Trial Thread, May 1, 2012 Defense begins it case in chief

[otto]

It puzzles me as to why the Crown didn't present the evidence.

The witness went to the police with this information days after the abduction.

She helped LE start looking for a woman with a white puffy coat, but her testimony wasn't credible enough for the Crown to put her on the stand?

Does Derstine now point to this witness...........and tell them that without him revealing the information, they wouldn't have heard this key testimony.

Does he ask the jury how much other information that doesn't suit the allegations, the Crown hasn't disclosed?

Powerful words in front of the jury........to create reasonable doubt.

JMO...........

It seems to me that the crown did not need this witness to prove the case. The defence needs this witness to prove the babysitting theory.

This has nothing to do with accusing the prosecution of not disclosing evidence/witnesses since the defence is only aware of this witness due to disclosure.

 

[Sailor Bug]

Comment From ITGuy ITGuy : ]
FYI: Life imprisonment in Canada means that an offender will be under federal supervision, whether in prison or in the community, for the rest of his or her life. High treason and first degree murder carry a mandatory sentence of life imprisonment with a parole ineligibility period of 25 years. Previously, in the case of high treason or first-degree murder (where the offender has been convicted of a single murder) offenders could have their parole ineligibility period reduced to no less than 15 years under the Faint hope clause which has since been repealed

Mike Knoll: @ITGuy - thanks

 

[~n/t~]

What's going on? It's almost 3 !

 

[Sailor Bug]

Dirk Derstine spoke to the media at the onset of the trial, and he said that the public would be surprised at what would be stated in the court room. Was he speaking about the defense case or the complete trial. I do not find anything surprising about the defense strategies thus far??

Mike Knoll: @Trinity3 - well that's what lawyers do. But I would guess that Derstine was referring to TLM saying she struck the fatal blows




RaffertyLFP: Court back in session. No jury yet.

 

[snoofer]

Can you clarify what life in Canada is? The accused only has to serve 25 years correct?

Mike Knoll: - Life is life. You face parole at 25 years and if it's granted you still remain under control of corrections Canada.

RaffertyLFP: Long lunch break. No sign yet that court is about to reconvene

so it means the prisoner's natural life; unless after 25 years they are successful getting parole?? JMO

 

[impatientredhead]

I believe the defense assertion was that MR was away from the car when TLM murdered VS and came back to discover what had happened.

JMO..........

They were outside.
You would have to go a LONG way away from the car to not hear the screams of someone being beat to death. And if you are walking that far away it is because you know something horrible is happening. And if you know, you are culpable.

 

[matou]

That's it??? That's all???? no more witnesses???? I think everyone in Woodstock and the environs had a white coat that winter/spring of 2009. Tara had one, heck, I think even Precious the Dog had one. Buh bye MTR. JMO

 

[snoofer]

Dirk Derstine spoke to the media at the onset of the trial, and he said that the public would be surprised at what would be stated in the court room. Was he speaking about the defense case or the complete trial. I do not find anything surprising about the defense strategies thus far??


RaffertyLFP: Court back in session. No jury yet. [via Twitter]

is it possible defense "threw in the towel" because they think they have a better chance in appeal? JMO

 

[Sailor Bug]

did rafferty's lawyer have access to tlm before getting on the stand?

Mike Knoll: - no -- she was a Crown witness.

 

[crazyladi]

is it possible defense "threw in the towel" because they think they have a better chance in appeal? JMO

No. I think there is still a problem regarding the last witness. JMO

 

[nursebeeme]

I was wondering where you were matou! Yes, there was only one witness and no opening statement....

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
With construction at London courthouse, media parking is at a premium http://yfrog.com/mnbp2krj

 

[Alice Ramnit]

Is the break still going on? Wondering if they will resume this afternoon?

 

[Heliotrope]

What a day, and more to come.

If I try to put myself in the shoes of someone who is going to kidnap a child, and I combine it with my experience with waiting outside a school for my own child, I would say this:

- it's a chaotic scene - parents everywhere, many chatting in small groups, kids come out in clusters, as often the smaller one are let out earlier or later so they're not mowed down in the stampede

- if you were looking for someone on their own, and who didn't appear to be meeting someone, you might have to hover for a while

- you don't want to leave an impression on anyone, so you keep moving, never making eye contact, never standing still long enough for someone to really lock eyes on you or strike up a conversation

Maybe she ducked into the school and then turned around and went out soon after, just so that she could keep moving, then walked down to the primary door.

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Court back in session with legal arguments, can't report as jury isn't present #sl

 

[Sailor Bug]

What if both the defence and crown needed/wanted the same witness?

Mike Knoll: - the Crown always gets to go first so the individual would be a Crown witness and the defence gets to cross-examine.


So does the jury accept that TLM confessed that she dealt the fatal blows or could they take what she actually stated when she was questioned by the police.

Mike Knoll: - that's up to the jury. both statements have been submitted as evidence.


Why do they never start when they say they are going to?

Mike Knoll: @MA - they are currently in session without the jury present.



Legal arguments are ongoing. Jury not in the courtroom, so details can't be provided.

 

[myzzy]

Ok. Say i give you folks who truly believe Tori was targeted and MJR was a mere Chauffeur in the beginning. Then what? Even if i give you the fact that Tori was not raped? MJR was present for the cruel inhumane horrific murder of an innocent 8 year old child. He did nothing. Nothing except help cover it all up. Then proceed to live his life as he had.

then he should convicted of those crimes, i do not believe he is 100% innocent and should be sentenced according to his crimes that he did commit or can be proven he committed. If he did not kidnap Tori but did rape and murder her then he should be convicted of 2 of the 3 charges.

 

[matou]

I was wondering where you were matou! Yes, there was only one witness and no opening statement....

I'm catching up now but I see the overall gist of what occurred today. No bombshell, no real evidence at all, IMO. On WS alone we saw so many women wearing wearing white that spring, at the news pressers, vigil, etc. This was a parent who went in to get her kid, IMO. TLM was outside waiting. Anyone know if the entrances to Oliver Stephens have cameras at the doors?

 

[Alison]

It seems to me that the crown did not need this witness to prove the case. The defence needs this witness to prove the babysitting theory.

This has nothing to do with accusing the prosecution of not disclosing evidence/witnesses since the defence is only aware of this witness due to disclosure.

I agree this is what they are trying to prove. I however find it a redundant point as he would not have witnessed her enter the school as he was hidding out in a parking lot.
If he had been waiting outside the doors and saw her enter then I would perhaps buy the babysitting story.
This witness did nothing to help his case IMO.
I also still do not beleive TLM entered the school, far too risky IMO.
(Otto I just piggy backed off your post to say what I felt about the testimonry and what they want us to believe

 

[Sailor Bug]

Is Rafferty in court room when jury not there?

Mike Knoll: @guest - yes. It's his trial. He has to be present for all of it. Just like when he went to the crime scene with the jury.



I've heard conflicting reports on if the defence has witnesses...Since they called one witness they get to close last or vice versa?

Mike Knoll: @noname - by calling the one witness they will now close first.



How does the outcome of this trial impact TLM? Are there any legal repercussions that could affect her sentence?

Mike Knoll: - no impact. She got life in prison and no chance of parole for 25 years - that's max.