Legal Arguments - What went on behind Closed Doors?

[swedie]

Thank you kindly Nurse! <3 The clock is ticking and in my heart and soul I feel Tori is guiding the jurors to do the right thing. Justice is hours away. MOO

http://twitter.com/#!/search/#toristafford

this is general

 

[nursebeeme]

guys.. it may not have been the warrant that was faulty after reading this!

Stripped to the core, the judge said that though the police had acted legally in getting search warrants for Mr. Rafferty’s home and car, and though they honestly believed that was sufficient to allow for a forensic examination of the hard drive, BlackBerry and laptop found therein, and though the law on such searches was then evolving, the police should have anticipated how it might change and sought another warrant to look at the devices.

In essence, Judge Heeney said, the police were good cops but bad lawyers.

As a “remedy” for what he called their carelessness, he deemed the search a violation of Mr. Rafferty’s Charter-guaranteed right against unreasonable search and seizure and threw the evidence out.

http://fullcomment.nationalpost.com/2012/05/10/tori-stafford-michael-rafferty-evidence/

another snip

In pre-trial arguments, Mr. Rafferty’s lawyer, Dirk Derstine, challenged almost everything about the search in trying to get the evidence tossed.

But Judge Heeney found the police had been honest and acted properly and legally — except that they sent the hard drive seized from Mr. Rafferty’s house and the BlackBerry and laptop found in his car to an OPP forensic examiner without getting a secondary warrant.

The law governing computer and electronic searches was then very much in a state of flux.

There had been judicial hints that without a secondary warrant, such searches might not survive a Charter challenge, but the matter simply wasn’t settled yet.

unbelievable... utterly

 

[swedie]

Swedie, what do you mean about a criminal record? I just can't watch these videos right now.

Thanks

The detective talking to him in part 1 of 7 video said he has criminal issues in the past, saying car theft and MR corrected him about breaking into car and stealing. HTH

 

[flipflop]

The judge ruled the child *advertiser censored*, the movies and the Google searches were all inadmissible because of a faulty search warrant. While police legally seized Rafferty's BlackBerry and computer with a May 22, 2009 warrant that allowed them to take items from his home and Honda Civic, the warrant didn't let them search the devices.

While "they were doing the best they could in the face of extremely difficult circumstances, the failure to later obtain a secondary warrant prior to searching the laptop and BlackBerry demonstrates a careless disregard as to whether the rights of (Rafferty) would be violated if they failed to do so," the judge said in a decision released Jan. 31, 2012.

http://m.torontosun.com/2012/05/10/rafferty-jury-didnt-hear-the-worst-of-it

 

[swedie]

guys.. it may not have been the warrant that was faulty after reading this!



http://fullcomment.nationalpost.com/2012/05/10/tori-stafford-michael-rafferty-evidence/

another snip



unbelievable... utterly

As hard as it is to accept, I am glad judge Heeney did the right thing according to the law and hopefully prevented a mistrial. MOO

 

[flipflop]

The Crown wanted to introduce all of this not as proof of his bad character — which wouldn't be allowed — but as evidence of Rafferty's planning to commit the rape of a child. But the judge refused to let jurors hear any of it.

"It would be hard for the jury to resist the temptation to conclude that (Rafferty) is a sexual deviant who is, therefore more likely to have committed the rape and murder of the victim, despite any instructions to the contrary."

So with no forensic evidence of a sexual assault — Tori's broken body was too badly decomposed — the jury was never given any reason to believe Rafferty was even interested in raping children, except for the word of McClintic, a self-confessed violent convicted killer.

They say justice is blind, but that shouldn't mean jurors are blindfolded.

http://m.torontosun.com/2012/05/10/rafferty-jury-didnt-hear-the-worst-of-it

 

[Wondergirl]

The story behind McClintic's about-face

By RANDY RICHMOND, The London Free Press
Last Updated: May 10, 2012 1:04pm

It took three interviews in the spring of 2009 - and three hours in the last one - to get Terri-Lynne McClintic to finger Michael Rafferty for Victoria (Tori) Stafford's murder.

It took less than 10 minutes one day in the winter of 2012 for McClintic to change her mind and say she killed the girl.

Jurors in Rafferty's murder trial have part of, but not all of the strange path McClintic took to the stand as the Crown's key, but perhaps unreliable, witness.

http://www.lfpress.com/news/london/raffertytrial/2012/05/10/19741656.html

 

[Wondergirl]

This rings pretty effing hollow right now. GMAFB

I could seriously vomit.

Rafferty jury deliberating

By HANK DANISZEWSKI, The London Free Press
Last Updated: May 10, 2012 8:02pm


"You can only imagine how any of us would be feeling in his circumstance," his lawyer Dirk Derstine said outside court. "Literally the rest of his life is before him right now."

http://www.lfpress.com/news/london/raffertytrial/2012/05/10/19743841.html

 

[Flossie JMO]

If anyone hasn't seen it, Gardens of the Night is a disturbing and no doubt reflection of reality in abduction of children for sick sexual reasons. Tom Arnold did a great job as a vile disgusting character. As I watched it I thought omg it can be this easy for this sick b*astards. All the poor innocent defenseless kids breaks my heart. JMO

 

[Wondergirl]

The Crown wanted to introduce all of this not as proof of his bad character — which wouldn't be allowed — but as evidence of Rafferty's planning to commit the rape of a child. But the judge refused to let jurors hear any of it.

"It would be hard for the jury to resist the temptation to conclude that (Rafferty) is a sexual deviant who is, therefore more likely to have committed the rape and murder of the victim, despite any instructions to the contrary."

So with no forensic evidence of a sexual assault — Tori's broken body was too badly decomposed — the jury was never given any reason to believe Rafferty was even interested in raping children, except for the word of McClintic, a self-confessed violent convicted killer.

They say justice is blind, but that shouldn't mean jurors are blindfolded.

http://m.torontosun.com/2012/05/10/rafferty-jury-didnt-hear-the-worst-of-it

BBM: And THAT is why I have faith that if he is found not-guilty, that an appeal will be strong, because, I fail to see how that Judge was not wrong in disallowing this evidence.

 

[paris_paris]

Swedie, what do you mean about a criminal record? I just can't watch these videos right now.

Thanks

I thought I couldn't watch either, but in the first minute MTR is blubbering because he hasn't eaten since noon. Made me smile a little bit.

This video is easier to watch than reading the newest online articles.

 

[BorgQueen]

guys.. it may not have been the warrant that was faulty after reading this!



http://fullcomment.nationalpost.com/2012/05/10/tori-stafford-michael-rafferty-evidence/

another snip



unbelievable... utterly

Child *advertiser censored* should be exempt from such laws, and allowed, no matter what, as evidence. Period.
Children need to be protected, and if this guy gets off on some stupid technicality... 'upsetting' doesn't begin to describe how I feel about that

 

[Oldsoul2]

After hearing MR's interrogation (amongst other evidence but hearing him speak) I have to say he is a pure psychopath to the 100th degree and a pathological liar

 

[Wondergirl]

"Philandering Cad" is not exactly synonymous with "snuff films", "real underage rape pictures" and "drugged, forced, gagged, anal sex".

I am livid.

FFS

 

[KMouse]

OMG.

Crying.

You are not the only one.

From day one I suspected this but I feel sick being right.

Poor child.

 

[Allanae]

Child *advertiser censored* should be exempt from such laws, and allowed, no matter what, as evidence. Period.
Children need to be protected, and if this guy gets off on some stupid technicality... 'upsetting' doesn't begin to describe how I feel about that

If he gets off because of this I think we need to fight for a new law on issues involving this type of crap involving our children.

They had a warrant to search his vehicle, so had a right to his laptop. I get that they need a second warrant to search the electronic devices but it doesn't make sense. Did they need a second warrant to open up his gym bag??!!

 

[Wondergirl]

.

He is everything speculated, and so much more.

Children between the ages of 1 and 18?

Revolting.

``In my view, it cannot be said that society's interests in the adjudication of the case on its merits are best served by admitting evidence that was obtained by means of a charter breach, when its probative value is so weak and its prejudicial effect will be so devastating,'' Heeney wrote in his pre-trial ruling.

Data fragments on Rafferty's laptop indicate he had been downloading child *advertiser censored* since 2005.

The Hollywood movie``Gardens of the Night,'' about the abduction of a young, blond girl -- which deviates substantially from what allegedly happened to Tori after the abduction -- was downloaded 11 days before she disappeared.

The movie ``Karla,'' about Karla Homolka and Paul Bernardo, was downloaded two weeks later.

Investigators also said they found evidence on the laptop of videos ``depicting 'how-to' instructions for child sexual assault,'' and evidence ``of recent possession of 'snuff' films inclusive of one with a title suggestive of a child target.''

Most of the videos depicted ``a variety of graphic and coercive images of violent sexual abuse involving children between one and eighteen years of age,'' the Crown documents say.

http://www.am980.ca/channels/news/local/Story.aspx?ID=1702061

 

[nursebeeme]

If he gets off because of this I think we need to fight for a new law on issues involving this type of crap involving our children.

They had a warrant to search his vehicle, so had a right to his laptop. I get that they need a second warrant to search the electronic devices but it doesn't make sense. Did they need a second warrant to open up his gym bag??!!

the article I posted said that the law was in a state of flux at the time so no... they should have been fine at the time with the one warrant...

it was the judge who threw it out...

 

[JayFriend]

If she was not informed of this via himself and/or his attorney he should be ashamed of himself even more.

If his mother is sitting at home right now and reading and hearing this for the first time I have no words.


MOO

Yeah, I bet she wishes she had never said the few words to the media that she did and wishes she had never attended the courthouse. Of course she never knew what her son did and never snooped through his computer because she respected his privacy.

 

[Wondergirl]

Wtf.

Omg.

the crown was only seeking to introduce some of the searches - the ones directly related to the alleged offences - it says rafferty made on his laptop: ``underage rape,'' ``real underage rape,''``real underage rape pictures,'' ``nude preteen,'' ``how to find preteen websites,'' and ``preteen nude model galleries.''

they weren't seeking to include searches for: ``transgender,'' ``she male,'' ``necrophilia videos,'' ``real rape,'' ``best program to download child *advertiser censored*,'' ``naked girl seazing (sic),'' ``seizures girl,'' ``seizures videos,'' ``epileptic naked,'' ``epileptic naked attack,'' ``real gang rape'' and ``peeing.''
the crown says all the searches were made between jan. 25 and april 7, 2009. Tori was abducted on april 8

http://www.am980.ca/channels/news/local/story.aspx?id=1702061
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