On their second day of deliberations, it didn’t take long for jurors at the Michael Ball murder trial to decide on a way forward.
Late Thursday morning, Ball, lawyers and others involved in the trial gathered in the Kitchener courtroom where the trial is being held upon hearing news that the 12 jurors had two questions for Justice Gerry Taylor.
First, jurors asked if they could have the audio recording of Chris Smith’s testimony.
Smith did not testify at the trial directly because he had left Canada by that point.
Instead, jurors heard a recording of information he provided at a preliminary hearing before the trial.
Smith told that hearing that he knew Erin Howlett through her ex-boyfriend James Baechler, and that he knew Ball because Ball had sold him drugs.
Ball is accused of killing Howlett, and has pleaded not guilty to first-degree murder in connection with her death.
Smith also said that he stole items from Ball’s apartment after his arrest and lied about doing so, but eventually returned most of the items.
Taylor told jurors that they had access to all exhibits introduced as evidence during the trial, including the recording of Smith.
Jurors also asked if they could have a copy of a police interview of Ball. They were told that they could not, as the interview itself was never submitted as evidence.
The jury then left the court room to continue its deliberations.
Shortly before 6 p.m., they decided to retire for the night and resume their deliberations on Friday.
In delivering his final instructions to the jury, Taylor had said that jurors could also find Ball guilty of second-degree murder or manslaughter, if they believed he killed Howlett but his doing so did not meet the criteria for first-degree murder.
