Court dismisses appeal of former B.C. Lions player convicted of ex-girlfriend's murder
![Josh Boden Former Canadian Football League wide receiver Josh Boden, right, goes through security screening as he arrives at British Columbia Provincial Court in Vancouver on Thursday July 26, 2012. THE CANADIAN PRESS/Darryl Dyck](/content/dam/ctvnews/en/images/2022/6/16/josh-boden-1-5950392-1655413227262.jpg)
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
![](https://www.ctvnews.ca/polopoly_fs/1.6977430.1721929538!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
'There's mom and dad's house': New video appears to show destruction of Jasper neighbourhood
Video posted to social media on Thursday morning appears to show the charred remains of a Jasper, Alta., neighbourhood.
LIVE UPDATES Multiple homes, businesses 'lost' to wildfire in Jasper National Park: Parks Canada
Officials from Parks Canada and Jasper say "multiple structures, including a number of businesses and homes, in and around the town of Jasper, have been lost" to wildfire in Jasper National Park.
Alberta premier says a third, perhaps half, of all Jasper buildings destroyed by fire
Alberta Premier Danielle Smith says early reports indicate a third and perhaps up to half of all buildings in the historic Rocky Mountain resort town of Jasper have been destroyed in a wildfire.
Prince William's 2023 salary revealed in new report
Newly released financial reports show that William, the Prince of Wales, drew a salary of $42.1 million last fiscal year, his first since inheriting the vast and lucrative Duchy of Cornwall.
Canada to bring home fewest Olympic medals since 2012, according to forecaster
Fewer Canadians are expected to reach the Paris podium than in the previous two Olympic Summer Games, a global data analytics company predicts.
Former judge with disputed Cree heritage likely has Indigenous DNA: law society
The Law Society of British Columbia says a DNA test shows a former judge and Order of Canada recipient accused of falsely claiming to be Cree "most likely" has Indigenous heritage.
Tourist suffers 3rd-degree burns to feet after losing flip flops amid soaring temperatures in Death Valley
A tourist was hospitalized after suffering serious burns on his feet on Saturday when he lost his flip flops at a U.S. national park where temperatures soared past 48 Celsius.
Jennifer Aniston criticizes JD Vance for 'childless cat ladies' remarks: 'I pray that your daughter is fortunate enough to bear children'
Jennifer Aniston is criticizing JD Vance for comments he made in his past about women without children.
'Skibidi Toilet:' If you don't know what it is, you will
'Skibidi Toilet' is already an internet sensation and now its about to get even more exposure after the YouTube series is being developed for TV and film, according to a report by Variety.