Laura Babcock Murder Trial 12.05.17 - Closing Arguments - Day 1

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Millard says "three witnesses at this trial have seen Laura alive after the date at which the Crown says she was deceased - after the date of her alleged death."

The Crown has contended throughout the trial that Babcock's phone, bank, and social media accounts have remained untouched since early July 2012. None of her friends and family have heard from her.

by Shannon Martin 10:28 AM
 
Lisa Hepfner‏ @HefCHCHNews
58s58 seconds ago
"Is Laura deceased, is Laura alive? I anticipate this is a question you will struggle with," #Millard says three witnesses have said they saw #LauraBabcock alive after she was missing, according to the crown's timeline.

Lisa Hepfner‏ @HefCHCHNews
6s6 seconds ago
Millard says the crown is using #LauraBabcock's phone as a key piece of evidence, "but phones aren't people," #Millard says. Anyone can get a new phone or new number
 
Lisa Hepfner‏ @HefCHCHNews
19s20 seconds ago
Millard is getting ahead of himself. He had more to say about reasonable doubt and presumption of innocence. If the crown came in and presented no evidence, the jury would have to acquit. That's what the presumption of innocence means, he tells jury. #LauraBabcock
 
Lisa Hepfner‏
@HefCHCHNews
38s38 seconds ago

Jury seems to be looking at #Millard a bit incredulously. #LauraBabcock

No doubt. :notgood:
 
Millard says our system is based on proof beyond on a reasonable doubt.

"All the evidence is circumstantial. This is where those inferences become important. In a circumstantial case, the mere existence of other reasonable inferences can lead to reasonable doubt."

Millard adds, "Based on evidence, gaps of evidence, or lack of evidence can lead to reasonable doubt."

by Shannon Martin 10:31 AM
 
He says they will have to decide: Is Laura dead? He says not just that, but they will have to decide when she died, how she died, where she died and why she died.
by Shannon Martin 10:23 AM

But this is not true...jury does not have to decide exact circumstances, motive or anything that may never be known..just that a murder took place and who is responsible...
 
Lisa Hepfner‏ @HefCHCHNews
36s36 seconds ago
Millard says all the evidence is circumstantial in this case and could raise reasonable doubt. "Based on the evidence and lack of evidence, and certain gaps in the evidence..... can lead to an acquittal," #Millard tells jury. #LauraBabcock
 
But this is not true...jury does not have to decide exact circumstances, motive or anything that may never be known..just that a murder took place and who is responsible...

I have no doubt the Crown will clarify and clean this up. ;)
 
Lisa Hepfner‏ @HefCHCHNews
40s40 seconds ago
If there are reasonable other inferences, like the motel sprinkler system, there's reasonable doubt. it's the burden of the crown to prove something beyond reasonable doubt, #Millard says. #LauraBabcock

Lisa Hepfner‏ @HefCHCHNews
48s49 seconds ago
Millard is telling jury they can ask to look at witness testimony again if they are unsure of any evidence. "i want you to ask these questions." #Millard says he's not going to go through all the evidence again today. #LauraBabcock
 
But this is not true...jury does not have to decide exact circumstances, motive or anything that may never be known..just that a murder took place and who is responsible...

No worries. The Crown will let them know that in their closing.
 
Lisa Hepfner‏ @HefCHCHNews
20s21 seconds ago
If #Millard recalls the evidence incorrectly he apologizes but he only had a few days to put this together. "That's my introduction." Millard says he has 14 chapters for 14 jurors and a conclusion. #LauraBabcock


It's going to be a very long day for this jury.
 
Millard now says he'd like to go into reviewing evidence now in detail. He reminds the jury they can always ask to re-listen to audio recordings from the courtroom.

He says he has 14 chapters, for 14 jurors.

He says he wants to talk about "Who has seen Laura since July 4?"

Millard talks about Gabe Austerweil. He's the older gentleman who says he saw Babcock in a nut store in Toronto, in October 2012 - though he couldn't be sure. He also thought it could be March 2013.

by Shannon Martin 10:36 AM
 
Lisa Hepfner‏ @HefCHCHNews
50s51 seconds ago
Mr. Austerweil testified that he saw #LauraBabcock months after she went missing, #Millard reminds the jury.


Mr Austerweil had no idea what Laura looked like at the time of her disappearance.
 
Lisa Hepfner‏ @HefCHCHNews
2m2 minutes ago
It's interesting that Austerweil described #LauraBabcock's appearance as having changed, she was thinner and dressed differently. But he watched her speak to the teller and he knew her, #Millard tells jury.
 
When Austerweil was cross-examined by the Crown last week, he couldn't recognize Babcock in a photo put onto the large screens in the courtroom.

ICYMI Scroll to the bottom of this piece:

Millard calls expert in zooarcheology to testify at Laura Babcock murder trial

Dellen Millard called three witnesses Tuesday, including an expert in animal bones, at the Laura Babcock murder trial in Toronto. The accused killer is acting as his own lawyer in Ontario Superior Court.

by Shannon Martin 10:37 AM
 
So it appears that DM is going with the "is Laura really dead" defence. Good luck with that DM.

MOO
 
Lisa Hepfner‏ @HefCHCHNews
3m3 minutes ago
Witnesses can be credible and, or reliable. Austerweil was credible, #Millard says. He had no motive to be dishonest. #LauraBabcock
 
Lisa Hepfner‏ @HefCHCHNews
1m1 minute ago
Issues of reliability exist for Austerweil, though, #Millard says. "It takes time to have transcripts written," he says. Austerweil's transcription wasn't ready yet. "Something occured," he says during the cross. The video of #LauraBabcock played, & Austerweil didn't recognize LB

Lisa Hepfner‏ @HefCHCHNews
now7 seconds ago
Millard is playing audio of Austerweil's testimony, when he didn't seem to recognize #LauraBabcock in the video shot just before she went missing.
 
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