5/15/2012--Sentencing

[Hello_Kitty]

Yes. I read it was 30 days from day of sentencing to appeal. It is in the link I provided a few posts above. But, he is taking right up until the final hour it seems. Possibly cannot find legal counsel? Possibly (hopefully) he will not appeal as that would be wonderful for Tori's family to have it laid to rest however not holding my breath. IMO

Hopefully he gets denied. The animal got what he deserved IMO. If he had an ounce of humanity he would take what he got and let the family start healing instead of dragging it out for years.

 

[Hello_Kitty]

WARNING GRAPHIC DETAIL!!!
Rudy Eugene Identified As Naked Miami Man Who Chewed Victim's Face
:what::what:
http://www.huffingtonpost.com/2012/...ked-cannibal-face-attack-miami_n_1552249.html

http://www.dailymail.co.uk/news/art...Ronald-Poppo-conscious.html?ito=feeds-newsxml

I'm not sure, but I am guessing the cannibal was probably high on bath salts (the CONS just passed a bill making an ingredient in bath salts illegal in canada - btw this isn't your normal household bath salts), that crap makes users go wacky!! I wouldn't want to meet someone high on bath salts... I am not scared of much, but that scares the hell out of me.

 

[Hello_Kitty]

Yes. I read it was 30 days from day of sentencing to appeal. It is in the link I provided a few posts above. But, he is taking right up until the final hour it seems. Possibly cannot find legal counsel? Possibly (hopefully) he will not appeal as that would be wonderful for Tori's family to have it laid to rest however not holding my breath. IMO

I'm wondering if he has the funds to appeal? I thought I read that the accused has to fund his own appeal? Not sure how that works.

 

[Kittymama]

Totally OT:

Someone on my FB posted about this missing person, and I wanted to share it here but I don't know how to do it properly. So if someone could help me, that would be wonderful: http://missingpersonsinfo.com/2012/06/08/jacob-jaden-killian/

 

[Tink]

Hopefully he gets denied. The animal got what he deserved IMO. If he had an ounce of humanity he would take what he got and let the family start healing instead of dragging it out for years.

If he had an ounce of humanity he wouldn't have kidnapped and raped and killed a sweet and innocent little girl for the sake of a sexual fantasy.

I think he'll appeal. And he'll lose.

Tink

 

[littlebirdie]

I'm wondering if he has the funds to appeal? I thought I read that the accused has to fund his own appeal? Not sure how that works.

I found another link that outlines all about appeals in Ontario. From reading through it, I have come to the understanding that Rafferty would have already filed his appeal documents immediately after sentencing as it is imperative that all the necessary paperwork be lined up within the 30 day time period. Also, I read that he can make payment arrangements with his appeal lawyer and some lawyers (like the one in this link) accept Legal Aid. I guess it would be up to the info to leak out to reporters at some point then.

http://www.criminallawappeals.ca/Clients--FAQ.php

 

[swedie]

Looks like Derstine is hoping to take on LM case. At least that is my perception with his
comment. Greenspan's got it right IMHO.

Can Magnotta get a fair trial?
WARNING: Graphic material

"The fact situation alone creates a challenge. When you’re dealing with horrific facts, that creates special challenges in order for persons to keep an open mind. It's a normal human reaction."

Criminal lawyer Dirk Derstine, who recently represented Michael Rafferty in his first-degree murder trial, agreed that Magnotta faces more hurdles because of the notoriety of the case.

"A fair trial is one where people come with no preconceived notions and decide the case fairly on its merits. I think that many people have already come to decisions about this case."

Derstine said the Rafferty case also faced a "mountain of publicity" and that it is "impossible to know" whether that had any effect on his client getting a fair trial.

Dirk Derstine, who recently represented Michael Rafferty in his first-degree murder trial, agrees that Magnotta faces more hurdles because of the notoriety of the case. Geoff Robins/Canadian Press
"It makes it a lot harder to have a fair trial when these things are in play. I don't know really what the jurors say or think. They certainly paid a lot of attention during the course of the thing. They were out for two days. I dare to hope they gave him a fair trial."

But Derstine said that in Magnotta's case, the presence of a video, which ended up on a gore website and has been seen by thousands of people, poses difficulties for Magnotta in the court of public opinion. (The person on the video is concealed, and while the individual is shown stabbing and dismembering the victim, there isn't agreement on whether the video shows the actual killing.)

"Everybody thinks they’ve seen him committing the acts on video. So that certainly takes away any doubt in your average layperson's mind about what exactly went on here,” Derstine said.

http://www.cbc.ca/m/touch/news/story/2012/06/05/luka-rocco-magnotta-fair-trial.html

 

[swedie]

I was just thinking about that today, isn't his time up soon? I can't find anything about an appeal.

MR has three more days to appeal and if he already has, we may not hear about it until the 15th or later. He very well could have appealed already and we have not heard because his appeal(s) is in the decision process. I would imagine an appeal is a lengthy and complex process. MOO

 

[Bravo]

Thanks for all the updates all. I still pop in now and again. This one was hard to let go of. I pray Tori's Family is healing and continue productive lives in Tori's memory :rose:

 

[nettie_82]

Appeal Deadline for Rafferty Fast Approaching

6/12/2012

We'll know by the end of the week whether Michael Rafferty will launch an appeal after being convicted on all three charges in the death of Tori Stafford.

On May 15th, he was sentenced to life in prison with no chance of parole for 25 years. Rafferty has until Thursday to file a notice of appeal with the Crown.

"I'd be surprised if he didn't file for an appeal," said Gord Cudmore, a London lawyer.

"One could make the argument he's got nothing to lose."

Following a 10 week trial, a jury found Rafferty guilty of first-degree murder, sexual assault causing bodily harm, and kidnapping.

His former girlfriend, Terri-Lynne McClintic, is already serving a life sentence for Tori's murder after she pleaded guilty two years ago.

http://www.am980.ca/channels/news/local/Story.aspx?ID=1719907

 

[littlebirdie]

Thanks for all the updates all. I still pop in now and again. This one was hard to let go of. I pray Tori's Family is healing and continue productive lives in Tori's memory :rose:

I wholeheartedly agree Bravo. This one is really hard to let go. :heartbeat:

 

[littlebirdie]

Appeal Deadline for Rafferty Fast Approaching

6/12/2012

We'll know by the end of the week whether Michael Rafferty will launch an appeal after being convicted on all three charges in the death of Tori Stafford.

On May 15th, he was sentenced to life in prison with no chance of parole for 25 years. Rafferty has until Thursday to file a notice of appeal with the Crown.

"I'd be surprised if he didn't file for an appeal," said Gord Cudmore, a London lawyer.

"One could make the argument he's got nothing to lose."

Following a 10 week trial, a jury found Rafferty guilty of first-degree murder, sexual assault causing bodily harm, and kidnapping.

His former girlfriend, Terri-Lynne McClintic, is already serving a life sentence for Tori's murder after she pleaded guilty two years ago.

http://www.am980.ca/channels/news/local/Story.aspx?ID=1719907

Thank you for the link, finally something in the press. Well, one more day then.

 

[Hello_Kitty]

Appeal Deadline for Rafferty Fast Approaching

6/12/2012

We'll know by the end of the week whether Michael Rafferty will launch an appeal after being convicted on all three charges in the death of Tori Stafford.

On May 15th, he was sentenced to life in prison with no chance of parole for 25 years. Rafferty has until Thursday to file a notice of appeal with the Crown.

"I'd be surprised if he didn't file for an appeal," said Gord Cudmore, a London lawyer.

"One could make the argument he's got nothing to lose."

Following a 10 week trial, a jury found Rafferty guilty of first-degree murder, sexual assault causing bodily harm, and kidnapping.

His former girlfriend, Terri-Lynne McClintic, is already serving a life sentence for Tori's murder after she pleaded guilty two years ago.

http://www.am980.ca/channels/news/local/Story.aspx?ID=1719907

If he files an appeal and gets denied, I wonder if he can file one with the Supreme Court of Canada. Not too sure how that process works even tho I know that in my own brother's case, the third appeal he filed was with the supreme court of canada... I think he had to file an appeal with the provincial supreme court first tho. Not really sure.

 

[BorgQueen]

http://www.cbc.ca/news/canada/story/2012/06/13/murder-victim-family-lin-stafford.html

 

[nettie_82]

Michael Rafferty's 30 Day Window to File Notice of Appeal Passes


Michael Rafferty's 30 Day Window to File Notice of Appeal Passes
AM980 News

6/15/2012

A 30 day window for Michael Rafferty to appeal his 1st degree murder conviction has come and gone, but it doesn't mean Tori Stafford's killer out of legal options.

Rafferty had until the end of the day Thursday (June 14th) to serve notice of an appeal, and officials with the Ontario Court of Appeal tell AM980 no such notice was received.

A motion for an order to extend the 30 day window to file an appeal notice can still be submitted at a later date, although there are no guarantees the request would be granted.

Even if an extension was granted, several legal hurdles would still need to be cleared before an appeal would ever be heard.

"He's got to find a lawyer who wants to take the case, and can get legal aid funding." said London defence lawyer Phil Millar.

"Then they'd have to find a question of law in order to be allowed to appeal. If they can't find a question of law, then they have to get permission to appeal. Usually in an appeal like this, they go after an evidentiary ruling of the judge in terms of evidence." said Millar.

Speaking to the Globe and Mail shortly after Rafferty's conviction, his former lawyer Dirk Derstein said he believed his client would "likely" try to appeal, saying there's "literally no downside in trying." He thought one of the grounds for appeal might be an earlier decision to move the trial from Woodstock to London.

The suggestion being London was not far enough away from Tori Stafford's hometown to ensure a fair trial. Other options discussed at the time included Brampton, and Toronto.

Derstein is no longer representing Rafferty, and it's unclear if he's obtained new legal representation.

On May 15th, Rafferty was sentenced to life in prison with no chance of parole for 25 years.

Following a 10 week trial, a jury found Rafferty guilty of first-degree murder, sexual assault causing bodily harm, and kidnapping.

His former girlfriend, Terri-Lynne McClintic, is already serving a life sentence for Tori's murder after she pleaded guilty two years ago.

http://www.am980.ca/channels/news/local/Story.aspx?ID=1722095

 

[Peekaboo10]

Michael Rafferty's 30 Day Window to File Notice of Appeal Passes:
http://www.am980.ca/channels/news/local/Story.aspx?ID=1722095

:seeya:Miss a lot of you... hope you are all doing well.

 

[Hello_Kitty]

Michael Rafferty's 30 Day Window to File Notice of Appeal Passes:
http://www.am980.ca/channels/news/local/Story.aspx?ID=1722095

:seeya:Miss a lot of you... hope you are all doing well.

Awsome that he didn't file an intent to appeal. The more difficult things are for him the better.

 

[robynhood]

..curous ...does anyone know if M.R. is now in Kingston Pen . ...just like was "promised '[...his neighbour should be Paul Bernardo....! I do remeber he went for an assessment after conviction>>> and thought he should be at Kingston ...now?

things are very QUIET in news now concering Rafferty ...anyone know?....thks robynhood.

 

[Peekaboo10]

..curous ...does anyone know if M.R. is now in Kingston Pen . ...just like was "promised '[...his neighbour should be Paul Bernardo....! I do remeber he went for an assessment after conviction>>> and thought he should be at Kingston ...now?

things are very QUIET in news now concering Rafferty ...anyone know?....thks robynhood.

Actually, I was watching CBC news a couple of nights ago (I was going to post it here, but figured it was already posted) but it was a piece about PB & RW complaining about an inmate near them who had bad hygiene so he was moved to another prison... guess who took his place, none other then MR himself. :woohoo:

Sorry I can't seem to find a link to this tidbit.

 

[BorgQueen]

Actually, I was watching CBC news a couple of nights ago (I was going to post it here, but figured it was already posted) but it was a piece about PB & RW complaining about an inmate near them who had bad hygiene so he was moved to another prison... guess who took his place, none other then MR himself. :woohoo:

Sorry I can't seem to find a link to this tidbit.

Oh, that Wills fellow. Should have just left him there, as far as I am concerned... unless he was posing a risk to the guards, of course.