Laura Babcock Murder Trial 12.06.17 - Closing Arguments - Day 2

[Jasper52]

Lisa Hepfner‏@HefCHCHNews

Judge is here for #LauraBabcock murder trial. Still waiting on jury. I'll be tweeting, and I'll have the day's story @CHCHNews 6pm.

Thomas Dungey will close Mark #Smich's case first today. He didn't present any evidence, and didn't spend much time cross examining witnesses. Jury just came in.

Dungey is up. He's walking up to the jury. Good morning, he says, introducing himself and Jennifer Trehearne, co-counsel. Nods at judge.

"You are the judges of the facts," Dungey tells jury. He's speaking gently in his gravelly voice. "This is so important. This is the basis of our system of justice.. this is a first degree murder case.. this is probably one of the biggest decisions of your life" voice rising.

"This is out and out serious. This is a big onus on your part," Dungey tells jury presumption of innocence applies to Mark Smich until they come to a verdict. The onus is on the crown to prove beyond a reasonable doubt that Mark Smich is guilty."

"We don't have to call evidence," Dungey says. "We did not call evidence because in our opinion the crown has not met the onus, the very high onus of reasonable doubt."

The onus stays with the crown until you are sure, ARE SURE of the guilt of my client, Dungey tells the jury. "You represent democracy."

Jury members are looking intently at Dungey as he makes his speech, but without expression.

Dungey says he will try to go through what he anticipates the crown's arguments are going to be.

"I hope to demonstrate to you they have not proven beyond a reasonable doubt the guilt of Mark #Smich... this is a very unusual case, a case of a missing woman, based on circumstantial evidence."

"There is no direct evidence, all substantial," Dungey says. "The motive is what's been termed a love triangle. A love triangle. Who's involved? Christina Noudga, Dellen Millard and Laura Babcock. Not Mark Smich."

"He's not even part of the triangle. He's not part of the whole motive," Dungey says of his client Mark #Smich. "Apparently Mr. Millard killed #LauraBabcock because of this love triangle... that's the basis of the motive. That's what they're saying."

 

[Night_is_Mine]

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

Dell is very laid back. I don't think he could come across angry if he tried

 

[meterclicks]

"I'm not here trying to demean Mr. Millard. He did quite sufficiently his own job of demeaning his own character," Dungey says. He points out that Millard says he was dating multiple women, and would not have cared about Noudga's feelings in this case.
by Adam Carter 10:28 AM

"Does it strike you that he's the type of guy who is going to care a damn about Christina Noudga?" Dungey asks.
by Adam Carter 10:29 AM

"Where does he fit in a love triangle?" Dungey asks about Smich. "There is no evidence. None. Not an iota of evidence."
by Adam Carter 10:29 AM

 

[MorningStar22]

The Crown basically handed this closing to Dungey! They must have something in their back pocket to reinforce the love triangle?! Otherwise I am still confused as to why they even tabled this “motive”?

 

[meterclicks]

Dungey says there were thousands of text messages going back in forth that we've seen in this case. "Did you ever hear in one text message, my client involved with Laura Babcock?" Dungey asks, his voice booming. "No. Not one text message. Why? Because he's not involved in this so called love triangle."
by Adam Carter 10:31 AM

"We don't know if they talked, or spoke, or were even introduced," Dungey says.
by Adam Carter 10:32 AM

 

[Night_is_Mine]

The Crown basically handed this closing to Dungey! They must have something in their back pocket to reinforce the love triangle?! Otherwise I am still confused as to why they even tabled this “motive”?

Or simply not everyone is great at what they do

 

[dar107]

Lisa Hepfner
@HefCHCHNews
·
2m
"Because of these little tit tats back and forth, the love triangle, is why this murder happened, why #LauraBabcock is missing? Is that for real? I'm not here to demean Mr Millard, he did a sufficiently good job of doing that himself," Dungey says


Oh My, just about ROFL

 

[canadiangirl]

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

I agree. She should have been called. We all know why she wasn't but good on him for stressing that point. If I was on the jury and knew nothing of CN I would be questioning why they never called her. MOO

Sent from my SM-T320 using Tapatalk

 

[Bluepopsicle]

Dell is very laid back. I don't think he could come across angry if he tried

Oh, I thought perhaps you knew him, now I’m suspecting you don’t. Or at least not well enough to have seen his angry temper.

 

[meterclicks]

Dungey says out of all these texts, "surely" the jury would have seen something about Millard and Smich talking about Babcock. "Not one piece of evidence."
by Adam Carter 10:33 AM

Dungey now talking about the relationship between Millard and Smich. He's again hammering home the point that there hasn't been much evidence linking the three together in texts. Dungey says that Millard instead spoke with Andrew Michalski about Babcock.
by Adam Carter 10:34 AM

"Isn't that kind of amazing? Don't you find that amazing? Where is the foundation to bring my client into this? The foundation is non-existent," Dungey says.
by Adam Carter 10:35 AM

 

[Shaz14]

I agree. She should have been called. We all know why she wasn't but good on him for stressing that point. If I was on the jury and knew nothing of CN I would be questioning why they never called her. MOO

Sent from my SM-T320 using Tapatalk

I'm constantly having to remind myself that the jury is mostly not familiar with the TB case. Some might know what CN is like on the stand but I bet most don't.

 

[canadiangirl]

Lisa Hepfner
@HefCHCHNews
·
2m
"Because of these little tit tats back and forth, the love triangle, is why this murder happened, why #LauraBabcock is missing? Is that for real? I'm not here to demean Mr Millard, he did a sufficiently good job of doing that himself," Dungey says


Oh My, just about ROFL

Haha me too!

Sent from my SM-T320 using Tapatalk

 

[paris_paris]

I fully expect when we read the "What the jury didn't hear", we'll understand why CN wasn't called. I also expect we'll see disallowed evidence that will make us even more sure that MS was more involved.

 

[meterclicks]

Dungey says that if Millard needed assistance, why wouldn't he go to Andrew Michalski, his "best buddy?" He says Smich was a guy who was just "hanging around doing odd jobs."
by Adam Carter 10:37 AM

Dungey now talking about the relationship between Millard and Smich. Talking about evidence about Smich as a guy from "the other side of the street" looking up to Millard.
by Adam Carter 10:38 AM

 

[Nosey Parker]

I'm constantly having to remind myself that the jury is mostly not familiar with the TB case. Some might know what CN is like on the stand but I bet most don't.

I still wonder if the Crown couldn't get her out of Poland to testify. I don't think subpoenas work abroad.

 

[MorningStar22]

I fully expect when we read the "What the jury didn't hear", we'll understand why CN wasn't called. I also expect we'll see disallowed evidence that will make us even more sure that MS was more involved.

Agreed. And I would expect that TD and JT won many a legal battle to get to this point where there is little evidence against their client. Just MOO based on their performance in the TB trial - they are very, very good.

 

[Bluepopsicle]

Dungey says that if Millard needed assistance, why wouldn't he go to Andrew Michalski, his "best buddy?" He says Smich was a guy who was just "hanging around doing odd jobs."
by Adam Carter 10:37 AM

Dungey now talking about the relationship between Millard and Smich. Talking about evidence about Smich as a guy from "the other side of the street" looking up to Millard.
by Adam Carter 10:38 AM

Except wasn’t said “best buddy” out in Winnipeg at the time, therefore unable to help.

 

[brightii]

I agree. She should have been called. We all know why she wasn't but good on him for stressing that point. If I was on the jury and knew nothing of CN I would be questioning why they never called her. MOO

Sent from my SM-T320 using Tapatalk

I disagree. Of course I understand TD's strategy by saying this, but there was nothing preventing MS or DM from calling CN as a witness if, in either of their opinions, she could have said something to help clear one or both of them.

I cannot wait until the Crown fights back for justice on behalf Laura!

All MOO

 

[MorningStar22]

I still wonder if the Crown couldn't get her out of Poland to testify. I don't think subpoenas work abroad.

There would be a warrant out for her arrest as soon as she ever came back.

 

[meterclicks]

He's now talking about Smich and his then-girlfriend, Marlena Meneses, doing odd jobs for Millard and staying in one of his properties. He's saying that's the foundation the Crown is using to say Smich was involved in a murder. "This piddly little work?" Dungey says.
by Adam Carter 10:40 AM

"You see Mr. Millard, you see how big and tall and strapping he is," Dungey says, pointing at Millard in the court. He says allegedly, according to the Crown, Babcock's body was in a blue tarp we've seen in photos. "Not with the assistance of my client," Dungey says. Dungey says if Millard could move the tarp on his own, "Why would he need Mr. Smich for anything?"
by Adam Carter 10:42 AM