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
From AI running wild to collapsing ecosystems, government report outlines future disruptions
From artificial intelligence running wild to collapsing ecosystems, a new Canadian government report outlines 35 disruptions that could rattle the country in the near future.
B.C. serial killer Robert Pickton hospitalized after prison attack
British Columbia serial killer Robert Pickton was attacked and sustained life-threatening injuries in a Quebec prison Sunday in what officials described as a 'major assault.'
opinion Tom Mulcair: With Trudeau spiralling, Mark Carney waits in the wings
In his latest column for CTVNews.ca, former NDP leader Tom Mulcair argues that if there's an unofficial frontrunner in the eventual race to replace Justin Trudeau as Liberal leader, it has to be former Bank of Canada governor Mark Carney.
Toronto Blue Jays fan struck by 110 m.p.h foul ball offered tickets, signed baseball by team
The Toronto Blue Jays have offered tickets and a signed baseball to a fan who says she was struck in the face by a 110 m.p.h (177 km/h) foul ball at Friday’s game.
Matthew Perry's death is being investigated over ketamine level found in actor's blood, reports say
An investigation has been opened into the death of Matthew Perry and how the “Friends” actor received the anesthetic ketamine, which was ruled a contributing factor in his death.
OPP continues to investigate boat collision north of Kingston, Ont. that left 3 people dead
Ontario Provincial Police continue to investigate a long weekend fatal boat collision on Bobs Lake, north of Kingston, Ont.
Police in Ontario say suspects charged in armed home invasion near Toronto part of 'larger criminal network'
Police in Ontario say a group of suspects charged in an armed home invasion north of Toronto last year were driving a vehicle stolen in a carjacking in Calgary just one month earlier.
Stolen septic truck swerves through traffic, spike belt needed to stop it: Manitoba RCMP
A 29-year-old woman has been charged after police say she stole a septic truck from a Manitoba community and drove erratically on the highway.
Orphan orca's extended family spotted off northeast side of Vancouver Island
Members of a killer whale pod related to an orphan orca calf that escaped a remote British Columbia tidal lagoon last month have been spotted off the northeast coast of Vancouver Island.