Trial Thread 4/10/2012

[snoofer]

Mark Carcasole ‏ @MarkCarc1010

Justice T. Heeney tells #Rafferty jury to return to court tomorrow. Defence lawyer Dirk Derstine "on his back with the flu." No court today

Does he not have a defense TEAM...rediculous! Judge should have said to feel better but court is on.:twocents:

 

[BorgQueen]

Does he not have a defense TEAM...rediculous! Judge should have said to feel better but court is on.:twocents:

I guess he doesn't want to send somebody else in. Since DNA evidence is going to be explored, he is going to want to be in himself, I assume.:moo:

 

[Jezbel]

Does he not have a defense TEAM...rediculous! Judge should have said to feel better but court is on.:twocents:

I agree, but there is only two people on the defense team, Derstine and his associate Laura Giordano.....

 

[nursebeeme]

yeah... let em take the day... we don't want any reason for a retrial..... I hope he is feeling better soon.

 

[nobodyzgirl]

Does he not have a defense TEAM...rediculous! Judge should have said to feel better but court is on.:twocents:

If the judge had done that, then it would have been a mistrial, and we would be starting all over again, I doubt the court would have wanted that to happen, which is why they have set aside 3 months for the trial, to accomodate these types of things.

 

[nettie_82]

Does he not have a defense TEAM...rediculous! Judge should have said to feel better but court is on.:twocents:

Those were my thoughts.

 

[snoofer]

True. I hope Mr. Derstine feels well soon. I do hope that the crown will not be at a disadvantage trying to get experts to reschedule. Do not want anything to even hint at mistrial. I would have thought however that an expensive defense such as this would be able to plan for minor illness and not derail the schedule, I guess I was wrong. JMO

Court room time appears to be very precious with the number of cases awaiting trial and I would have thought that defense teams would have alternative plans in place to deal with minor illness to not waste precious court time. JMO:twocents: But as always the esteemed Judge does know best at the end of the day.JMO And, perhaps it won't pose too much problem for the crown.

 

[~n/t~]

he first degree murder trial of Michael Rafferty has been adjourned for a day because his lawyer is ill.

"We are getting into a very important area of evidence. Mr. Rafferty should have lead counsel here for that," Justice Thomas Heeney told jurors Tuesday.

Rafferty's lead counsel, Dirk Derstine, fell ill on the weekend, jurors learned.

Court is to resume Wednesday.

http://www.lfpress.com/news/london/raffertytrial/2012/04/10/19613806.html

Of course he does. :innocent:

 

[swedie]

Maybe Derstine has chocolate induced flu. The Easter bunny was too generous.:floorlaugh:

Well let's hope he's better by tomorrow.

 

[robynhood]

I am hoping this video link will work ....the real memory of Tori on youtube....really wrenched at my heart! ....link will work here ...hopefully as I never saw this one before....http://youtu.be/V4QLnnurSFU.....prepare your heart as it is the real Tori ....IMO you may need a box of Kleenex.......IMO>>>>it did make me feel good to see how happy she was with her family ..robynhood

 

[robynhood]

..oops just clicked on it and I do not think it is allowed and I only could realize after I posted it ...sorry websleuth site ...never realized ...robynhood

 

[Kittymama]

:sigh:

I am so disappointed. I was really hoping we'd learn of more concrete evidence today, as I know many here were.

What if Derstine's still sick tomorrow? What if he's sick all week? How will this affect the experts that are scheduled to testify for the Crown?

 

[~n/t~]

:sigh:

I am so disappointed. I was really hoping we'd learn of more concrete evidence today, as I know many here were.

What if Derstine's still sick tomorrow? What if he's sick all week? How will this affect the experts that are scheduled to testify for the Crown?

If that's the case, the Judge would have to make a decision and IMO should appoint someone else to represent to be the accused child killer's counsel in the interim.

 

[Hello_Kitty]

I am hoping this video link will work ....the real memory of Tori on youtube....really wrenched at my heart! ....link will work here ...hopefully as I never saw this one before....http://youtu.be/V4QLnnurSFU your heart as it is the real Tori ....IMO you may need a box of Kleenex.......IMO>>>>it did make me feel good to see how happy she was with her family ..robynhood

Robynhood, I fixed your link, the reason why it didn't work is because you put stuff in the link that should not be there.

 

[JayFriend]

If that's the case, the Judge would have to make a decision and IMO should appoint someone else to represent to be the accused child killer's counsel in the interim.

"We are getting into a very important area of evidence. Mr. Rafferty should have lead counsel here for that," Justice Thomas Heeney told jurors Tuesday.

The last thing we need is a mistrial because the accused didn't get proper representation.

 

[Salem]

If that's the case, the Judge would have to make a decision and IMO should appoint someone else to represent to be the accused child killer's counsel in the interim.

At this stage of the game, any new attorney would not be effective. The judge will probably have the co-counsel step in. Co-counsel should be up on the case, have access to Derstine (even by way of texting/emailing while at the defense table) and be able to move forward.

Salem

 

[giantalkinghead]

I am hoping this video link will work ....the real memory of Tori on youtube....really wrenched at my heart! ....link will work here ...hopefully as I never saw this one before....http://youtu.be/V4QLnnurSFU.....prepare your heart as it is the real Tori ....IMO you may need a box of Kleenex.......IMO>>>>it did make me feel good to see how happy she was with her family ..robynhood

Thanks Robynhood for posting the link to Tori's video. She certainly was a beautiful little girl. The video is heartbreaking.

We have to believe that there is a special place reserved in Hell for the two who decided to end her precious life.

 

[~n/t~]

At this stage of the game, any new attorney would not be effective. The judge will probably have the co-counsel step in. Co-counsel should be up on the case, have access to Derstine (even by way of texting/emailing while at the defense table) and be able to move forward.

Salem

Co counsel certainly could step in but if her expertise isn't DNA then what?

Anyway, I doubt he will be down for a week. If it's a flu, he should be fine by tomorrow. A couple of Tylenol Flu tablets should do the trick. :moo:

 

[Salem]

Co counsel certainly could step in but if her expertise isn't DNA then what?

Anyway, I doubt he will be down for a week. If it's a flu, he should be fine by tomorrow. A couple of Tylenol Flu tablets should do the trick. :moo:

Even is she is not an expert in DNA - she should be prepared to cross the experts. She should be able to take direction from first-chair (Derstine) and given that the experts are scheduled and technology exists - it should be entirely possible and acceptable for her to reach Derstine by way of instant messaging. Obviously, this is not the defence's first choice, and I certainly don't blame them for that, but if the illness continues, I am sure the court can find a resolution so that the trial may move forward.

All of this is my OPINION only. I do not know how the system works in Canada. But it appears it is similar to the US and this is a very important trial. My understanding of having a backup defence lawyer is so that issues such as illness or death, do not result in having to start over at the beginning. There is not just the trial to consider, but the enormous cost and its impact on budgets, etc.

Salem

 

[~n/t~]

Even is she is not an expert in DNA - she should be prepared to cross the experts. She should be able to take direction from first-chair (Derstine) and given that the experts are scheduled and technology exists - it should be entirely possible and acceptable for her to reach Derstine by way of instant messaging. Obviously, this is not the defence's first choice, and I certainly don't blame them for that, but if the illness continues, I am sure the court can find a resolution so that the trial may move forward.

All of this is my OPINION only. I do not know how the system works in Canada. But it appears it is similar to the US and this is a very important trial. My understanding of having a backup defence lawyer is so that issues such as illness or death, do not result in having to start over at the beginning. There is not just the trial to consider, but the enormous cost and its impact on budgets, etc.

Salem

I agree.

And no more delays, please! :gavel: