Laura Babcock Murder Trial 11.10.17 - Day 14

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Sillybilly

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This is the Babcock murder trial discussion thread.

A few general reminders about the trial:

Any testimony that might remain under Publication Ban, and/or any courtroom discussion that takes place when the jury is not present, is strictly off-limits.

Only testimony that is published through MSM reporting (newspaper articles, tweets, tv) is allowed. Provide a source link, and keep discussion focused on testimony as it becomes public knowledge.

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

1297999253571_ORIGINAL.jpg

link

You are not forgotten ... Rest peacefully, Laura
:rose: :rose:
 
Laura Babcock murder trial: Jury sees animal incinerator Crown alleges was used to burn body
By Adam Carter, CBC News Nov 09, 2017

Warning: This story contains graphic subject matter

For the first time at the Laura Babcock murder trial on Thursday, the jury saw the huge animal incinerator that the Crown alleges was used to burn the Toronto woman's body.

Court saw photos of accused killer Mark Smich standing in front of the imposing black machine — smiling from ear to ear — and a screen capture found on co-accused Dellen Millard's computer, from a website asking, "What temperature is cremation done at?"

The Crown alleges Babcock, 23, was burned in the incinerator, dubbed "The Eliminator" by the manufacturer, after she was killed by the pair in July 2012.

DONzqb3UEAA_YR6.png


Falconer's presentation included a photo shot at 2:40 p.m that day that was recovered from one of Millard's computers. It showed a blue tarp, rolled up, with a dog sitting next to it. The Crown has not explained the significance of the photo.
 
Laura Babcock murder trial: OPP veteran faces more cross-examination
By Adam Carter, CBC News Nov 10, 2017

A witness considered crucial to the Crown's case will face more cross-examination on Friday at the trial of two men accused of killing and incinerating Toronto woman Laura Babcock.

Retired OPP officer Jim Falconer will be back in the witness box for a fourth day — answering questions from the defence about messages, photos and videos found on electronic devices seized from homes of the two accused — Dellen Millard, 32, of Toronto, and Mark Smich, 30, of Oakville, Ont.

CBC Live Blog

Live Blog Mobile
 
I'm back at the courthouse today for the last day of the Laura Babcock murder trial this week.
by Adam Carter 9:17 AM
 
It's expected that Mark Smich's lawyer, Tom Dungey, will begin his cross of retired OPP officer Jim Falconer this morning.
by Adam Carter 9:19 AM

Dellen Millard's cross is still open from yesterday though (he's representing himself), so there's a chance he may ask some more questions first.
by Adam Carter 9:20 AM
 
We're in the courtroom now, just waiting on the jury.
by Adam Carter 9:32 AM
 
We're now in session, just waiting on the jury.
by Adam Carter 9:38 AM
 
Any help with the tweets is greatly appreciated. ;)
 
The jury is now coming in. We're getting started.
by Adam Carter 9:43 AM
 
"As often happens if you give a cross examiner overnight, he finds a couple more questions to ask," Justice Code says. Millard is now continuing his cross.
by Adam Carter 9:45 AM

I'll try to make this as clear as possible, but it was quite difficult to understand a lot of his points and questions yesterday.
by Adam Carter 9:46 AM
 
Adam Carter‏Verified account @AdamCarterCBC 1m1 minute ago
He's asking about backups with iTunes and iPhones, and how a user has to choose to do a full backup of their phone. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews 2m2 minutes ago
Falconer doesn't agree that syncing a device and backing it up are the same thing. "The backup and restore is more fulsome."
"That's actually quite fair, thank you," #Millard responds.
 
He's asking about backups with iTunes and iPhones, and how a user has to choose to do a full backup of their phone.
by Adam Carter 9:47 AM

Millard is asking if backup files can be deleted. Falconer says yes. "There's no special programming guard within iTunes that would prevent a person from deleting them, is there?" Falconer says no, he doesn't believe so.
by Adam Carter 9:50 AM
 
Now messages from Millard and "Kowalski" from July 2012. I'm not really sure what's being said here. Seems to be something about sex.
by Adam Carter 12:44 PM

Lisa Hepfner‏ @HefCHCHNews 8s8 seconds ago
Next conversation with Kowalski. first a pic, no message, then, "What you do?!" "You told me the only way to make her *advertiser censored*." "You asked me if I minded if you." "That was the last I heard of her." #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews 4s4 seconds ago
The photo was a shot of #LauraBabcock and the headline "Police looking for woman last seen in Roncesvalles 3 weeks ago"

There was a screen shot here too. It's of a news story about police looking for Laura Babcock. One of the messages in that exchange read "what'd you do?"
by Adam Carter 12:45 PM

The news story was sent by Kowalksi.
by Adam Carter 12:45 PM


Interesting AM's spelling here. Is he at this point thinking LB died during sex with DM? As in something like a choking sex game?

edit: ... sorry... didn't realize we'd already started today. Above is from yesterday.
 
Lisa Hepfner‏ @HefCHCHNews 17s18 seconds ago
There's nothing to prevent a person from deleting files from Windows, #Millard says. These backups weren't deleted. Falconer agrees. #LauraBabcock

Adam Carter‏Verified account @AdamCarterCBC 50s50 seconds ago
Millard is asking if backup files can be deleted. Falconer says yes. "There's no special programming guard within iTunes that would prevent a person from deleting them, is there?" Falconer says no, he doesn't believe so. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews16s16 seconds ago
Deleted files don't disappear from a computer do they? Falconer wants to make sure #Millard is asking about a computer and not an iPhone, because the devices handle deletions differently.

Adam Carter‏Verified account @AdamCarterCBC 29s29 seconds ago
Millard now asking about deleting files on phones and computers. He says data might still sit there after deletion until something overwrites it, so it could be recovered. Falconer says yes, typically that's the case. #LauraBabcock

Adam Carter‏Verified account @AdamCarterCBC 1m1 minute ago
Falconer now talking about how deleting files can be different on a phone, versus a computer. #LauraBabcock
 
Millard is asking if backup files can be deleted. Falconer says yes. "There's no special programming guard within iTunes that would prevent a person from deleting them, is there?" Falconer says no, he doesn't believe so.
by Adam Carter 9:50 AM

Falconer says the backups used in his presentation were "intact backups."
by Adam Carter 9:50 AM

Millard now asking about deleting files on phones and computers. He says data might still sit there after deletion until something overwrites it, so it could be recovered. Falconer says yes, typically that's the case.
by Adam Carter 9:51 AM

"It becomes truly overwritten with other data, making it unrecoverable," Falconer says.
by Adam Carter 9:52 AM

Falconer now talking about how deleting files can be different on a phone, versus a computer.
by Adam Carter 9:54 AM
 
Adam Carter‏Verified account
@AdamCarterCBC 2m2 minutes ago
Millard is now asking about "batch deletes." #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews2m2 minutes ago
"Im going through this exercise in relation to text messages that were deleted," #Millard says. Asks what a batch delete is. Falconer says deleting a group of messages at once. #Millard wonders if you can delete all messages from one contact at once. Suggests there's a way.

Lisa Hepfner‏
@HefCHCHNews2m2 minutes ago
"You could hit delete for the entire history," #Millard says. Falconer agrees. Can you tell in the evidence how the texts were deleted, en masse or individually? Falconer can't. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC2m2 minutes ago
Millard asking if the iPad backup that was recovered had been deleted. Falconer says it was intact. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC1m1 minute ago
We've seen lots of texts in Falconer's presentation that had been deleted, but were recovered by computer software. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC 56s57 seconds ago
Millard now asking about the "notes" feature on iPhones. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews 49s50 seconds ago
All these devices have the notes application, #Millard says, and Falconer agrees. "Something the notes application gives us, is the creation date and the modification date... of the file and not the content, right?" Falconer says it's both. #LauraBabcock

Adam Carter‏Verified account
@AdamCarterCBC 35s36 seconds ago
Milllard is asking about file creation dates in metadata, and file modification dates. #LauraBabcock
 
Liam Casey‏Verified account
@liamdevlincasey
4m4 minutes ago
Dellen Millard, representing himself, continues his cross-examination of the officer. He struggled yesterday, showing off his photoshop skills to prove photos can be manipulated.

Liam Casey‏Verified account
@liamdevlincasey
3m3 minutes ago
Dellen Millard's point, it seems, that files can be manipulated. He asked yesterday: can iPhone backup copies on a computer be manipulated? Officer: yes, but it would be very difficult.

Liam Casey‏Verified account
@liamdevlincasey
2m2 minutes ago
Today Dellen Millard is weighing into the weeds about deleting files, both on computers and phones.
 
Adam Carter‏Verified account
@AdamCarterCBC 2m2 minutes ago
"So with the last modification date, we can take from that the file hasn't been changed since that date?" Millard asks. Falconer says yes. #LauraBabcock

Lisa Hepfner‏
@HefCHCHNews 1m1 minute ago
Nothing has changed in the file from the last modified date, Falconer agrees. The file you view is the content since it has been modified. The device doesn't tell you how often a file has been modified. "Whatever that file looked like when it was created, we can't know." #Millard

Adam Carter‏Verified account
@AdamCarterCBC 1m1 minute ago
"Somebody could modify files 100 times, and we'd still only see the last modified date?" Millard asks. Falconer says yes. "You could create a file that's blank, put one space in it with the space bar, and then that's the creation date?" Millard asks. Falconer again says yes.
 
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