Court dismisses appeal of former B.C. Lions player convicted of ex-girlfriend's murder
British Columbia's highest court has dismissed an appeal from a former B.C. Lions wide receiver who sought to overturn his conviction in the second-degree murder of his ex-girlfriend.
In June 2022, Josh Boden was sentenced to life in prison with no chance of parole for 14 years for the 2009 killing of 33-year-old Kimberly Hallgarth in Burnaby, B.C.
At sentencing, the B.C. Supreme Court heard that Boden viciously beat and choked Hallgarth in the home she shared with her three-year-old daughter, and then staged the scene in an attempt to make her death look like an accident.
Boden's conviction depended on the testimony of witness Heidi Nissen, who was present during the murder and identified the former footballer as the killer.
Nissen was also involved in an intimate relationship with Boden at the time, and like the victim, also worked for him in the sex trade, according to the B.C. Court of Appeal decision Thursday.
In his appeal, Boden did not dispute that he was in Hallgarth's home when she was killed. However, he argued that evidence heard at trial about the way he treated Nissen was prejudicial and should not have been admitted by the judge.
Boden argued the error rendered his trial unfair and necessitated a new hearing on the murder charge.
Kimberly Hallgarth is shown in a photo provided by the Integrated Homicide Investigation Team. (IHIT)
In a 3-0 decision, B.C.'s appeal court upheld the lower-court ruling and found the judge was not only right to admit the evidence, but Boden's own defence counsel provided "unequivocal and informed" consent to its admission at trial.
"Defence counsel cross-examined extensively on the evidence, eliciting details beyond what was led by the Crown," Justice Joyce DeWitt-Van Oosten said. "From his written closing submissions, it is readily apparent defence counsel sought to use the cross-examination not only to challenge (Nissen's) credibility and reliability, but also to lay a foundation for her as the perpetrator of the murder."
Boden, 37, played for the B.C. Lions in 2007 before being released from the team in 2008 and signing with the Hamilton Tiger-Cats, although he never played a regular-season game with that team before he was cut.
CTVNews.ca Top Stories
Judge in Trump's hush money trial threatened to throw witness out of court for behavior on stand
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
What is BORG drinking, and why is it a dangerous trend? An expert explains
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
The world's best airline is paying staff a bonus of 8 months' salary
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
Oilers win Game 7 over Canucks, advance to Western Conference Final
The Edmonton Oilers weathered a late Vancouver Canucks charge on Monday night, beating the hosts 3-2 to win their seven-game second-round playoff series in the decisive showdown.
McGill says pro-Palestinian protest outside senior administrator's home 'crosses the line'
McGill University has denounced a pro-Palestinian protest held Sunday outside the home of one of its senior administrators.
Red Lobster probes 'endless shrimp' losses after bankruptcy filing
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.
Katy Perry sings goodbye to 'American Idol'
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'
Microsoft's AI chatbot will 'recall' everything you do on a PC
Microsoft wants laptop users to get so comfortable with its artificial intelligence chatbot that it will remember everything you're doing on your computer and help figure out what you want to do next.
Judge cites error, will reopen sentencing hearing for man who attacked Nancy Pelosi's husband
A federal judge will reopen the sentencing hearing for the man who broke into Nancy Pelosi's San Francisco home and bludgeoned her husband with a hammer after the judge failed to allow him to speak during his court appearance last week.