Laura Babcock Murder Trial 12.06.17 - Closing Arguments - Day 2

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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
But as he says it's not on the onus of them to prove their innocence. The crown needs to prove their guilt. She's a hostile witness for anyone IMO. They would not have called her. She adds no value to the defence. Or anyone for that matter lol

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I think we know why CN wasn't called. She is an unreliable, unpredictable witness that can't be trusted to tell the truth. She will say whatever she needs to say to ensure she does not give anything away that might implicate that she knew anything. She would have been very damaging to the crown's case. We knew that from TB's trial but the defense is using this to their advantage now.
 
"He wouldn't need Mr. Smich. He could do it himself. And there's no evidence whatsoever that Mr. Smich had any involvement in that. It's less than circumstantial, it's not existent," he says, his voice rising.
by Adam Carter 10:42 AM

Dungey now saying Smich wasn't involved at all in buying the incinerator, dubbed the Eliminator, that the Crown says Babcock's body was burned in.
by Adam Carter 10:43 AM
 
Dungey refers to Millard as an "idea guy," and that he was planning to get an incinerator as a garbage incinerator.
by Adam Carter 10:44 AM

Dungey says there's "plenty of evidence" that Millard was trying to get into the pet cremation business.
by Adam Carter 10:45 AM

Dungey again says that the incinerator purchase had nothing to do with Smich. We have, however, seen pictures of Smich standing in front of it.
by Adam Carter 10:46 AM
 
Lisa Hepfner‏@HefCHCHNews

Because his client is jointly charged with Dellen #Millard, Dungey has to address this love triangle. "Only naturally would we expect Christina Noudga to be called," he says. The onus is on the crown.

The one person who could have said if there was enough fury in the love triangle to cause a murder wasn't called to testify, Dungey says. His voice at full volume, telling the jury the crown has left them in a terrible spot, having to decide on a man's innocence

The crown has to prove the guilt, and they made a choice in not calling Christina Noudga. That doesn't shift the onus to #Smich to call her, "but they didn't call her, so we don't know. But just think of this love triangle," Dungey says, his voice softening.

Karoline described it best. She and Noudga were being "catty" when they sent a message to #LauraBabcock about Dellen #Millard. "I can remember her smiling away as if it was a joke. IT WAS NO JOKE."

"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

Is he the type to kill a girl because one of his many many girlfriends is ticked off? He was boasting about it, but he was getting his point across, Dungey says of #Millard.

Is he the type to give a damn about Christina Noudga, when he's offering her up to Andrew Michalski? I doubt it. All the sudden there's this alleged murder when a woman goes missing. Where does Mark #Smich fit? Dungey asks. "there is no evidence. Not one iota."

Mark #Smich, #LauraBabcock. How many text messages have you heard, Dungey asks. "Did you ever hear in one text message, my client involved with Laura Babcock? No. Not one." #Smich didn't even really know her, Dungey says.

We don't know if they talked or were introduced, or did she just see him in passing? Dungey asks of #Smich and #LauraBabcock. Of all these foolish texts.... surely you'll see something if Mark #Smich is involved, he says.

Dellen #Millard didn't say anything to #Smich about #LauraBabcock, from any of the evidence, Dungey says. We've heard the two accused had a good relationship. Brotherly. "That's why he assisted him, that's their theory," he says of the crown.

Interesting enough, his best friend, Andrew Michalski, he being Millard, #Millard just consults him. He emails him. He knows #LauraBabcock. He tried to, in his words, hook up with Laura Babcock. Nothing to connect #Smich to Babcock, Dungey says. "Don't you find that amazing?"

"Where is the foundation to bring my client into this? The foundation is non existant," Dungey says. No animus between #Smich and #LauraBabcock. "Ever see a photo of my client with Laura Babcock? A meeting with the 3 of them? No. ZERO evidence," Dungey says

So why is his client here? Dungey says. #Millard tells us he's even offering Christina Noudga up to Michalski. Wouldn't he ask his best buddy to help? No, the guy who hangs around doing odd jobs smoking weed, he must be involved, Dungey says sarcastically.

Millard has lots of money, his client comes from the other side of the street, Dungey says. #Smich and his girlfriend Marlena Meneses were attached at the hip. They did jobs for #Millard. Dungey is listing those jobs.

#Smich and Meneses were being compensated for their work for #Millard. Nice places to live, food, drugs. "That's the foundation of their relationship," Dungey says.

"You see Millard, how big and tall and strapping he is, Six-four." Dungey now talking about the tarp that allegedly contains #LauraBabcock's body, which #Millard clearly could have handled on his own. Why would he need #Smich for anything?

"Is he not capable of putting her in the incinerator at all? He wouldn't need Mr #Smich, he could do it himself. No evidence Mr Smich had any involvement. None. It's not circumstantial, it's NONEXISTANT." (All caps denote significantly raised volume.)

Mr. Millard is in charge of his company and people do what he wants, Dungey says. He wants to build a garbage incinerator. Describes the homemade device designed by Millard's mechanic. "He's an idea guy."

"Are we really that naive" to think #Millard bought an incinerator just to burn #LauraBabcock's remains? Dungey says. Going into the pet incineration idea Millard described to people. What did it have to do with #Smich? Nothing, Dungey says.
 
I think we know why CN wasn't called. She is an unreliable, unpredictable witness that can't be trusted to tell the truth. She will say whatever she needs to say to ensure she does not give anything away that might implicate that she knew anything. She would have been very damaging to the crown's case. We knew that from TB's trial but the defense is using this to their advantage now.
But the jury does not or should not know that. So that would be on my mind as a juror. JMO

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"Is this a novel? Because it sure is fiction," Dungey booms. "There's got to be some skin in the game here folks. There's got to be some substance."
by Adam Carter 10:46 AM

Dungey now talking about how lots of us would like to have the money Millard had to just launch random projects on a whim. He says that's Millard's money, and his decision, not Smich's.
by Adam Carter 10:48 AM
 
Lisa Hepfner‏@HefCHCHNews

"Is this a novel, cuz it sure is fiction," Dungey says. "There has to be some skin in the game. There has to be some substance." Where is the evidence that #Smich helped buy the incinerator. It doesn't exist, he says.

Listening to Millard go through all these projects and all that money, Dungey says he wishes he had that kind of money but that's #Millard's background. Spends vast sums of money, then gets bored with the project he's working on. Nothing to do with his client #Smich
 
Dungey says nothing was ever done with lots of random projects of Millard. "$25,000 didn't mean anything to him," Dungey says.
by Adam Carter 10:49 AM

Dungey says if Millard was going to get the incinerator to burn Babcock, they wouldn't have spent the time building the trailer for the incinerator. "Do the job. Kill her, burn her and get it over with," Dungey says, pounding on the lectern in front of him.
by Adam Carter 10:50 AM

He also says it would have been done on the side, and not on the company books.
by Adam Carter 10:50 AM
 
Lisa Hepfner‏@HefCHCHNews

It's all #Millard's money, but Dungey has to speak about it because his client #Smich is jointly charged. Money meant nothing to Millard, he says.

If #Millard got an incinerator to burn #LauraBabcock, you wouldn't spend a week building a trailer for it. Does that make any sense? It's in broad daylight, #Dungey says. "It's not hidden away." We even have photos of them building that trailer.
 
Dungey says nothing was ever done with lots of random projects of Millard. "$25,000 didn't mean anything to him," Dungey says.
by Adam Carter 10:49 AM

Dungey says if Millard was going to get the incinerator to burn Babcock, they wouldn't have spent the time building the trailer for the incinerator. "Do the job. Kill her, burn her and get it over with," Dungey says, pounding on the lectern in front of him.
by Adam Carter 10:50 AM

He also says it would have been done on the side, and not on the company books.
by Adam Carter 10:50 AM

Great points by old man
 
But the jury does not or should not know that. So that would be on my mind as a juror. JMO

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Exactly. That's how the defense is using it to their advantage. But going last, the crown can salvage that. There is reason to understand why she would not be a reliable witness here when she was texting about her excitement about the thought of getting rid of LB. JMO
 
[FONT=&quot]Dungey says there's "plenty of evidence" that Millard was trying to get into the pet cremation business[/FONT]

plenty of evidence? Really Mr Dungey?
 
Lisa Hepfner‏@HefCHCHNews

It's all #Millard's money, but Dungey has to speak about it because his client #Smich is jointly charged. Money meant nothing to Millard, he says.

If #Millard got an incinerator to burn #LauraBabcock, you wouldn't spend a week building a trailer for it. Does that make any sense? It's in broad daylight, #Dungey says. "It's not hidden away." We even have photos of them building that trailer.
Ok Dungey don't get derailed here...

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"It borders on stupidity, this theory," Dungey says.
by Adam Carter 10:51 AM

Dungey is now moving on to the 32 calibre gun we've seen photos of. He says there was no evidence Babcock was shot, or a gun was ever used. "What relevance was this?" Dungey says, adding that the Crown will use that to prove "planning and deliberation."
by Adam Carter 10:52 AM

"Anything is possible with life, but lets get some reality with life," Dungey says.
by Adam Carter 10:52 AM
 
Lisa Hepfner‏@HefCHCHNews

The rational reason for the incinerator was to get rid of pets, Dungey says. Otherwise they wouldn't have followed rules like getting a proper propane tank installed. "It borders on stupidity theory!"
 
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