THUNDER BAY - A judge will need to determine ‘who was driving the bus’ in the extortion case against Keith and Marisa Hobbs and Mary Voss – the accused or the alleged victim.
Closing submissions in the trial against former Thunder Bay mayor Keith Hobbs, his wife Marisa, and local resident Voss were heard in a Thunder Bay Courtroom on Thursday before Justice Fletcher Dawson.
Keith and Marisa Hobbs appeared via telephone from Wawa, unable to attend in person after getting stuck due to a highway closure.
In his closing submission, Crown attorney, Peter Keen, argued that it was Keith and Marisa Hobbs who were principal parties behind the extortion attempts against the alleged victim to purchase a house for Voss with threats of handing over incriminating evidence to police, while Voss was a party to the extortion.
“There is one central issue in the case,” Keen said. “Whether you convict will hinge on this single issue. Whether Keith Hobbs made a threat against the victim to induce him to buy a house and whether Marisa Hobbs was party to a threat made by Keith to buy a house.”
Brian Greenspan, who is representing Keith and Marisa Hobbs, countered in his closing submission by arguing it was the victim attempting to exert control over Voss and buy silence.
“He bosses everybody in his sphere,” Greenspan said. “He has an issue, hush money time. Buy it off. Pay it off. Cash for silence are his words.”
Keen focused the majority of his closing argument on Keith and Marisa Hobbs and said it was not the Crown’s case that Voss made a direct threat against the victim.
According to Keen, the behaviour of all parties involved in the case was bizarre and odd when compared to societal norms.
However, direct evidence and circumstantial evidence points to the crime of extortion being committed.
“Every extortion is going to involve the use of incriminating evidence,” Keen said. “Something bad someone has done for the purpose of getting money out of them.”
Videos showing the alleged victim acting erratically and using vulgar and offensive language were at the centre of the nearly three-week trial. These videos were uploaded to USB drives and one was given to Craig Loverin, a friend of the victim, by Keith Hobbs.
According to Keen’s submission, it was Keith and Marisa Hobbs who used these videos to coerce the victim into purchasing a house for Voss.
Keen made reference to a meeting between Keith Hobbs and the victim on the morning of Nov. 16, 2016 and how the victim’s behaviour then changed.
“After that meeting with Keith and Marisa Hobbs, he repeatedly says I am being extorted,” Keen said. “Not I want to buy you off. Not I want to offer you cash for silence. But I am being extorted.”
Keen questioned the truthfulness of the statements made by the accused, as well as Keith Hobbs own testimony during the trial.
Hobbs testified in his own defense and Keen said he reversed himself on a central point in the trial, being that he did in fact tell Loverin to show the videos to the victim, when Hobbs first testified he told Loverin to do what he wanted with them.
“The Hobbs’ motivations, as they set out in Mr. Hobbs testimony and in their statements, was not the whole truth to put it most favourable to the accused,” Keen said.
The Crown’s theory, according to Keen, was that Keith and Marisa Hobbs were driving the bus and Voss was along for the ride.
“Mary Voss’s situation is quite different,” Keen said. “This is a tough case. There is strong evidence supporting the Crown’s position. There is also strong evidence pointing away from the Crown’s position.”
Keen said Voss was aware of the core details, but there is no evidence of any direct threats made by Voss against the alleged victim.
“You may be left with reasonable doubt as to whether she was part of the threats,” Keen told Justice Dawson.
Greenspan questions credibility of alleged victim
While Keen admitted the alleged victim behaved in a vile manner though does not justifiy being extorted, Greenspan painted a much different picture of the victim, arguing he was attempting to control the situation and buy the silence of others.
“We say that our narrative is more persuasive than the Crown’s,” he said. “We have the advantage that the witnesses on behalf of the defense and the numerous statements of all three accused, were law-abiding members of the community. By contrast, the primary witness for the Crown was corrupt, vulgar, and by his own words, a person capable of grotesque conduct.”
Greenspan said the defense has no case to prove and the burden of proof falls with the Crown.
“What is clear and unequivocal is the Crown must establish not that threats were made, but they were made to induce (the victim) to purchase a house and those threats were threats to report his vile conduct to the police,” Greenspan said.
According to Greenspan, the victim said repeatedly that other people were extorting him, though never the Hobbs’. When it came to the purchase of a house for Voss, it was not Keith or Marisa Hobbs who brought the idea forward.
“It’s his initiative, it’s his idea,” Greenspan said. “He is forcing it on Mary Voss. It’s not what they want to do. It’s what he wants to do. Because what (the victim) wants, (the victim) gets.”
The victim’s behaviour during 2016 was also brought forward by Greenspan, who referenced the victim’s heavy drinking and paranoia, which should render his testimony questionable.
“My friend is trying to chronicle this rational reaction of this perversely drunk person who has blackouts and is in a haze and selectively recalls things that make his eyes as big as saucers, it’s preposterous to place any reliance upon him,” Greenspan said.
Greenspan also said Keith and Marisa Hobbs were the ones to ‘blow up the deal’ and the victim’s demeanour changed because he had ‘lost control of the situation.’
“(The victim) buys allies,” Greenspan said. “He buys friends. He enlists others to do his dirty work and he enlists others to make sure the accusations and impropriety don’t stick to him.”
“There was no extortion here and there was no crime here,” Greenspan said. “The only crime that’s been perpetuated here was by Loverin and (the victim) by initiating these false charges against Keith and Marisa Hobbs and Mary Voss.”
George Joseph, who is representing Voss, provided a brief closing submission, where he said if Keith and Marisa Hobbs are acquitted, Voss should be acquitted as well.
Joseph also spoke of the relationship between Voss and the alleged victim, once again pointing out the background of the two.
“There was a power imbalance between (the victim) and Voss,” he said. “(The victim) repeatedly had to exercise his influence and intimidation.”
Joseph also pointed out to questions by Det. Insp. Martin Graham of the Ontario Provincial Police during a videotaped interview with Voss, particularly why she did not remove herself from the situation.
“I want you to think about that comment in the context of a woman who has been subject to abuse,” Joseph said.
Justice Dawson is expected to return with a decision in February 2020.
Complete coverage of Hobbs trial:
Day 1: Keith Hobbs trial starts today
Witness testifies of interactions between Hobbs and alleged extortion victim
Day 2: Details of extortion allegations heard at Hobbs trial
Day 3: Videos from USB drive given by Hobbs shown in court
Day 4: Alleged extortion victim calls behaviour in videos horrid and awful
'Pack your toothbrush' Hobbs alleged warned extortion victim
Day 5: Alleged extortion victim trying to ‘buy silence:’ Greenspan
Day 6: Alleged extortion victim believes Voss was ‘swayed’ by Keith and Marisa Hobbs
Witness testifies of agreement signed between alleged extortion victim and accused
Day 8: Homeowner testifies of Marisa Hobbs and Voss viewing $429,000 home
‘I have never extorted anyone’ Hobbs says during videotaped statement with OPP
Day 9: ‘We are guilty of being stupid:’ Marisa Hobbs tells police
Day 10: OPP investigator tells Voss ‘the truth will set you free’
Marisa Hobbs ‘won’t take no for an answer:’ Voss
Day 11: Voss believes alleged extortion victim 'set her up'
Day 12: Keith Hobbs testifies in extortion trial
Hobbs questioned about association with alleged extortion victim
Day 13: ‘I have never threatened (the victim):’ Hobbs testifies
Day 14: Evidence concludes in Hobbs, Voss extortion trial
