Judge defines circumstantial evidence jury must consider

Judge Michael Code summarized the task before his Ontario Superior Court jury in the first-degree murder trial of Dellen Mllard and Mark Smich for the alleged murder of Laura Babcock Thursday. Code defined seven areas of circumstantial evidence which he said the jury members must assess and decide upon as a whole. They were, he said, motive, opportunity, evidence of the incinerator and Millard’s handgun purchase, Babcock’s disappearance, her risky lifestyle, the use of the incinerator on July 23, 2012, and statements made by Millard and Smich after the Toronto woman disappeared. The justice began his address to jurors by telling them the case is based on two crucial questions — whether or not Babcock is actually dead and whether or not Millard and Smich killed her. His direction and summary will continue Friday.

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