'afternoon'.

 

[Satchie]

I doubt that his Dad would have allowed someone to be murdered in his home and not tell the police. His Dad was probably out of town. Apparently he did a lot of travelling, so maybe he was on a trip?

If it happened in the evening after 7, WM might have been out for dinner. It occurs to me about all those calls LB made to DM, maybe he was stalling on picking her up because he was waiting for his father to leave the house.

What kind of murderer lives with his Dad, btw?

 

[Satchie]

I agree. Wouldn't someone hear the gunshot shot? If he smothered her during sex that's one thing, but to shoot her...I don't know. Then again, that's where WM was shot.
DM had so many properties available to him it's hard to say.

DM had renovated the basement at Maplegate and installed a bar, perhaps it'd been made extremely soundproof, so as not to bother father and the neighbours.

 

[deugirtni]

I still find it incredibly hard to believe they found 12 people who never heard of the case but hey I guess it's possible. I just hope these 12 Amish jurors find them guilty.

We don't know what the screening questions were for this set of jurors, however it usually goes something like, 'or if you have read about the accuseds, are you able to put it aside and only base your judgement in this case on what you hear inside this courtroom', type of deal.

 

[MrsThreadgoode]

Uggh are you serious? Instead of reporting she's sketching the witness...omg smh

It is not Shannon, the reporter, who is sketching. She can’t do everything. There is a courtroom sketch artist.


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[deugirtni]

I was called for jury duty for the Badgerow trial last yr. Had about 300 people they were choosing from. Glad I didn't make it. If you get called to report for jury duty you can do little to get out of it.

It's actually very easy to get out of jury duty for those that don't want to.. the judge will excuse people who have children/work/home/family commitments/plans, or all it takes is a deliberately wrong answer to one of the screening questions, ie 'have you read anything about this case in the news? 'yes', are you able to base your judgement only on what you hear/see in this trial? 'no, sorry, I don't think I could, because I am already of the opinion that they are guilty'.. pretty much gets one off the hook!

 

[swedie]

Why make a stop with a body in your vehicle that you are on your way to incinerate. Why not just incinerate the phone as well?

Maybe the battery died. Maybe Smich dumped it closer to home.

They weren't on their way to incinerate her body remember. They stored her for three weeks in the barn awaiting the Eliminator to be delivered. They weren't taking the chance of hanging onto her phone just in case. I don't think this idiots were too up on how pings and tracking worked. JMO.

 

[swedie]

I still find it incredibly hard to believe they found 12 people who never heard of the case but hey I guess it's possible. I just hope these 12 Amish jurors find them guilty.

BBM :facepalm: :notgood:
:cow:

 

[deugirtni]

Is there a lawyer or knowledgeable person in our group that could tell me?
Can this trial accept sworn evidence from the TB trial?
Can they call a witness from that trial?
If he gives conflicting testimony can they bring up the other trial?

How can they pretend it never happened?
I would have a hard time sitting on a jury, deciding someone's fate, and pretending.

A witness can be called to both trials if they have testimony relevant to each trial (DM indicated that SS would be on the stand at some point during this trial and he was also a witness at the TB trial). Sworn evidence I would think would pertain only to one trial or the other, so sworn testimony from the TB trial would likely NOT be able to be used, unless they got new sworn, relevant testimony for this specific case. If a witness gave conflicting testimony, I think the court would have to decide whether to pursue perjury charges, but that would not likely be something the jury would be privy to, if it happened. Normally the Crown knows what the Crown witnesses are going to say ahead of time, and I believe they even meet with the witnesses ahead of time to make sure they know what to expect, and know what NOT to talk about in front of the jury. Remember that didn't happen with CN in the TB trial, because although she was a Crown witness, she was not a willing one. (I believe she was considered a 'hostile witness'.)

When you ask how they can 'pretend it never happened', do you mean the LB jury, in relation to the TB trial? The jury would have had to swear under oath that they would base their judgement in this case only on the allowed evidence (as determined by the judge) presented inside the courtroom during *this* trial. I have read that Canadian juries normally take their responsibilities very seriously. There are a certain number of jurors for a reason - if one or a couple seem to be bringing in other details into their judgement in this case, the other jurors would set them straight. jmo

 

[Tealgrove]

They weren't on their way to incinerate her body remember. They stored her for three weeks in the barn awaiting the Eliminator to be delivered. They weren't taking the chance of hanging onto her phone just in case. I don't think this idiots were too up on how pings and tracking worked. JMO.

Now they do! :laughing:

 

[andreww]

DM had renovated the basement at Maplegate and installed a bar, perhaps it'd been made extremely soundproof, so as not to bother father and the neighbours.

Yes a gun is loud, but shot inside a large house the sound wouldn't be noticeable unless somebody happened to be standing outside at that moment. His neighbours would likely be indoors in their big houses and would have heard nothing significant. Also, consider that July 3rd was the day after Canada Day fireworks and the day before July 4th. People hear a bang and they just figure its fireworks. And then consider that cops didn't even start investigating this thing until about a year later, do you think anybody would even remember hearing anything at that point?

 

[andreww]

I'm sure Dungey will say LB sold it to MS so she could buy more drugs or something

He can't just say stuff. He'd have to put Smich on the stand to testify to it, or he would have to put a witness on the stand who either witnessed the transaction or Smich talked to about the transaction.

 

[andreww]

I still find it incredibly hard to believe they found 12 people who never heard of the case but hey I guess it's possible. I just hope these 12 Amish jurors find them guilty.

I'm pretty certain that the jurors may have heard of TB, they'd be looking for people who didn't follow it. However, I'm sure there are some potential jurors that would want a high profile case and would lie about their knowledge of TB. I mean how could someone in Toronto have absolutely no knowledge about this?

 

[andreww]

If it happened in the evening after 7, WM might have been out for dinner. It occurs to me about all those calls LB made to DM, maybe he was stalling on picking her up because he was waiting for his father to leave the house.

What kind of murderer lives with his Dad, btw?

Don't think WM was around a lot. He had a girlfriend, he had a new business that he was building, and he had multiple properties that he could have been staying at.

 

[ILoveDateline]

If someone calls you when your phone is fully powered off, the person making the call will hit the cell tower closest to them, but then it will go straight to voicemail with your phone provider. It won’t try to ring on your phone because your phone won’t be pinging to a tower, so it won’t know how to reach you. That’s why it goes immediately to voicemail without ringing.


Similarly, if someone sends you an SMS message, it will deliver the message via the tower closest to the sender. Then if your phone is off, the message will be stored on a server with your phone provider. Then your phone provider will periodically try to send the queue of messages to your phone, and as soon as you turn your phone on and ping your nearest tower, the message(s) will be delivered.

But while your phone is off, there will be no pings. Unless you have some NSA spyware on your phone, then it would be possible to continue connectivity. Or if you have a “sleep” mode on your phone which resumes network connectivity. When powered off, my phone is completely off with no network connectivity. Same would go for airplane mode; which would cut off all of your network connectivity as well.

Thanks for this. This is what I thought also. But, I think i remember, in the Tori Stafford case, LE was able to distinguish between when MR phone was off and when he had taken the battery out. I could be wrong. I'll have to find a source.

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[andreww]

Would restoring factory settings wipe out old passwords? Then again it was stated that the name was "changed", that doesn't sound like restoring to factory settings IMO.

You would need a password to restore it.

 

[ILoveDateline]

I found this part disturbing:

"Crown attorney Ken Lockhart, who led Thursday's questioning, didn't present any context for jury members as Rubelo listed the data."
http://www.cbc.ca/news/canada/toronto/laura-babcock-murder-trial-day-nine-1.4383035

Me too. Is it too leading to link the cell phone ping evidence with the testimony already heard? The judge even stated to the jury at the beginning yesterday, this will be a test on their memory.

In a business setting, you would do this. Perhaps it's not allowed in the courtroom.

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