Ontario's top court upholds convictions against Laura Babcock's murderers

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Ontario's top court upheld convictions against Dellen Millard and Mark Smich for killing a 23-year-old woman more than a decade ago, marking back-to-back appeals dismissed this week against the multiple murderers.

The appeal decision released Thursday in the murder case of Laura Babcock came a day after the Court of Appeal for Ontario upheld Millard's and Smich's convictions for the 2013 murder of Tim Bosma.

"We are relieved, greatly," Linda Babcock said in an interview. "Nothing really changes. She's still gone every day. This is extremely emotional." It was not immediately clear whether Millard planned to seek leave to appeal to the Supreme Court and his lawyer did not immediately return a request for comment.

Phone records placed Babcock, Millard and Smich in the area of Millard's house on July 3, 2012, the night she made her last outgoing call, to her own voicemail, before her disappearance. At trial, the court was presented with rap lyrics written and performed by Smich, which referred to a woman's burned body and her phone being tossed in a lake.

Millard developed a reputation for representing himself in court dating back to the Babcock trial. More recently, he represented himself in March when he appealed his conviction for killing Bosma and his own father, as well as in a recent trial where he was found guilty of an inmate prison assault. The decision dismissed a number of Smich's arguments, including that the trial judge did not properly instruct the jury how to properly balance the cases against each co-accused. In particular, his lawyer argued the judge did not properly tell the jury how to determine Smich's liability for murder, since much of the evidence against him related to his conduct after the fact.

 

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