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
ANALYSIS Will Donald Trump go to prison? What the precedent says
Now that the jury in Donald Trump's criminal trial has made the historic decision to convict him, the judge overseeing the case will soon face a monumental choice: whether to sentence the 2024 Republican presidential candidate to time behind bars.
A pair enjoyed pricey meals and bolted when it was time to pay. Their dine and dash ended in jail
A Welsh couple who dined out on pricey meals and bolted when the bill came is now paying the price, behind bars.
The northern lights are returning to night skies across Canada this Friday
If you missed the brilliant displays of the aurora borealis over North America on May 10, you may have another chance to see them on Friday night.
Montreal tech billionaire charged with several sex offences
Robert Miller was charged Thursday with several sexual assault charges after Montreal police reopened an investigation into the tech billionaire.
Can Trump come to Canada now that he's a convicted felon?
A Canadian immigration lawyer says now that Donald Trump is a convicted felon, he is technically barred from crossing the border into Canada.
Liberal government's own polling said Canadians worried about drug decriminalization
Months before British Columbia sought to scale back its drug decriminalization pilot project, the federal government's own polling suggested to officials that a majority of Canadians believed the policy would lead to an increase in overdoses.
Loblaw testing out small-format No Frills grocery stores
Loblaw is testing smaller-format discount stores across the country this year as shoppers increasingly look for ways to save on their grocery bill.
Doomsday plot: Jury convicts Idaho man of killing wife and girlfriend's 2 children
An Idaho man was convicted Thursday of killing his wife and his new girlfriend's two youngest kids in a strange triple murder case that included claims of apocalyptic prophesies, zombie children and illicit affairs.
'Why didn't they stop?' Mom asks of driver in hit-and-run crash that killed son
The mother of a 13-year-old boy who was killed in a hit-and-run in Edmonton is begging the driver to come forward.