When is Dellen Millard’s and Mark Smich’s trial for the murder of Laura Babcock?

Dellen Millard

Dellen Millard

I am regularly asked for updates on the Laura Babcock murder trial. It is still set for this fall and looks highly unlikely to be postponed as it was already bumped from February of this year

There are pre-trial motions scheduled for August 28th. While the pre-trial motions in this and all other cases are typically subject to a publication ban, the public can attend and they are often very interesting.

And that’s really all I can tell you at this point.

Accused Murderer Mark Smich

Mark Smich 

Mark Smich wants Laura Babcock murder charge stayed

 

Accused Murderer Mark Smich

Mark Smich was charged in April 2014 for the murder of Laura Babcock. His trial is set for September 2017, three and a half years later

By now you may have heard the news that Mark Smich, the convicted killer of Tim Bosma (along with his ex-pal, Dellen Millard), wants the charges against him for the murder of Laura Babcock stayed due to undue trial delays.

You may be panicking. Could this really happen? Oh yes it can, you’re saying. Look at this case in Ottawa where an alleged murderer got off and this one, where charges of sexually assaulting a child were stayed because technical issues caused trial delays.

In the latter case, Ontario Court Justice David Paciocco said the accused’s right to a speedy trial had been violated. He cited the Supreme Court’s recent Jordan ruling, which set time limits on the period between charges being laid and the trial getting underway. Those limits are 18 months for most criminal cases and 30 months for the most serious cases, including murder.

Justice Julianne Parfett used the same reasoning when she stayed the Ottawa first degree murder charges mentioned above. In something of an understatement, she wrote in her ruling: “I am well aware that, in deciding to stay these charges, the family of the deceased in this matter will not see justice done as they would want.”

According to the news reports, neither of these judges seemed overly concerned about the possibility their rulings might bring the justice system into public disrepute. Ontario’s attorney general almost immediately asked for a review of Parfett’s ruling. (Ed: I’d like a review of how she became a superior court judge. Can you look into it? And what’s up with this Paciocco guy while you’re at it?)

The news of Smich’s upcoming motion was raised by his lawyer Thomas Dungey in Toronto court today for a routine proceeding.

In another case, whose updates were heard just before Smich’s, there were also concerns raised about possible trial delays. Regarding this other, non-Smich case, Justice John McMahon said, “We’re not going to have a murder case in Toronto stayed because we didn’t do it in the time. It’s not going to happen.”

Smich was charged with the murder of Laura Babcock in April 2014. His trial was supposed to have begun earlier this month but was delayed because his co-accused Dellen Millard said he couldn’t find nor pay a lawyer and he had been denied legal aid. That caused the Babcock trial to be bumped to September of this year. (The court also heard Millard still hasn’t gotten his finances sorted and is appealing the Legal Aid decision.)

Millard’s and Smich’s circumstances are somewhat unusual given that they themselves weren’t available at earlier dates for the Laura Babcock trial. They spent several months of 2015 and the first half of 2016 in court in Hamilton for the murder of Tim Bosma for which they were eventually convicted.

Millard is also charged with the murder of his father, Wayne, a trial which isn’t scheduled to take place until 2018.

Both Smich and Millard are pleading not guilty to all charges against them.

 

 

 

Dark Ambition chronicles the Tim Bosma murder investigation and trial

screen-shot-2016-09-16-at-2-37-55-pmDark Ambition: The Shocking Crime of Dellen Millard and Mark Smich went on sale November 8. (Yes, that day.) In between the wall-to-wall Trump election coverage, I did a number of radio and TV interviews about the book, two of which have been posted online.

If you’re curious, my talk with John Gormley can be found here, the last item on the November 9th list. I also spoke to Scott Radley of CHML in Hamilton, who wondered what more there was for the public to know about the Tim Bosma case after the very extensive trial coverage. You can hear my response by going the station’s audio vault and filling in the date (Nov. 9) and time (7:00 p.m.) of the interview and then fast forwarding to 7:42 p.m.

Radley is not the first person to ask me if they will learn something new from the book. Here’s what some readers said:

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Comments like this are extremely gratifying. One of my goals with this book was to take people inside the courtroom and help them understand in detail what it’s like for the police to investigate a murder, and then for the prosecutors to bring the case to trial. Another thing I try to do is give readers a feel for how this tragic and extremely high-profile murder  was discussed in social media and occupied armchair detectives at sites like Websleuths, which not everyone is familiar with.

You can buy Dark Ambition in most bookstores and order it online at Chapters/Indigo and Amazon although the hardcover version is temporarily out of stock until Nov. 17th at Amazon Canada. A few copies are still available at Amazon.com.

I’d be happy to answer any questions you might have about the book in the comments section. Or you could come out and talk to me in person at a special literary evening on Thursday November 17th in Burlington. Writers Stephen Brunt and Brent van Staalduinen will also be there discussing their new books. There’s a $20 admission fee with all proceeds to the East Plains United Church.

Come hear about ‘Dark Ambition’

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Pre-order at Amazon or Chapters/Indigo

I’ll be speaking about my new book, Dark Ambition: The Shocking Crime of Dellen Millard and Mark Smich on Thursday November 3 at the Barbara Frum library.

Although Dark Ambition won’t be officially released until November 8, there will be special copies for sale on Thursday.

Also speaking will be Jeremy Grimaldi, author of A Daughter’s Deadly Deception, the story of the fascinating Jennifer Pan case.

Here are the details.

Hope you can make it if you’re in the GTA.