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
BREAKING Parents of infant who died in wrong-way crash on Ontario's Hwy. 401 were in same vehicle
Ontario’s Special Investigations Unit has released new details about a wrong-way collision in Whitby on Monday night that claimed the lives of four people.
Galen Weston pushes back on 'misguided criticism' of Loblaw as boycott begins
Loblaw chairman Galen Weston, as well as the company's new chief executive, pushed back on what they called 'misguided criticism' of the grocer as a boycott against the company gains steam online.
Three Quebec men from same family father hundreds of children
Three men in Quebec from the same family have fathered more than 600 children.
B.C. mayor stripped of budget, barred from committees over Indigenous residential schools book
A British Columbia mayor has been censured by city council – stripping him of his travel and lobbying budgets and removing him from city committees – for allegedly distributing a book that questions the history of Indigenous residential schools in Canada.
'Giant-killer' Kazushi Kimura to race in Kentucky Derby this weekend: 'I'm representing Canada and Japan'
Six years ago, at age 18, Kazushi Kimura left his home and family behind in Hokkaido, Japan to chase a dream. This weekend, he'll ride in the Kentucky Derby.
Quebec premier asks police to dismantle camp at McGill University
Quebec Premier Francois Legault has called on the police to dismantle the pro-Palestinian protest encampment on the lower field of McGill University's downtown campus in Montreal.
Orangutan observed treating wound using medicinal plant in world first
Scientists working in Indonesia have observed an orangutan intentionally treating a wound on their face with a medicinal plant, the first time this behavior has been documented.
TD Bank hit with $9.2M penalty after failing to report suspicious transactions
Canada's financial intelligence agency says it has levied a $9.2-million penalty against The Toronto-Dominion Bank for non-compliance with money laundering and terrorist financing measures as the bank also faces compliance investigations in the U.S.
Doctors concerned about potential spread of bird flu in Canada
H5N1 or avian flu has been detected at dozens of U.S. dairy farms and Canadian experts are urging surveillance on our side of the border too.