Laura Babcock Murder Trial 11.21.17 - Day 19

[Spartygirl]

Hmmmm...pretty LONG break !!

I will try to keep posting the BLOG from Shannon Martin, CBC News.

 

[DeaconBrodie]

But again, doesn’t this implicate someone for a murder charge? The knowing it happened and didn’t do anything to report it but help cover it up? I remember a discussion came up about this for TB trial and a lawyer chimed in on it. I could be wrong though.

There is no law in Canada that requires a person to report a crime that has happened or that is going to happen with the exception of certain complex situations involving lawyers and medical professionals.

There are however laws which prevent people from assisting others to commit crimes or to cover up crimes that have already been committed.

 

[andreww]

I was one on the fence about MS through the TB trial. Back then I didn’t believe he knew that DM was going to kill TB but with this new trial and his sick new rap lyrics, I believe he knew for both TB and LB and wouldn’t doubt if he’ll be called on stand for WM trial for knowing DM killed his own father.

JMO

Hmm, really? Though I wasn't positive that Smich had advance knowledge of TB, I leaned that way. After this trial I see him as a guy that is taking more credit than he deserves. He helps clean up the mess then boasts that he was in on the whole thing. I'm seeing Millard as the ruthless killer, Smich as a guy without a conscience that has hooked himself to Millards wagon.

 

[Spartygirl]

Nov 21 2017 4:09 PM
Justice Michael Code says he's going to give Millard and Smich's lawyer the rest of the day to prepare to cross-examine Michalski.


"The Crown has two witnesses left to call. Neither of them are lengthy. We are very very much ahead of schedule again... We'll probably have a short day tomorrow," says Code.


The jury is dismissed. We're back at 10 a.m. ET Wednesday.

That's all for Today !!

 

[Tealgrove]

But again, doesn’t this implicate someone for a murder charge? The knowing it happened and didn’t do anything to report it but help cover it up? I remember a discussion came up about this for TB trial and a lawyer chimed in on it. I could be wrong though.

Yes and no.

The charges would be different. Knowing about it after the fact and helping clean up, i.e., disposal is NOT MURDER. It's accessory, it's a whole bunch of other stuff.

The Crown believes they have enough evidence to prove that MS killed Laura along with DM.

 

[andreww]

There is no law in Canada that requires a person to report a crime that has happened or that is going to happen with the exception of certain complex situations involving lawyers and medical professionals.

There are however laws which prevent people from assisting others to commit crimes or to cover up crimes that have already been committed.

But what are the jurors options here? I know they generally have latitude with Manslaughter/M1/M2, but could they find him guilty of covering up the crime or would that require new charges and a new trial?

 

[lclabtech]

This trial feels rushed. I feel like I didn’t get as much information as we could’ve. Obvious questions went unasked.


Sent from my iPhone using Tapatalk

 

[Just4TB]

So he was trying to get in to her pants just before he went to Winnipeg, then all of the sudden he doesn't think highly of her? What happened to change his thinking on her?

Perhaps there was no change, and he didn't think highly of her while trying to get in her pants.

 

[DeaconBrodie]

Hmm, really? Though I wasn't positive that Smich had advance knowledge of TB, I leaned that way. After this trial I see him as a guy that is taking more credit than he deserves. He helps clean up the mess then boasts that he was in on the whole thing. I'm seeing Millard as the ruthless killer, Smich as a guy without a conscience that has hooked himself to Millards wagon.

What evidence do you have that Smich has a conscience?

I'm not suggesting that he doesn't, but I haven't seen any evidence of it

 

[andreww]

What evidence do you have that Smich has a conscience?

I'm not suggesting that he doesn't, but I haven't seen any evidence of it

Read it again, I said "without a conscience".

 

[Jealoushe]

Strung out on drugs, I believe that. However, these moments are HUGE, and at a time in life where, imo, are critical to who one becomes as time passes. That's alot of crap that MM has been through in a short period of time. Ex-bf charged and convicted of murder...I'm sure she's spent many nights awake thinking about all of this. Just my opinion but I think she's been selective in her "memories" brought forward

Honestly having been through something not quite as traumatizing but similar, your memory can be blocked by these experiences. Having given statements and watched them a year later again prepping for trial, I didn't remember half of what I said. Details of the event were and still are foggy.

Not saying MM is an angel by any means, but drugs, and trauma can make it difficult to recall things.

 

[brightii]

Hmmmm...pretty LONG break !!

I will try to keep posting the BLOG from Shannon Martin, CBC News.

Lisa Hepfner’s tweet:

Crown's case may close this week, judge tells jury. Well ahead of schedule. Back tomorrow morning. #LauraBabcock
4:08 PM - 21 Nov 2017

We're done now for the day, Spartygirl. Thank you for posting CBC's blog / Shannon Martin.

 

[andreww]

Honestly having been through something not quite as traumatizing but similar, your memory can be blocked by these experiences. Having given statements and watched them a year later again prepping for trial, I didn't remember half of what I said. Details of the event were and still are foggy.

Not saying MM is an angel by any means, but drugs, and trauma can make it difficult to recall things.

Come on, I remember every second about the first time I fired a gun and I was six years old.

 

[DeaconBrodie]

But what are the jurors options here? I know they generally have latitude with Manslaughter/M1/M2, but could they find him guilty of covering up the crime or would that require new charges and a new trial?

I believe that MS has also been charged with committing an indignity to a human body which I would assume he will be convicted of. The maximum penalty for that is 5 years imprisonment which would likely be consecutive to his life sentence and certainly wouldn't help his parole chances.

I don't see evidence here so far for M2 or even manslaughter for MS.

 

[redwing7225]

Honestly having been through something not quite as traumatizing but similar, your memory can be blocked by these experiences. Having given statements and watched them a year later again prepping for trial, I didn't remember half of what I said. Details of the event were and still are foggy.

Not saying MM is an angel by any means, but drugs, and trauma can make it difficult to recall things.

I respect your opinion and agree, everyone's brain and ability to retain information isn't the same. Police statements from MM in 2013 may have differed, she may have felt safe over time to open up a little more about her version of the truth. She may also be sticking to what she "believes" to be the truth to keep her hands clean. Only she will know.

 

[Ashley96]

Yes and no.

The charges would be different. Knowing about it after the fact and helping clean up, i.e., disposal is NOT MURDER. It's accessory, it's a whole bunch of other stuff.

The Crown believes they have enough evidence to prove that MS killed Laura along with DM.

I keep saying I need judges instructions to make decision on MS.

Haven't I read somewhere though (at TB trial?), that if it can be proven that MS was in on the planning of a murder(s) (ie researching, testing out eliminator...) that that is good enough to convict for M1? He doesn't have to be there in the room to pull the trigger or anything... ??

 

[dar107]

IIRC correctly, the judge in TB trial gave the jury a "Decision Tree" to help them reach the verdicts.

 

[andreww]

I believe that MS has also been charged with committing an indignity to a human body which I would assume he will be convicted of. The maximum penalty for that is 5 years imprisonment which would likely be consecutive to his life sentence and certainly wouldn't help his parole chances.

I don't see evidence here so far for M2 or even manslaughter for MS.

Agreed. But how do they decide between concurrent and consecutive sentences?

 

[DeaconBrodie]

I keep saying I need judges instructions to make decision on MS.

Haven't I read somewhere though (at TB trial?), that if it can be proven that MS was in on the planning of a murder(s) (ie researching, testing out eliminator...) that that is good enough to convict for M1? He doesn't have to be there in the room to pull the trigger or anything... ??

He does not, but he has to actively and knowingly do something to assist with the commission of the offence.

 

[Jealoushe]

Come on, I remember every second about the first time I fired a gun and I was six years old.

firing a gun is not a traumatic event.