'Do you find me sketchy?' Accused killer Dellen Millard questions ex-boyfriend of Laura Babcock - Action News
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'Do you find me sketchy?' Accused killer Dellen Millard questions ex-boyfriend of Laura Babcock

Dellen Millard received a warning Tuesday from the judge overseeing his first-degree murder trial about an "inappropriate" line of questioning during his cross-examination of the ex-boyfriend of the woman he is accused of killing.

Millard and Mark Smich face 1st-degree murder charges in death of woman who hasn't been seen since 2012

Dellen Millard, centre, questioned Laura Babcock's former boyfriend Shawn Lerner in court on Tuesday. (Pam Davies/CBC)

DellenMillard received a warning Tuesdayfrom the judge overseeing his first-degree murder trial about an "inappropriate" line of questioning during hiscross-examination of the ex-boyfriend of the woman he is accused of killing.

Millard, 32, of Toronto, is representing himself at the Superior Court trial in Toronto, while his co-accused, MarkSmich, 30, ofOakville, Ont., has a lawyer. Both men have pleaded not guilty to the first-degree murder of LauraBabcock.

Babcockwas 23 when she vanished from Toronto in 2012. Her body was never recovered and prosecutors have told the jury they believe the two men used a commercial incinerator to dispose of it.

This is Day 2 of the trial, which is expected to go on for 10 weeks.

A day after questioningBabcock'sfather, Millard faced off with ShawnLerner, who datedBabcockbetween 2010 and 2011.

"Shawn, you don't like me very much, do you?" Millard asked as he opened his questioning.

"No,"Lernerresponded.

"Do you find me sketchy?" Millard then asked.

"Yes,"Lernerreplied.

Laura Babcock disappeared from Toronto in 2012. Dellen Millard and Mark Smich have been charged with her murder. (Facebook)

Later, Millard shifted his questions toLerner'sfeelings forBabcock. The pair dated for about a year and a half before breaking up in the winter of 2011.

"How do you feel about Laura today, your personal feelings?" he asked.

"I miss her,"Lerneranswered.

Previously, at the LauraBabcockmurder trial:

ReadCBCNews'sfull coverageas the trial continues.

Millard paused and said: "She was your first sexual partner, wasn't she?"

At that point, Crown prosecutor KenLockhartstood up to object, but Justice Michael Code was already shaking his head and staring down Millard.

"That's not an appropriate question," Code said.

The judge also stopped Millard, later on, from pursuing questions about whatLernerwas told by people he contacted during his search forBabcockin the summer of 2012, on the grounds that it was "hearsay."

ButLernerdid testify about one person he spoke with during that search:DellenMillard.

'Don't know where she is'

On Monday,Lernertold the court that he contacted Millard after learning throughBabcock'scellphonerecords that her last eight calls before disappearing were to Millard.

The court viewed text messages the two exchanged in 2012. WhenLernernotified Millard that he was searching forBabcock, who hadn't been seen, he replied:"heard about that, don't know where she is."

The two met at aMississaugaStarbucksto talk aboutBabcock.Lernertestified that Millard told him thatBabcockwas "mixed up" with drugs and "the wrong people."

Millard, left, and Smich, right, are accused of first-degree murder in the death of Babcock. (Facebook, Instagram)

Lerneralso said Millard told him he should have "no reasonable expectation of finding her."

When asked by Millard about the strength of his memory of this, he said he remembered the meeting "very vividly."

'I cared about her'

Millard confrontedLernerabout any bias he might have towardhim.

The two men only knew each other throughBabcock, who became involved with Millard after datingLerner.

Lernerwas asked about a birthday party forBabcockhe attended at Millard's Toronto condo. At that party,Lernersaid,he was concerned that Millard gaveBabcock"unsolicited" drugs, likely ecstasy orMDMA.

Asked why he was concerned,Lernersaid, "Because she was my girlfriend and I cared about her and loved her."

From left to right: Dellen Millard, Mark Smich, Justice Michael Code, Clayton Babcock and Crown attorney Jill Cameron in court on Monday. (Pam Davies/CBC)

At one point, Millard askedLernerif he was "trying to shift the case oneway or another?"

"No, absolutely not,"Lernerresponded.

"Are you trying to shift suspicion onto me?" Millard then asked.

"No, I'm trying to answer your questions,"Lernersaid.

Mentioned suicide

DuringLerner'sevidence in chief,he testified thatBabcockmentioned suicide once while they were dating. It was during a time when her mental health seemed to be particularly bad and she attended a hospital.

In his cross-examination,Smich'slawyer, ThomasDungey, pressedLernerfor more specific information.

Lernersaid it happened more than six years ago and he couldn't recall ifBabcockspoke about suicide to him or he overheard her say it to a nurse.

DungeyhadLernerrevisit a statement he gave to police during their investigation in which he saidBabcock"really melted down" during that episode.

Smich'slawyer also askedLernerif he ever sawBabcockcut herself intentionally, something Millard also posed toBabcock'sfather on Monday.

Lernertestified that he never saw this, but thathe "saw her with cuts."Lernersaid he did not know if they were self-inflicted or not.

Friends remember final contact

The Crown also called two ofBabcock'sfriendsas witnesses on Tuesday. Likeanother friend called on Monday, all had knownBabcocksince her high school days or even earlier.

Babcockwas described as a "fun-loving,""easy-going" person and, more to the Crown's purposes, someone who stayed in regular contact up until the time period in which it's alleged she was killed.

However all of them, as well asLerner, testified thatBabcockseemed to be struggling in the months leading up to her disappearance. All but one testified thatBabcocktold them she was working as an escort.

Under cross-examination,DungeyaskedBabcock'shigh school friend JasonDengateif he was aware thatBabcock'sparents called the police aboutherat one point during this period.

"I believe she mentioned that,"Dengatetestified.

Another friend was questioned byDungeyaboutBabcock'sdrug use.

Longtime friend of theBabcockfamily Elisabeth VanRensburgtold the court that she knewBabcockused cocaine "a couple of times" and smoked marijuana.

Dungey, again pressing for more specific details, asked the witness ifBabcocksmoked marijuana to deal with mental health problems.

"I don't think it was mental health," VanRensburgresponded, "just that she liked it."

Victim's bank accounts

Late Tuesday, the court also heard from a TD Bank employee who testified aboutBabcock'sbanking activity.

The Crownsubmitted as evidenceBabcock'sbank statements showing this activity mostly coming to a haltafter the date she's alleged to have been killed.

The bank employee testified on Tuesday that some of the transactions completed after this date were connected to the accounts ofBabcock'sparents or were carried outautomatically by the bank.

For more details about what happened in court see our liveblog: