“The principle factor the Crown stated is that Mr. Millard was concerned in what’s been termed a love triangle. Properly, who’s concerned within the love triangle? Christine Noudga, Dellen Millard and Laura Babcock. Not Mark Smich.
“What’s Mark Smich doing right here? He’s not a part of the love triangle. He’s not a part of the motive.”
To take it from the highest, compressing what has been a seven-week trial, 23-year-old Laura Babcock is the sufferer, allegedly slain by these two defendants on July Three-Four, 2012, her physique put by an industrial incinerator a number of weeks later. Noudga, who’s by no means stepped foot on this courtroom, was Millard’s girlfriend again within the day. Babcock and Millard had dated briefly a number of years earlier. However Babcock, in a purported incident of mutual spite, had bragged to Noudga that she was nonetheless sleeping with Millard. That bought up Noudga’s nostril. And from these crisscross resentments erupted a plot to commit homicide, hatched by Millard, abetted by Smich and dedicated in cahoots — killing Babcock and disposing of her stays, which have by no means been discovered.
That’s the prosecution’s principle, in a nutshell, albeit supported, says the Crown, by a torrent of circumstantial proof together with 1000’s of text messages, configured cellphone monitoring, Millard’s $16,000 buy of “The Eliminator”, quite a few incriminating images (retrieved from Millard’s telephone) and one deeply disturbing rap video starring Smich, the lyrics to which he wrote, says the Crown, on July 23, 2012, inside an hour, courtroom has heard, of Babcock’s corpse being fed into the incinerator.
“Christina Noudga is the individual that is the trigger allegedly of the loss of life of Laura Babcock,” Dungey all however hollered, with the onus of proof on the Crown.
“The one particular person, Christina Noudga, that would have advised us there was such hatred that it might have impressed Millard to kill.’’
By no means referred to as to the stand.
“They’ve failed you,” stated Dungey. “They’re saying you determine whether or not Mark Smich is responsible and you reside with that for the remainder of your life.’’
As Dungey properly is aware of, proving motive just isn’t required.
Whereas concurrently stressing that onus of proof by no means shifts from the prosecution to the defence, Dungey spent a lot of two hours on his toes shifting blame from Smich to Millard.
Millard and Smich have each pleaded not responsible.
“I’m not right here to demean Mr. Millard. He did fairly a very good job demeaning his personal character presenting his personal protection.”
Millard, 32, is self-represented, personifying the yin and yang of defendant and defence lawyer. His closing deal with was a day-long affair on Tuesday.
“The place is the proof?” requested Dungey of becoming Smich, 30, into the triangle body. “There isn’t a proof, none, not an iota.’’
About these 1000’s of texts, “did you ever hear even one message displaying that my consumer was concerned with Miss Laura Babcock? He didn’t even actually know Laura Babcock.”
From animated to contemptuous, Dungey hit all of the excessive notes.
“There’s bought to be some pores and skin within the recreation, people. There’s bought to be some substance.”
The crimson suitcase, belonging to Babcock, present in Smich’s residence 18 months later helps nothing however hypothesis, he asserted. The mere reality Smich nonetheless had it, as Babcock remained lacking, “demonstrates innocence, not guilt.”
The 2 younger males who testified that Smich had advised them about “killing a lady” are doubtful characters, stated Dungey — one a former heroin addict — who ought not be believed.
“Would you need your son convicted on that testimony?” he yelled on the jury.
The massive gap in Dungey’s recap of the proof is the rap video he scarcely talked about.
The bitch began off all pores and skin and bone/now the bitch lay on some ashy stone/final time I noticed her’s outdoors the house/and in the event you go swimming you’ll find her telephone.
Flipping over to the undercard of the jury deal with, lead Crown Jill Cameron launched her closing submission with a haunting juxtaposition of that video and one other brief little bit of footage, shot by a Babcock buddy, simply earlier than she disappeared, a vignette wherein the younger lady is urged to meow. Which she does, with a giggle, and that — the final recognized picture of Babcock alive — introduced a wistful smile to the face of her mother, sitting within the entrance row.
The dad and mom have needed to watch the 34-second rap video on numerous events; have seen footage of The Eliminator doing its enterprise, embers floating into the air, their daughter’s physique apparently burning inside; have checked out pictures of some bones which will have been their youngster’s stays contained in the machine’s oven compartment; have seen texts between Millard and Noudga referring to Laura as a parasite, a herpes virus; have heard excruciating particulars about their daughter’s itinerant life-style in these closing few months; have sat by testimony from males who paid for Babcock’s companies as an escort; have revisited the psychological diseases that seized their daughter within the final yr of her life. However right here was Laura laughing and grinning, displaying the scale of a energetic, charismatic persona to which a number of mates have attested.
She isn’t just a lifeless woman. She isn’t just a vanished woman. She was their flesh and blood, an expensive buddy to many, with hopes and ambitions.
“All over the place Laura went, she left a foot print,” stated Cameron.
In texts, in emails, in pictures, in her use of bank cards and banks card, on Fb.
All of it stopped lifeless after July Four.
Methodically, crisply, Cameron took the jury by the ultimate days of Babcock’s life, as tracked by her telephone utilization, from June 26 to July Four, till the pings off cellphone towers ceased. Her BlackBerry has by no means been recovered.
On June 30, Babcock is frantically calling round, on the lookout for a spot to remain. At 2:30 a.m. she’d texted Millard.
Why didn’t Millard go get her then? Cameron requested. And answered her personal query for the jury: “I submit it’s as a result of they weren’t prepared for her. (Millard) doesn’t have the gun but. He doesn’t have the incinerator.”
The Eliminator hadn’t arrived. The gun, a .32 calibre revolver, he was nonetheless arranging to buy from a avenue vendor. Though, to be clear, the prosecution has by no means posited how Babcock was killed.
Twenty-three textual content exchanges and 4 telephone conversations between Babcock and Millard on July 2. He picked her up round 7 p.m. the following night time on the Kipling subway station they usually ultimately arrive at his Etobicoke home.
Earlier, Millard had texted Smich — at that deal with along with his then-girlfriend Marlena Meneses — to say he’d be residence quickly and “don’t be out entrance.”
Cameron: “I undergo you that Mr. Millard didn’t need Miss Meneses to see Laura. Or maybe he didn’t need Laura to see Mark. As a result of they have been going to kill her.”
Millard and Smich, who in any other case textual content one another numerous occasions a day, even once they’re beneath the identical roof, go phone-silent between 7:33 p.m. and 12:48 a.m.
It was throughout these hours, says the prosecution, that Babcock was murdered.
“We don’t know the way they killed Laura…what (Millard) did to make good on his promise to ‘harm her’,” Cameron advised the jury. “We don’t know if she was stabbed, strangled or overwhelmed. We simply don’t know.”
However they’d been plotting it since April, stated Cameron. And the very subsequent day, Millard put in an pressing order for a brand new mattress.
“We’ll by no means know,” continued Cameron. “However they killed her. After which they tried to cowl it up by burning her physique. They took photos of what that they had finished and didn’t destroy them. They saved her possessions as in the event that they have been trophies. Luckily for us they didn’t do an excellent job of protecting up their crime.
“The plan was to homicide Laura Babcock and remove all traces of her physique from this Earth.
“Really feel sharp the injustice, as they stand right here at present, and say Laura is on the market as a result of the Crown can’t produce their physique. This was their plan from the start. They thought then, they usually argue now, that no body equals no homicide. And they’re improper.’’
Justice Michael Code is anticipated to start charging the jury on Thursday.
Rosie DiManno often seems Monday, Wednesday, Friday and Saturday.