Laura Babcock murder trial Week 5
University of Toronto graduate Laura Babcock was 23 when she vanished.
3rd & 7 37yd
3rd & 7 37yd
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While we wait, ICYMI A look back at some of the key testimony so far:
Laura Babcock murder trial expected to hear from final witnesses as it enters 5th week
CBC NewsThe Laura Babcock murder trial is entering its fifth week of testimony and jurors in a Toronto courtroom will hear from only a handful more witnesses as the Crown is expected to wrap up its case against co-accused Dellen Millard and Mark Smich. -
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"By mid summer 2012, you started to spending time at my house," Millard states.She agrees.Millard, "You kind of liked me at first. Then you didn't like me. I used to tease you. I asked you trivia questions. You didn't know the answers. It made you feel dumb."Meneses agreed.Millard said he laughed at her."We smoked a lot of weed together?" Millard asks."Yes," she says.
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Millard, "I smacked your butt once?"Meneses, "More than once."Millard doesn't remember it happening on multiple occasions, he just remembers the one time. He says it was at the hangar."You gave me a dirty looking, so I knew you didn't like it. It was unwanted contact... Sorry Marlena."She maintains eye contact, "thank you."
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Millard brings up a text message Meneses sent him, asking where Smich was one night. He'd gone out to spray graffiti.Millard asks why she reached out to him."I thought he may be with you," she explains.Millard, "If Mark were in trouble, I was someone you could call?"Meneses, "He was your best friend."Millard, "Another word to describe it, was brothers... If he was in trouble, he'd call me. Not police."Meneses, "Depends how bad it was."
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Millard asks Meneses if she pays her rent, buys her own food and cigarettes. "I'm sorry I'm having a hard time to find if this is relevant," she says.Millard responds and says that's up to the Crown to decide.Justice Michael Code interjects, and agrees with the witness.Millard continues, "Back then, you didn't have a job."She says at first, she didn't. But then she got one at Metro.Millard asks who bought the marijuana she smoked."I worked for the weed. That was my payment," she responds.Millard points out he bought the fast food.
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Millard is now going through a list of all the things he bought: gas, snacks at the gas station, shopping trips to Costco to get food for BBQs, booze from the LCBO."I paid for everything," he sums up.Meneses raises her voice. "At the same time, we did work for you. You felt obligated to, because of the work Mark and I did for you."Millard points out she cleaned washrooms at the hangar, and washed cars.Meneses said she liked to help out.
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Millard points out Smich and Meneses stayed at an apartment he owned, they didn't pay rent. The deal was they would paint another unit he was renovating."I never told you the walls had to be scrubbed because they smelled like smoke?" He says he had to pay for a professional clean job. She wasn't aware.He changes topics, and brings up a time she helped him with a job he couldn't figure out. A small engine repair, she'd taken some courses.Millard, "Felt good to do something I couldn't?"Meneses smiles widely, "It felt amazing."This gets a big laugh from the courtroom.
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Millard pulls up a photo of an iPhone in a pink case. He gave her a phone."Do you know how much a 4S was worth when it was new?""About $1,000" she answers.Millard, "How do you spell the word hangar?"Crown Jill Cameron interjects - asking how this is relevant.Millard says he was teasing the witness.Justice Code tells him that's not the purpose of cross-examination.
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Millard tries again, "Despite the teasing, you learned a lot from me?"Meneses answers, "Oh I learned a lot from all of this."Millard, "I functioned as Mark's shield, didn't I?
Meneses, "I guess. If that's what you want to call it?"Millard, "I mean, if Mark did anything you didn't like, it was my fault." -
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Millard brings up an iPad - one that Mark got in the summer of 2012.Meneses said Friday Mark got the iPad after she saw the incinerator in use. Millard questions her on the date, asking if she's certain, because there are selfies of her from before that date (court has heard evidence the incinerator was used July 23, 2012 -- the night the Crown alleges Babcock's body was burned). He says the selfies are from July 6, 7, 8 of 2012."My recollection could be wrong."About the iPad, court has heard it was Babcock's iPad, given to her by her former boyfriend Shawn Lerner. It was re-named Mark's iPad after Babcock's alleged murder, which the Crown contends happened July 3, or July 4, 2012.
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In June 2013, Meneses told police she'd never seen the incinerator in use.Millard, "But before the weekend, you told us you saw it being used."Meneses raises her voice, "Also in my statement I told police about it being used."She gave multiple statements to police. Millard focuses on the one from June 2013.
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Millard now asks Meneses about the testimony she gave Friday about when she saw the co-accused "test" the incinerator.She recalled the summer night at Millard's farm, when Millard and Smich told her to stay in the car, listen to music and leave them alone.Millard says she used the word "they" -- who said which part, he asks?Meneses, "I don't remember who said what, just that you both said 'stay in the car, don't look back, keep your headphones in.'"
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Millard keeps talking to Meneses about her police statement - again, she gave several statements. In one of them, she describes getting out of the car at the farm.Millard asks, which one is it? Did she stay in the car with her headphones on or get out?Meneses answers, "everything I said to the Crown on Friday is all in my statement."
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Millard shows two photos to Meneses - a pair of her pink and black gloves found by police at his farm.Now we see what Millard calls "an old school gun."She saw it at his house, sitting on his bed, she says. She wanted to go to a shooting range.Millard, "I'm going to suggest you're wrong about that. Agree or disagree?"Meneses, "Disagree, strongly."
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Millard returns to Meneses police statements, when officers asked her about the incinerator - did she know about it?In one statement, she answered "No."Crown Jill Cameron interjects, "I have an issue with this."Millard says, "The witness has admitted to giving false and inaccurate information."Justice Michael Code allows Millard to continue.Millard, "You have lied to police in the past. Been dishonest with police in the past. And you've lied under oath?"Meneses, "Yes but I've corrected myself after."
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We are back - Millard says he forgot a question.He's brought up the photo of the gun from earlier that he asked Meneses about.He asks her about travelling to the United States, just the two of them.Millard, "We went to pick up ammunition for this gun."Meneses, "I don't remember that."Millard, "I'm going to suggest you brought back the ammunition."Meneses, "I don't remember," she repeats quite loudly.Millard, "Can I suggest your memory has conveniently elapsed? Are you lying?"Meneses, "I didn't bring back any ammunition. You probably did."
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Dungey tells the court, Meneses was still in high school, she was having trouble at home and with some girls at school. She needed money. She had a poor relationship with her step father."You wanted to get out of the house, so you called Mark?"Smich helped her move into his mother's place. Dungey says Mark had just returned home to live with his mother, she had cancer so he was helping her out.
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Dungey tells the court Smich bought her food, clothes, and encouraged her to go back to school (she had dropped out, so had he). Dungey says Smich wanted Meneses to finish Grade 12, because he hadn't."You were infatuated with him?" Dungey asks. She agrees.Dungey, "You didn't think Mr. Millard was a good influence on your relationship?"Meneses, "Right."
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"It's not normal two people always being together, it's bound to cause friction?" Dungey says."Correct," the witness responds.Dungey switches to Smich's rapping. "He was rapping all the time? The story-telling type?"Meneses agrees."It's common for him to use the word bitch," Dungey says, which is common in "certain youth groups.""Yes," Meneses says.
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"It was his aim in life, his goal," Dungey says about Smich's rapping.Millard talked about getting him a studio, recording an album."Mark was always talking in a rap matter, playing a part," Dungey says. "He lives it night and day.""Correct," Meneses answered.
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Dungey now takes the witness to her testimony about The Eliminator."It was not uncommon for Mark and Millard to tell you to go off on your own? That wasn't unusual," Dungey says.Meneses agrees.Dungey "They weren't saying 'get away from here, get away from here?'"Meneses agrees. They told her they were testing it.
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Crown Jill Cameron is back up to clarify a couple of points.She pulls up Meneses police statement from June 2013, when officers asked if she had seen the incinerator in use, and she responded, "one time."Meneses then goes on in the police statement to describe the trip the farm, being told to stay in the car - the same as her testimony Friday.
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Cameron continues to refer to Meneses police statements."You gave a total of eight police statements and testified over three days at another proceeding. Mr. Millard asked you about two lies under oath to police. The first in relation to cancelling a phone and ever seeing an incinerator. Why did you not tell the truth?"Cameron says the two lies were told in her first full statement to police, on May 22, 2013.Meneses, explains "It was all fresh, I wasn't sure, I was scared. I was young."Cameron asks, "Since that time, have you lied to police?""No" she answers.
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Marlena Meneses is done in the witness box.The Crown calls the next witness, Julie Gallie. She's a community recreation programmer, from Claireville Conservation Area, a job she's held since 2012.She knows Christina Noudga. Noudga was a staff person at the centre in 2012.
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Noudga was a camp counsellor, overseeing children taking part in summer programming.Gallie tells the court camp counsellors were not allowed to use their cell phones while they were monitoring the children.Crown Ken Lockhart concludes this very brief line of questioning to the witness.Millard and Mark Smich's lawyer, Thomas Dungey, have no questions.
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They hung out about four or five times a week. Michalski says they often spent time at Millard's home in Etobicoke.Michalski lived at Millard's house for a time, about six weeks in the spring of 2013.Lockhart points out Mark Smich, "who's that?"
Michalski, "Good friends with Dellen Millard." -
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Lockhart now asks about Babcock.Michalski, "He used to be her girlfriend..." he catches himself as he misspoke.He says they were on and off for awhile.Lockhart asks if Babcock and Millard dated before or after Noudga.Michalski, "Before and during... they would hook up."
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Michalski tells the court he didn't see Babcock at Millard's home very often - once every few weeks.Michalski says he left the GTA to live in Winnipeg in April, 2012, for about six months. He took a job out there.He stayed in touch with Millard during this time through text messages.
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Crown Ken Lockhart pulls up text messages from Babcock to Michalski:Babcock, "This is what I got from dell. I just looked at my cell...of course i don't know your disorder. its yours and you dont know anyone else's. it's unfortunate you got dealt a bad hand. i don't blame you for your disorder but it is up to you to manage it. this your life Laura. It's all you'll ever have, you can cry and wine (his spelling) about your malformations or you can be appreciative that you have five fingers, five toes and enough comprehension to read & write. believe it or not that netter than the truly unfortunate getyou are harmful to me. please don't try to contact me until you've made some huge leaps of self discovery.as i said before, good luck with life.Babcock: Am I that bad of a person?Michalski: No your super nice and mean well but you just need to think bf you say something sometimes.Babcock: ya dells def not a fan of me. He told me he told xtina when he slept with me before. Erg these ppl cause do much unwanted drama for me. and bring me into it.
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Michalski says he only learned Babcock was missing, after seeing a post on Facebook.Another text message, a photo attached, from July 17, 2012. It's a news article, the headline:Police looking for woman last seen in Roncesvalles 3 weeks ago.Michalski sent it to Millard.
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Beyond this, Michalski says he never spoke to Millard about Babcock's disappearance."I never had a conversation... nothing."Crown Lockhart asks, why not?"Just cuz we didn't think highly of her at that time."Michalski says Millard shared the same opinion of Babcock - Crown Lockhart asks what he means.MIchalski, "Just because of the bad blood between them."Crown Lockhart finishes questions.We're on the afternoon break. Back in 15 minutes.
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Justice Michael Code says he's going to give Millard and Smich's lawyer the rest of the day to prepare to cross-examine Michalski."The Crown has two witnesses left to call. Neither of them are lengthy. We are very very much ahead of schedule again... We'll probably have a short day tomorrow," says Code.The jury is dismissed. We're back at 10 a.m. ET Wednesday.