Laura Babcock Murder Trial 12.07.17 - Charge to the Jury - Day 1

[meterclicks]

"You are engaged in one of the most important duties a Canadian citizen can be called on to perform," Code says.
by Adam Carter 10:21 AM

He says it's of paramount importance that no person is convicted of a crime they did not commit. On the other hand, people who are found guilty of crimes have to be dealt with strictly and fairly, he says.
by Adam Carter 10:22 AM

 

[dar107]

100 pages a day, yikes! It will be sometime next week then before the jury is sequestered and begins deliberations. There will be a lot for them to soak in with the judges charge.

I found myself more emotional then ever yesterday listening to the Crown close. such a profound sense of finality, I hope after all is said and done the Babcock's can find some closure and peace. It makes me so sad, and knowing they will never have her body to lay to rest, never get a confession of the truth of what happened. I am sure they know in their hearts their daughter is no longer here on this earth, but still I can't imagine having that little hope in your heart even though you know it is not logical, I am sure they wish so badly she did just take off and disappear and would walk through their door one day. We all know that is not the case, I really pray for peace for them, and knowing Laura loves them so much and is looking down with pride for her mom and dad. The Crown really put it together and wrapped it up and made all these little bits we have heard make sense. Made me know the logical answer is likely the correct answer and very close what happened. I think she did Laura proud as well.

 

[meterclicks]

Code is now stressing the "necessity of impartiality," and says they much deliberate "fairly and dispassionately." "You must approach your task without sympathy or favour for one side or the other."
by Adam Carter 10:24 AM

Code now talking about when Dungey said "would you convict your own son or own daughter" in his closing yesterday. He says a juror would never have do that in our justice system. "That was not a particularly useful analogy ... please put aside those kinds of sentiments. They're not relevant," Code says.
by Adam Carter 10:26 AM

 

[DeaconBrodie]

Oops didn't realise they had a choice on weekends.=QUOTE]

They don't have a choice once they are sequestered, but h's giving them the option to get out quicker by listening to his charge over the week-end.

 

[meterclicks]

"You are supreme in determining the facts," Code says. He adds that it would be rare in a case for the jury to have answers to every single question posed during a trial.
by Adam Carter 10:27 AM

Code now applying that to the inference about Christina Noudga (Millard's former girlfriend) not being called to testify. Code says the jury doesn't have all the information on why or why not she wasn't called. "You're not equipped to decide that issue," he says. "Don't try to answer questions that aren't before you, that aren't necessary to your decision making."
by Adam Carter 10:28 AM

 

[meterclicks]

He says they must accept all the rules of law that he explains, and apply them. "You are require to follow what I say about it."
by Adam Carter 10:29 AM

Code says if he makes a mistake, the court of appeal will correct it, because his decisions are on the public record. What the jury does in their jury room remains secret. No one ever hears about those discussions.
by Adam Carter 10:30 AM

 

[Lexiintoronto]

I'm of the opinion that the jury should be sequestered immediately after the Judge's charge. Am I alone in this?
Also, once sequestered, do they deliberate over weekends?
TIA!

They are sequestered after the judge's charge and they deliberate every day, including weekends, until they decide on the verdicts.

You'll hear through the media what their schedule is, including lunch breaks or if they've retired for the day.

Immediately after the judges charge, the officers of the court (if that's their official name) are called up and sworn in by the judge.

I was at the TB trial at that point in the trial. IMO, it was the most intense part of the proceedings that day.

It was very formal. The judge called them up and a group of people in the back stood up in unison and approached the bench.

It was the first time that I noticed that it was completely quiet in the court and all of the jurors looked back and around the courtroom as the officials stood.

They swore to protect the jurors etc. and the judge declared that the jury deliberations had now begun.

I can also note that during the judges charge, the judge instructed everyone in the courtroom to stand for the jury as they entered and exited the courtroom, he stood for them as well.

 

[andreww]

I don't think they do once they are sequestered. He is just asking if they want to sit on the weekend so that he can finish up the charge and get to deliberations. IMO.

I would think they would deliberate on weekends. What else are they going to do? Sit in a hotel room with no TV, Internet, Newspapers, or Phone? Seems like an incredible waste of time and money.

 

[meterclicks]

"You must make your own decisions as to what is the important evidence in this case," Code says. "It is you who determines the true facts of this case."
by Adam Carter 10:31 AM

Code now talking about if he seems to be conveying opinions about evidence, the jury must follow their own common sense there.
by Adam Carter 10:33 AM

 

[meterclicks]

Code is now circling back to the presumption of evidence. He says that just because a person is arrested and charge, doesn't mean they're guilty of the crime.
by Adam Carter 10:34 AM

He's now talking about the burden of proof, and reasonable doubt. The onus of proving guilt rests upon the Crown, for proof beyond a reasonable of doubt. "The onus of proof never shifts to Mr. Millard or Mr. Smich," Code says. It's not on them to prove their innocence.
by Adam Carter 10:35 AM

 

[loveisthemovement]

I would think they would deliberate on weekends. What else are they going to do? Sit in a hotel room with no TV, Internet, Newspapers, or Phone? Seems like an incredible waste of time and money.

I meant the jury doesn't have a choice about deliberating on the weekend, not that they don't deliberate on the weekends. In reply to Nosey Parker.

 

[meterclicks]

The meaning of reasonable doubt, Code says, is a doubt beyond reason and common sense, when looking at all the evidence as a whole. "A reasonable doubt is not a far fetched or frivolous doubt. It is not a doubt based on sympathy or prejudice," he says. "It is not enough for you to believe that Mr. Millard or Mr. Smich is probably, or likely guilty. In those situations, you must find him not guilty."
by Adam Carter 10:38 AM

He says it's almost impossible, however, to prove things with certainty. "Absolute certainty is a standard of proof that is impossibly high."
by Adam Carter 10:39 AM

 

[meterclicks]

Of note -- it's not busy here at all today. Much less media, fewer family members (though Babcock's parents are here, as they have been every day). The body of the court is close to empty, otherwise.
by Adam Carter 10:40 AM

Millard is going through notes and papers as the charge is happening, while Smich is typing on a laptop.
by Adam Carter 10:41 AM

Code says at the end of the case, if the jury isn't sure about if Millard and Smich did it, they should be found not guilty. If they're sure, they're guilty. That's the nub of it.
by Adam Carter 10:41 AM

 

[DeaconBrodie]

I would think they would deliberate on weekends. What else are they going to do? Sit in a hotel room with no TV, Internet, Newspapers, or Phone? Seems like an incredible waste of time and money.

They deliberate on week-ends.

 

[meterclicks]

"Speculation has no part in the judicial function," Code says to the jury.
by Adam Carter 10:42 AM

He says look at the evidence as a totality, as a whole, and not "piecemeal."
by Adam Carter 10:43 AM

He's now moving on to exhibits, and talking about evidence law.
by Adam Carter 10:43 AM

 

[meterclicks]

"We're moving on to a mini lecture on evidence law here," Code says.
by Adam Carter 10:44 AM

He's talking about the different types of exhibits we've seen, from electronic text messages, to photos, to the gun that Millard purchased, and things found during searches.
by Adam Carter 10:44 AM

 

[meterclicks]

He says the jury can rely on those exhibits "as much or as little as you see fit."
by Adam Carter 10:45 AM

The exhibits go with them to the jury room.
by Adam Carter 10:45 AM

How much they examine them, Code says, is up to the jury.
by Adam Carter 10:45 AM

 

[meterclicks]

They must be used in conjunction with testimonial evidence from witnesses, Code says. "Put them together with the entire body of evidence."
by Adam Carter 10:46 AM

Code is now talking about the electronic exhibits found during forensic searches:


Jury sees photos of animal incinerator at Laura Babcock murder trial

For the first time at the Laura Babcock murder trial, the jury sees the huge animal incinerator that the Crown alleges was used to burn the Toronto woman's body.
by Adam Carter 10:48 AM

He's moving through the different info listed in those exhibits, and what parts were generated by police, as opposed to what they found. (He means things like headers, and bullet points).
by Adam Carter 10:49 AM

 

[meterclicks]

Code also talking about how Falconer clarified, corrected and elaborated as he went, in his evidence from the witness box.
by Adam Carter 10:51 AM

Code also says the jury should consider Falconer's expertise and training, and if he gave evidence in a fair and balanced way. The jury should also consider Millard's cross, where he suggested photoshop use and faulty GPS data.
by Adam Carter 10:52 AM

 

[meterclicks]

Now he's moving to testimonial evidence. Code says this is where the jury has to "size up the witness" and decide whether or not he or she is reliable or credible.
by Adam Carter 10:53 AM

Code says they should consider the totality of the evidence -- consider the evidence around a witness, and use that to weigh what they said. "Use the same common sense you use every day to decide if people know what they are talking about, or if they are telling the truth."
by Adam Carter 10:55 AM