5/15/2012--Sentencing

[Bravo]

I vote for MR and Luka Magnotta to share a cell.

LOL now that would be fitting

 

[Hello_Kitty]

Those guys should be put in cells far away from eachother so they can't talk to one another - that would be the worst form of torture... to spend life without human contact at all.. personally, I think that is a better punishment than death as with death the torture ends too quickly. To spend life with no contact from humans, they should not be given anything except food and water, no 1 hour run in the yard. Just stay in cell day in and day out. God that would drive me nuts. Left with their own thoughts of what they did and that is the reason why they are there now.

 

[swedie]

I bet MR has spoken to legal representation about an appeal and has been advised that whatever his appeal concerns holds no water. Let's hope he doesn't have a leg to stand on "if" he has considered appeals. In all honesty, I cannot see any reason for an appeal. Although judge Heeney took some flack about not allowing certain evidence to enter the trial, my head and heart tell me he knew there was sufficient evidence to put this monster away for a long time and judge Heeney did not want MR any wiggle room for any appeals. Now I pray MR will be declared a dangerous offender and will never live outside prison walls ever again. I also pray he has no family or friends who visit him. He deserves no support from anyone period.

For some people it's all about going against the grain kwim? Rooting for the underdog or playing by the law so to speak. Myself and many others here just used common sense when looking at the small bit of evidence before the trial and the circumstances surrounding this case, it was blatantly obvious why Tori was abducted. Statistics show when a female child is abducted by a male perp, it's for sexual purposes. I never did believe in the drug debt theory and still don't. MR's past shows he was a sexual deviant, has no respect for women and I would not be surprised to find out he did not even love his own mother. I hope she is coping well and has come to terms with the fact that she raised a monster. Just devastating for sure.

I will never forget sweet Tori and I hope her family is able to move forward and get their lives back on track and not waste anymore time thinking about the horrific details of Tori's death, but only remember the happiness and sweet memories they were able to share with her in her short little life.

Sort of O/T but has anyone heard anything more about TM's and JG's case/charges of drugs and stolen property? All just MOO.

 

[nettie_82]

Sort of O/T but has anyone heard anything more about TM's and JG's case/charges of drugs and stolen property? All just MOO.

I have wondered the same thing.

 

[Tugela]

I bet MR has spoken to legal representation about an appeal and has been advised that whatever his appeal concerns holds no water. Let's hope he doesn't have a leg to stand on "if" he has considered appeals. In all honesty, I cannot see any reason for an appeal. Although judge Heeney took some flack about not allowing certain evidence to enter the trial, my head and heart tell me he knew there was sufficient evidence to put this monster away for a long time and judge Heeney did not want MR any wiggle room for any appeals. Now I pray MR will be declared a dangerous offender and will never live outside prison walls ever again. I also pray he has no family or friends who visit him. He deserves no support from anyone period.

For some people it's all about going against the grain kwim? Rooting for the underdog or playing by the law so to speak. Myself and many others here just used common sense when looking at the small bit of evidence before the trial and the circumstances surrounding this case, it was blatantly obvious why Tori was abducted. Statistics show when a female child is abducted by a male perp, it's for sexual purposes. I never did believe in the drug debt theory and still don't. MR's past shows he was a sexual deviant, has no respect for women and I would not be surprised to find out he did not even love his own mother. I hope she is coping well and has come to terms with the fact that she raised a monster. Just devastating for sure.

I will never forget sweet Tori and I hope her family is able to move forward and get their lives back on track and not waste anymore time thinking about the horrific details of Tori's death, but only remember the happiness and sweet memories they were able to share with her in her short little life.

Sort of O/T but has anyone heard anything more about TM's and JG's case/charges of drugs and stolen property? All just MOO.

I doubt he will have much wiggle room in the murder conviction, since he didn't dispute that he was there. Being there in the scenario his lawyer portrayed and not doing anything about it makes him just as culpable, even if he wasn't the one who actually killed her. He probably has a better chance appealing the sexual assault conviction though, since there wasn't any evidence of that other than McClintoc's claims.

 

[BorgQueen]

Oh, but there WAS evidence of that. It may have been minimal, but it WAS there. And the jurors made sure they understood this evidence in relation to the charges.

Tori's blood was found with sperm cells. While it could not be determined whose sperm that was, it was there. While it is possible that her blood just happened to land where his sperm was previously, really, what is the likelihood of that? It is what it is.

She was found naked from the waist down. This is what the jurors raised questions about. Is the removal of clothing considered sexual assault? Yes. Therefore, she was sexually assaulted, even if she wasn't raped. Sexual assault did occur.


Then, there is the child *advertiser censored* that was found on his computer. Yes, it was deemed inadmissible due to a stuffed up warrant, but it shows that Rafferty was, indeed a pedophile. He victimised children. Directly or indirectly, doesn't matter. He was still a pedophile. Also, apparent snuff images were found on his computer. It shows the motive of the kidnapping was to sexually assault, and kill, this beautiful girl. This may not have been used as evidence, but it is now known publicly. And any judge looking over an appeal request would see that it was to be entered as evidence, but was thrown out on a technicality. He was still convicted even without this evidence. His trial was fair.


Basically, he really doesn't have much of a leg to stand on when it comes to appeal.


:moo:

 

[Hello_Kitty]

Oh, but there WAS evidence of that. It may have been minimal, but it WAS there. And the jurors made sure they understood this evidence in relation to the charges.

Tori's blood was found with sperm cells. While it could not be determined whose sperm that was, it was there. While it is possible that her blood just happened to land where his sperm was previously, really, what is the likelihood of that? It is what it is.

She was found naked from the waist down. This is what the jurors raised questions about. Is the removal of clothing considered sexual assault? Yes. Therefore, she was sexually assaulted, even if she wasn't raped. Sexual assault did occur.


Then, there is the child *advertiser censored* that was found on his computer. Yes, it was deemed inadmissible due to a stuffed up warrant, but it shows that Rafferty was, indeed a pedophile. He victimised children. Directly or indirectly, doesn't matter. He was still a pedophile. Also, apparent snuff images were found on his computer. It shows the motive of the kidnapping was to sexually assault, and kill, this beautiful girl. This may not have been used as evidence, but it is now known publicly. And any judge looking over an appeal request would see that it was to be entered as evidence, but was thrown out on a technicality. He was still convicted even without this evidence. His trial was fair.


Basically, he really doesn't have much of a leg to stand on when it comes to appeal.


:moo:

We also found out after the jury was in deliberation that his girlfriends who had children told police the reason they broke up with him was because he had an unhealthy interest in their child. So I believe there was plenty to evidence and indications that he was a pedo.

There should be a change in dangerous offenders act... that when it involves a child sexual assault, not only do they have to submit DNA and be registered on the sex offender registry, but they should also be considered a dangerous offender.

As it stands only violent criminals who show a pattern of violence or who have committed multiple murders (like PB and RW) get that designation. Unfortunately, apart from a slight brush with the law when he was juvie, RM will never get that designation. Canada should change that so that child sexual assault and murder is considered for this designation.

 

[robynhood]

We also found out after the jury was in deliberation that his girlfriends who had children told police the reason they broke up with him was because he had an unhealthy interest in their child. So I believe there was plenty to evidence and indications that he was a pedo.

There should be a change in dangerous offenders act... that when it involves a child sexual assault, not only do they have to submit DNA and be registered on the sex offender registry, but they should also be considered a dangerous offender.

As it stands only violent criminals who show a pattern of violence or who have committed multiple murders (like PB and RW) get that designation. Unfortunately, apart from a slight brush with the law when he was juvie, RM will never get that designation. Canada should change that so that child sexual assault and murder is considered for this designation.

...IMO I agree with you 100 percent! It still tears at my heart everything about Tori's case....I have done many mant google searches as to the TORI Petition as I want are kids safe in Ontario....NOW WE HAVe LUKA Magnotta back on CANADA soil!..All the WARNING SIGNS were evident form a young age that he was seriously mentally ILL and now another Parent have lost a child...must run but will add later what I did discover via the net about Tori and the LEGAL battle faced in changing OUR CANADIAN laws ...I am suremany will find it interesting as a news station has a site !...must run mom duties calls...lol...robynhood

 

[BorgQueen]

We also found out after the jury was in deliberation that his girlfriends who had children told police the reason they broke up with him was because he had an unhealthy interest in their child. So I believe there was plenty to evidence and indications that he was a pedo.

There should be a change in dangerous offenders act... that when it involves a child sexual assault, not only do they have to submit DNA and be registered on the sex offender registry, but they should also be considered a dangerous offender.

As it stands only violent criminals who show a pattern of violence or who have committed multiple murders (like PB and RW) get that designation. Unfortunately, apart from a slight brush with the law when he was juvie, RM will never get that designation. Canada should change that so that child sexual assault and murder is considered for this designation.

You're right, there was also the mothers that he targeted to get close to their children.

And I agree, changes need to be made to protect children from sickos like MR...

 

[swedie]

We also found out after the jury was in deliberation that his girlfriends who had children told police the reason they broke up with him was because he had an unhealthy interest in their child. So I believe there was plenty to evidence and indications that he was a pedo.

There should be a change in dangerous offenders act... that when it involves a child sexual assault, not only do they have to submit DNA and be registered on the sex offender registry, but they should also be considered a dangerous offender.

As it stands only violent criminals who show a pattern of violence or who have committed multiple murders (like PB and RW) get that designation. Unfortunately, apart from a slight brush with the law when he was juvie, RM will never get that designation. Canada should change that so that child sexual assault and murder is considered for this designation.

Well if MR is not titled a dangerous offender, let's all pray when he applies for parole or his 25 years is up, the parole board takes a good hard look at all the sickening information against him in his file and laughs in his face and sends him right back to his cell. Better yet let's hope he dies before his sentence is up. We have no place in society for such sick, evil and perverted pigs like MR. MOO

 

[Tugela]

Oh, but there WAS evidence of that. It may have been minimal, but it WAS there. And the jurors made sure they understood this evidence in relation to the charges.

Tori's blood was found with sperm cells. While it could not be determined whose sperm that was, it was there. While it is possible that her blood just happened to land where his sperm was previously, really, what is the likelihood of that? It is what it is.

She was found naked from the waist down. This is what the jurors raised questions about. Is the removal of clothing considered sexual assault? Yes. Therefore, she was sexually assaulted, even if she wasn't raped. Sexual assault did occur.


Then, there is the child *advertiser censored* that was found on his computer. Yes, it was deemed inadmissible due to a stuffed up warrant, but it shows that Rafferty was, indeed a pedophile. He victimised children. Directly or indirectly, doesn't matter. He was still a pedophile. Also, apparent snuff images were found on his computer. It shows the motive of the kidnapping was to sexually assault, and kill, this beautiful girl. This may not have been used as evidence, but it is now known publicly. And any judge looking over an appeal request would see that it was to be entered as evidence, but was thrown out on a technicality. He was still convicted even without this evidence. His trial was fair.


Basically, he really doesn't have much of a leg to stand on when it comes to appeal.


:moo:

None of that evidence was definitive though. If there were not enough sperm cells to get enough DNA then the amount would have been extremely small. If he is having sex frequently, in the car for example, then his sperm cells are probably all over the place. Accidental overlap can't be ruled out, assuming the cells actually came from him and not some other person. If Mclintoc was the killer, then if she had previous sexual contact with someone else, the possibility exists for some of those cells to get mixed up with Tori's blood. The only way for her blood and his sperm to be co-mixed would be from vaginal tearing, but then you would expect there be to be a lot of evidence of him in the sample, not none. But apparently there wasn't any. So, lots of problems with that, I think that evidence is very weak.

Removal of the clothing might be taken as evidence of sexual assault, if in fact it had all been removed or if what remained showed evidence of tearing. So, the items removed were probably taken post mortem, I would think by McClintoc for her own purposes. You can't exlude the possibility that McClintoc was the one doing the assault, if it happened, either. The profile of what was left of the clothing IMO fit an action more consistent with what a female would do than what a male would do. If MR had raped her, and she was killed on site, she should have been naked, but she wasn't.

The *advertiser censored* on the computer means nothing, it certainly has no bearing on motive. Lots of people look at *advertiser censored*, and if they have downloaded it from usenet or a torrent site there is a certainty that whatever it is in going to be illegal in one way or another. Unless it was directly related to the case in some way it would have been excluded as prejudicial, warrant or no warrant.

So I think the evidence of sexual assault was weak. The conviction had more to do with the jury willing to interpolate a motive into the crime than any actual evidence. If he appeals against the conviction, that is what they will likely target, mostly because it is what will keep him in prison the longest.

 

[robynhood]

None of that evidence was definitive though. If there were not enough sperm cells to get enough DNA then the amount would have been extremely small. If he is having sex frequently, in the car for example, then his sperm cells are probably all over the place. Accidental overlap can't be ruled out, assuming the cells actually came from him and not some other person. If Mclintoc was the killer, then if she had previous sexual contact with someone else, the possibility exists for some of those cells to get mixed up with Tori's blood. The only way for her blood and his sperm to be co-mixed would be from vaginal tearing, but then you would expect there be to be a lot of evidence of him in the sample, not none. But apparently there wasn't any. So, lots of problems with that, I think that evidence is very weak.

Removal of the clothing might be taken as evidence of sexual assault, if in fact it had all been removed or if what remained showed evidence of tearing. So, the items removed were probably taken post mortem, I would think by McClintoc for her own purposes. You can't exlude the possibility that McClintoc was the one doing the assault, if it happened, either. The profile of what was left of the clothing IMO fit an action more consistent with what a female would do than what a male would do. If MR had raped her, and she was killed on site, she should have been naked, but she wasn't.

The *advertiser censored* on the computer means nothing, it certainly has no bearing on motive. Lots of people look at *advertiser censored*, and if they have downloaded it from usenet or a torrent site there is a certainty that whatever it is in going to be illegal in one way or another. Unless it was directly related to the case in some way it would have been excluded as prejudicial, warrant or no warrant.

So I think the evidence of sexual assault was weak. The conviction had more to do with the jury willing to interpolate a motive into the crime than any actual evidence. If he appeals against the conviction, that is what they will likely target, mostly because it is what will keep him in prison the longest.

what are you implying...You think Mr is inoccent?...just curious?...hey remeber at the end of the trial Mr. his own words...parphrased .." Tori would be ALIVE TODAY ...if I was NOT involved that day ...APRIL 2009....I am sure another poster even has MR's exact words...and I am sure they are on a thread in here some where ...Michael Rafferty made that statement after his crying episode ( tearing up)due to tori' s brother Darren's victim statement....! ...just IMO can woukd be interesting in Tugela clarifying what was posted above...if you do NOT MIND???....robynhood

 

[nettie_82]

Dangerous Offender: Why Michael Rafferty Will Not be Given the Statu

http://www.am980.ca/channels/news/local/Story.aspx?ID=1725454

 

[swedie]

Thank you Nettie for the link. Ok so even if he's not classified as a dangerous offender, sounds like his chances of ever getting out are slim. The parole board will look at the severity of all three charges and using their common sense will hopefully decide this monster is a threat and would likely re-offend (yes even after being incarcerated 25 years). IMHO he's just a low life like the others he'll be spending his days with in Kingston. He deserves nothing more, nothing less than what they are getting.

MR was the instigator, deviant sex perv who found TLM to carry out his dirty work of abducting Tori. IMHO MR was able to manipulate TLM because she was someone desperate for a little bit of love. There is still so many questions gone unanswered and maybe someday will many know them. One is, who actually delivered the blows with the hammer to Tori? Although TLM changed her claim in January that she was the one, something tells me otherwise now. AND if it was actually her, I feel MR was the one who placed the hammer in her hand. Again :moo:

I'm so relieved and grateful to the Crown for the fabulous job they did to put MR away, the LE who collected all the evidence and the jurors who convicted him. I will forever be thankful to so many who took another sicko off our streets away from our children.

He was convicted of first-degree murder, sexual assault causing bodily harm, and kidnapping in the death of Stafford, more than three years after the young girl was abducted from her Woodstock schoolyard and brutally killed.

Rafferty was sentenced to life in prison with no chance of parole for at least 25 years.

Even without 'dangerous offender status', most legal analysts believe the 31-year-old has no chance of ever being released back into society.

"The mechanism is already in place with the murder sentence," said Millar. "The same criteria that would be used in a 'dangerous offender' application would be used at a parole board."

 

[Jezbel]

None of that evidence was definitive though. If there were not enough sperm cells to get enough DNA then the amount would have been extremely small. If he is having sex frequently, in the car for example, then his sperm cells are probably all over the place. Accidental overlap can't be ruled out, assuming the cells actually came from him and not some other person. If Mclintoc was the killer, then if she had previous sexual contact with someone else, the possibility exists for some of those cells to get mixed up with Tori's blood. The only way for her blood and his sperm to be co-mixed would be from vaginal tearing, but then you would expect there be to be a lot of evidence of him in the sample, not none. But apparently there wasn't any. So, lots of problems with that, I think that evidence is very weak.

Removal of the clothing might be taken as evidence of sexual assault, if in fact it had all been removed or if what remained showed evidence of tearing. So, the items removed were probably taken post mortem, I would think by McClintoc for her own purposes. You can't exlude the possibility that McClintoc was the one doing the assault, if it happened, either. The profile of what was left of the clothing IMO fit an action more consistent with what a female would do than what a male would do. If MR had raped her, and she was killed on site, she should have been naked, but she wasn't.

The *advertiser censored* on the computer means nothing, it certainly has no bearing on motive. Lots of people look at *advertiser censored*, and if they have downloaded it from usenet or a torrent site there is a certainty that whatever it is in going to be illegal in one way or another. Unless it was directly related to the case in some way it would have been excluded as prejudicial, warrant or no warrant.

So I think the evidence of sexual assault was weak. The conviction had more to do with the jury willing to interpolate a motive into the crime than any actual evidence. If he appeals against the conviction, that is what they will likely target, mostly because it is what will keep him in prison the longest.

The jury asked " if two people are present and one person removes a child's clothes, can both be charged with sexual assault"?

The answer from the judge: "You can't remove clothing without it being assault. involves force and attacks sexual integrity of the person"

There is the evidence right there, that is all that is need to convict of sexual assault, it doesn't matter who it was that removed them, they were both present.

Also this was a smart jury, I think they understand the chances of Tori's blood landing on someone else's sperm cells or MR's from previous encounters in his car are very slim. If there were more of a chance of that happening Derstine would have brought up the probability, he didn't just that it could be happen, just like most other things nothing is definitive. Also why would you expect there to be a lot of cells present, I really don't want to go into detail as just thinking about it still breaks my heart, but there wouldn't necessarily be a lot of cells if he did a) used a protection or b) did not ejaculate while.....
And that's where I will stop.

Ok yes, lots of people watch it, but not the kind he did, not the searches he did. Most will watched the regular stuff, only pedophiles and sickos watch what he did.

 

[Hello_Kitty]

Well if MR is not titled a dangerous offender, let's all pray when he applies for parole or his 25 years is up, the parole board takes a good hard look at all the sickening information against him in his file and laughs in his face and sends him right back to his cell. Better yet let's hope he dies before his sentence is up. We have no place in society for such sick, evil and perverted pigs like MR. MOO

Unfortunately, all that extra evidence that we heard after the jury was sequestered will not be included in his file (unless he appeals and the evidence is somehow allowed) since it wasn't admissible at his trial - I do hope tho that the laws will have changed regarding parole by the time he is due to apply. One good thing, he will be on sex regristy designated as a pedo and his DNA is now in police data base forever.

 

[Hello_Kitty]

None of that evidence was definitive though. If there were not enough sperm cells to get enough DNA then the amount would have been extremely small. If he is having sex frequently, in the car for example, then his sperm cells are probably all over the place. Accidental overlap can't be ruled out, assuming the cells actually came from him and not some other person. If Mclintoc was the killer, then if she had previous sexual contact with someone else, the possibility exists for some of those cells to get mixed up with Tori's blood. The only way for her blood and his sperm to be co-mixed would be from vaginal tearing, but then you would expect there be to be a lot of evidence of him in the sample, not none. But apparently there wasn't any. So, lots of problems with that, I think that evidence is very weak.

Removal of the clothing might be taken as evidence of sexual assault, if in fact it had all been removed or if what remained showed evidence of tearing. So, the items removed were probably taken post mortem, I would think by McClintoc for her own purposes. You can't exlude the possibility that McClintoc was the one doing the assault, if it happened, either. The profile of what was left of the clothing IMO fit an action more consistent with what a female would do than what a male would do. If MR had raped her, and she was killed on site, she should have been naked, but she wasn't.

The *advertiser censored* on the computer means nothing, it certainly has no bearing on motive. Lots of people look at *advertiser censored*, and if they have downloaded it from usenet or a torrent site there is a certainty that whatever it is in going to be illegal in one way or another. Unless it was directly related to the case in some way it would have been excluded as prejudicial, warrant or no warrant.

So I think the evidence of sexual assault was weak. The conviction had more to do with the jury willing to interpolate a motive into the crime than any actual evidence. If he appeals against the conviction, that is what they will likely target, mostly because it is what will keep him in prison the longest.

I do respect that you have an opinion, however, I think you're wrong, he did rape her. I'm still struggling with the fact that some posters still think there wasn't enough evidence of rape. He was convicted of sexual assault and nothing will change that fact.

Part of the *advertiser censored* on the communal computer was downloaded by MR's mother's boyfriend and he actually admitted to this in a news article I just read recently (he called himself an afficianado), if I could find it again, I would include it. However, the *advertiser censored* was regular *advertiser censored*, not 'underage rape, and instructions on how to sexually assault a child, that was found on a hard drive that belonged to MR alone.

And her name is McClintic not McClintoc. Let's forget NOT the names of the two who kidnapped, sexually assaulted, and brutally murdered a defenseless little girl, lest they be forgotten when parole time comes around and they walk free.

He will appeal his conviction on the fact that his trial wasn't moved far enough awayn or that McClintic's May 24th confession should not have been admissible at this trial. Derstine did not mention anything about an appeal relating to the sexual assault charge. Where are you getting your info?? I'm not sure what you're basing your opinions on? Are you like a law student or something? I would give you a zero! Just kidding

---
This one will be judged by God because we failed to punish her properly.

Karla Homolka a mom of 3 living in Caribbean

http://www.cbc.ca/news/world/story/2012/06/21/homolka-ebook-caribbean.html

 

[swedie]

I do respect that you have an opinion, however, I think you're wrong, he did rape her. I'm still struggling with the fact that some posters still think there wasn't enough evidence of rape. He was convicted of sexual assault and nothing will change that fact.

Part of the *advertiser censored* on the communal computer was downloaded by MR's mother's boyfriend and he actually admitted to this in a news article I just read recently (he called himself an afficianado), if I could find it again, I would include it. However, the *advertiser censored* was regular *advertiser censored*, not 'underage rape, and instructions on how to sexually assault a child, that was found on a hard drive that belonged to MR alone.

And her name is McClintic not McClintoc. Let's forget NOT the names of the two who kidnapped, sexually assaulted, and brutally murdered a defenseless little girl, lest they be forgotten when parole time comes around and they walk free.

He will appeal his conviction on the fact that his trial wasn't moved far enough awayn or that McClintic's May 24th confession should not have been admissible at this trial. Derstine did not mention anything about an appeal relating to the sexual assault charge. Where are you getting your info?? I'm not sure what you're basing your opinions on? Are you like a law student or something? I would give you a zero! Just kidding

---
This one will be judged by God because we failed to punish her properly.

Karla Homolka a mom of 3 living in Caribbean

http://www.cbc.ca/news/world/story/2012/06/21/homolka-ebook-caribbean.html

Thanks for the link on KH Kitty...interesting but wonder if it's true. Just because the writer says this, doesn't make it true kwim. Interesting what some will write just to get noticed. Sadly she is free and has children. IMHO she should still be locked up just like her husband.

You are so correct about MR raping Tori. I have no doubt in my mind this was the motive for abducting her. The charge was there for a reason and their was ample evidence to prove rape; circumstantial or otherwise. Tori found naked from the waist down, Tori's blood mixed with sperm faction on the door molding (non coincidental), her blood and his blood mixed on his gym bag, his missing back seat, TLM's testimony, the evidence found on MR's computer shows he had great, sick interest in sexually assaulting a female child, and the fact he downloaded that movie of abducting a female child shortly before Tori's abduction points strongly to his frame of mind. There is more evidence but that is just off the top of my head at the moment and if he was innocent in any way shape or form, his lawyer would have told us how it played out according to MR. Instead all Derstine did was "try" to quash some of the Crown's claims (IMHO Derstine failed badly at) especially using TLM as a scapegoat. AND if MR was innocent of any of the three charges, he would have taken the stand in his own defense. He didn't because he knows he's guilty and a sick monster just as Judge Heeney told him he is. MR would have given his version of what happened that day, including where he disposed of all the evidence; he didn't, he's guilty. May he get his just reward in prison Jeffrey D style. Then we can all be happy and know he's not ever going to be free again or waste another nickel of taxpayers money. JMHO.

Mr. Justice Heeney instructed jurors that it was not enough for them to reject evidence of Mr. Rafferty’s innocence: they must also believe, beyond a reasonable doubt, evidence from the Crown. The question is key in light of the paucity of evidence Mr. Derstine presented: he floated an alternative theory as to how the crime occurred, but presented little evidence to buttress it.

But in the end, the questions about sexual assault, three in all, seemed to be the jury’s sticking point. Within a couple of hours after their final question was answered, they returned guilty verdicts on all counts.

http://m.theglobeandmail.com/news/n...rty-was-guilty/article2431217/?service=mobile

 

[swedie]

Will he ever see freedom again?

At the 15-year mark, the so-called “faint hope” clause kicks in, allowing the prisoner to seek permission to make a parole application. But most killers are turned down, and in this instance, the notoriety and extraordinary viciousness of the circumstances all but ensure that Mr. Rafferty will not be freed at that point – if ever. However, he likely cannot be ruled a “dangerous offender,” which spells an indefinite sentence, because that requires prosecutors to show a pattern to the criminality. And aside from a brush with the law when he was a juvenile, Mr. Rafferty had until Friday never been convicted of anything.

Can he appeal?

Asked after the verdict if Mr. Rafferty planned to appeal it, his lawyer, Dirk Derstine, said that would be up to his client. To do so usually requires either discovering new evidence or finding a legal error by the trial judge.

Wherever he does end up, he is sure to spend the decades ahead in almost complete isolation. A murderer with his résumé would not last 15 minutes within the general population of a federal penitentiary. And even if was housed with other sex offenders he would be an instant target, as Mr. Bernardo has learned. Nor will he be getting many visitors. Aside from his distressed mother, who showed up briefly, no relatives or supporters appeared at his trial. Even before his arrest, he appeared to be almost entirely friendless, aside from the many gullible young women he befriended on the dating web site PlentyofFish.com.

In sum, the once-gregarious sex killer who described himself on Facebook as “complex, with lots of layers,” is facing a recipe for despair: A claustrophobic, empty future almost entirely devoid of hope.

http://m.theglobeandmail.com/news/n...er-getting-out/article2430837/?service=mobile

I'd say MR is probably SOL in the appeal area. As stated above there would have to be new evidence or finding a legal error by Judge Heeney. Read em and weep MR, you're a loser in more ways than one. MOO

 

[swedie]

Wonder if and when the full statement of facts will be released to the MSM from TLM's case April 30th, 2010. :waitasec:

From what I understand many reporters who attended her sentencing were privy to the full statement of facts and I assume no one is able to release it until after MR has made an appeal and that is finalized. Anyone know anything about this? TIA and moo.