Laura Babcock Murder Trial 12.06.17 - Closing Arguments - Day 2

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Sillybilly

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This is the Babcock murder trial discussion thread.

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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:
 
Millard tells Laura Babcock murder trial he was in open relationship, had no motive to kill
By Adam Carter, CBC News Posted: Dec 05, 2017

smich-millard-babcock.jpg

The jury will soon decide the fates of co-accused Dellen Millard, centre, and Mark Smich, left. Deliberations are expected to begin early next week.

"It's my position that the Crown's case is something like a convincing dream … some parts of it add up, some things make sense. But some things do not make sense," he said. "I'm not talking little details … some of the major details do not add up."

The jury listened to Millard for hours, as he zeroed in on specific points of evidence presented at trial over the last several weeks. Some jury members watched him intently, while taking notes. Others refused to meet his gaze, and stared straight ahead.

Babcock's parents and former boyfriend Shawn Lerner watched from the public gallery.
 
Mark Smich's lawyer gives closing address to jury at Laura Babcock murder trial
By Adam Carter, CBC News Posted: Dec 06, 2017

Accused killer Mark Smich's lawyer will begin his closing address to the jury in a Toronto courtroom today as the Laura Babcock murder trial edges towards its conclusion.

After co-accused Dellen Millard, who is representing himself, gave a day-long closing address to the jury Tuesday, lawyer Thomas Dungey, who is representing Smich, will speak to the jury one final time.

CBC Live Blog

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I'm back in court today for the Laura Babcock murder trial. You can follow along for updates.
by Adam Carter 9:43 AM

Today Mark Smich's lawyer Thomas Dungey will give his closing address to the jury.
by Adam Carter 9:45 AM

Thanks to all that have been and can help with the tweets. :)
 
What will Dungey do, we all wonder?

I expect he will throw a nod to reasonable doubt about whether a) Laura is alive and b) whether the bones in the Eliminator picture were human - but if he makes these things his centrepiece he will not fare particularly well. Inevitably, the Crown's arguments on these points will be stronger and the only thing he really has to counter that is the high burden of the Crown to prove beyond reasonable doubt.

I expect he will try to blunt the impact of the rap lyrics by talking about rap as an art form, and I expect that he will emphasis the uncertainty in the garage admission testimony.

I think his most important job today is to undermine the idea of a plan, or at least one that Mark is in on. If the jurors have reasonable doubt about a plan or active foreknowledge, then it doesn't matter what he did after Laura's death. His second most important job today in my view is to distance his client from Millard in every way consciously and unconsciously possible. One good way to do that would be to go out of his way to be respectful of Laura's parents, to note that Laura was loved and that they did their best.

Good luck to justice today, whatever that looks like.
 
The crowds here in the courtroom are a little thinner today, compared to yesterday, when Dellen Millard gave his closing address. We're just waiting for the judge at the moment.
by Adam Carter 10:06 AM
 
Justice Michael Code is in the courtroom now, and we're underway. Just waiting on the jury.
by Adam Carter 10:08 AM
 
What will Dungey do, we all wonder?

I expect he will throw a nod to reasonable doubt about whether a) Laura is alive and b) whether the bones in the Eliminator picture were human - but if he makes these things his centrepiece he will not fare particularly well. Inevitably, the Crown's arguments on these points will be stronger and the only thing he really has to counter that is the high burden of the Crown to prove beyond reasonable doubt.

I expect he will try to blunt the impact of the rap lyrics by talking about rap as an art form, and I expect that he will emphasis the uncertainty in the garage admission testimony.

I think his most important job today is to undermine the idea of a plan, or at least one that Mark is in on. If the jurors have reasonable doubt about a plan or active foreknowledge, then it doesn't matter what he did after Laura's death. His second most important job today in my view is to distance his client from Millard in every way consciously and unconsciously possible. One good way to do that would be to go out of his way to be respectful of Laura's parents, to note that Laura was loved and that they did their best.

Good luck to justice today, whatever that looks like.

I agree with you about being respectful to Laura's parents. DM ended on a very bad note yesterday. If Dungey can display a reasonable amount of respect for Laura I think it will go a very long way. If the jury gets any impression that MS might have even a thread of empathy or sympathy in him (even if it is conveyed via Dungey) I think it will help MS a lot considering the company that he shares in that room.
 
The jury is in, and Dungey is beginning his closing arguments.
by Adam Carter 10:12 AM

Dungey says he's first giving them a background of their role in the trial. "You are the judges of the facts," he says.
by Adam Carter 10:13 AM
 
He says the jury needs to focus only on what they've heard in court, not what they've "heard in the media." "This will probably effect you for the rest of your lives ... In your hands, is the terms and destiny of my client," he says.
by Adam Carter 10:14 AM

Dungey says that Smich is also "presumed innocent," and the onus is on the Crown to prove beyond a reasonable doubt that Smich is guilty of first degree murder.
by Adam Carter 10:15 AM
 
"We don't have to put one iota of evidence before you," Dungey says. "We did not call evidence, because in our opinion, the Crown has not met the onus [of reasonable doubt]," Dungey says.
by Adam Carter 10:16 AM

"It's a strong onus ... a heavy responsibility on your part," Dungey says. Adds that he thinks the case has a "great jury." "You represent democracy," Dungey says.
by Adam Carter 10:17 AM
 
Dungey again stresses that the jury can't rely on what they've heard in the media or social media to make this decision -- only what they've heard in court.
by Adam Carter 10:18 AM

Dungey says he's going to try to anticipate what the Crown's argument will be. The Crown's close comes after his.
by Adam Carter 10:19 AM
 
"This is a very unusual case ... we have a case of a missing young woman. And that's what we have here. A missing young woman. That's what makes it so difficult, it's a circumstantial case based on circumstantial evidence," Dungey says. "There's no direct evidence -- all of it is circumstantial."
by Adam Carter 10:20 AM

"Who's involved in a love triangle?" Dungey asks -- Millard, he says, along with Babcock and Christina Noudga. "Not Mark Smich," he says.
by Adam Carter 10:21 AM

"What's Mark Smich doing? He's not even part of the triangle. He's not even part of the whole motive."
by Adam Carter 10:21 AM

 
The Crown's theory has long been that Babcock was killed because of a love triangle. Dungey stresses he's not here to defend Millard, but there's some overlap, as he and Smich are charged together.
by Adam Carter 10:22 AM


Dungey now pointing out Noudga wasn't called as a witness. "Christina Noudga is one of the causes, allegedly, of the death of Laura Babcock. Only naturally would we expect Christina Noudga to be called. The onus is on the Crown -- they did not call her."
by Adam Carter 10:23 AM
 
Dungey says Noudga could have been called to testify. "Was there such a hatred that would inspire Mr. Millard to kill someone? Surely you're entitled to hear that. But you didn't hear that." "They failed you, the members of this jury," Dungey says, pointing emphatically at the jury, talking about the Crown not calling her.
by Adam Carter 10:24 AM

"We do not have to prove the innocence, the Crown has to prove the guilt," Dungey says.
by Adam Carter 10:25 AM
 
Whatever route he takes, It will be interesting. I do think Dungey is a talented laywer.
 
The Crown's theory has long been that Babcock was killed because of a love triangle. Dungey stresses he's not here to defend Millard, but there's some overlap, as he and Smich are charged together.
by Adam Carter 10:22 AM


Dungey now pointing out Noudga wasn't called as a witness. "Christina Noudga is one of the causes, allegedly, of the death of Laura Babcock. Only naturally would we expect Christina Noudga to be called. The onus is on the Crown -- they did not call her."
by Adam Carter 10:23 AM

Exactly
 
Dungey is much more animated than Millard was in his close. Pointing right at the jury, raising his voice. They're all watching him.
by Adam Carter 10:26 AM

Dungey is much more animated than Millard was in his close. Pointing right at the jury, raising his voice. They're all watching him.
by Adam Carter 10:26 AM
 
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