5/15/2012--Sentencing

[BorgQueen]

I agree 100%. MR's secrets and double life, (and the fact that he hid both so well) IMO makes him much, much more dangerous than TLM. I suspect that had it not be TLM, there would have eventually been another female groomed by MR to help carry out his desires.

I agree. TLM is very in-your-face about who she is. She doesn't hide it. Which is probably how MR figured out so quickly that he can use her to his advantage. I have no doubt that she has some serious psychological problems. Everything that has been revealed about her life has been absolutely terrifying, and I have no doubt that it was worse than we know. She was an easy target for him.
And you're right, if not TLM, he would have eventually found somebody equally as messed up to use to carry out his desires, then frame for the entire thing.
As he allegedly said to TLM... "you'd do anything for a little love, eh?". She would. She did. And any chance she had at getting help is gone now. Because of him. (again, NOT minimising her role in this horrible crime. Just making a point, yet again, that it was MR who was the leader... )
He wanted a child to rape and murder. A family to destroy. A community to terrorise. A mentally ill young woman to help him carry out the crime so he can pin it on her. If not TLM, it would have been somebody else.

And unfortunately, if not Victoria... it would have been somebody else. And is Tori even the first?

 

[puppyraiser]

I agree. TLM is very in-your-face about who she is. She doesn't hide it. Which is probably how MR figured out so quickly that he can use her to his advantage. I have no doubt that she has some serious psychological problems. Everything that has been revealed about her life has been absolutely terrifying, and I have no doubt that it was worse than we know. She was an easy target for him.
And you're right, if not TLM, he would have eventually found somebody equally as messed up to use to carry out his desires, then frame for the entire thing.
As he allegedly said to TLM... "you'd do anything for a little love, eh?". She would. She did. And any chance she had at getting help is gone now. Because of him. (again, NOT minimising her role in this horrible crime. Just making a point, yet again, that it was MR who was the leader... )
He wanted a child to rape and murder. A family to destroy. A community to terrorise. A mentally ill young woman to help him carry out the crime so he can pin it on her. If not TLM, it would have been somebody else.

And unfortunately, if not Victoria... it would have been somebody else. And is Tori even the first?

OT but yet still related to this horrible crime. See link below re: another Ontario story about 4 yr old child who was brutally attacked in Oct 2011 by an 18 yr old male. The male was charged as an adult and his history seems similar to MR's (re: *advertiser censored*, google search about rape and drug use)

http://www.thepost.ca/ArticleDisplay.aspx?e=3329321&archive=true

I, too, wonder if MR has done this before or if he decided to start his criminal behaviour at 28?

 

[crazyladi]

Wow how scary!!! God I'm so sick of these freaks

 

[Wondergirl]

I agree. TLM is very in-your-face about who she is. She doesn't hide it. Which is probably how MR figured out so quickly that he can use her to his advantage. I have no doubt that she has some serious psychological problems. Everything that has been revealed about her life has been absolutely terrifying, and I have no doubt that it was worse than we know. She was an easy target for him.
And you're right, if not TLM, he would have eventually found somebody equally as messed up to use to carry out his desires, then frame for the entire thing.
As he allegedly said to TLM... "you'd do anything for a little love, eh?". She would. She did. And any chance she had at getting help is gone now. Because of him. (again, NOT minimising her role in this horrible crime. Just making a point, yet again, that it was MR who was the leader... )
He wanted a child to rape and murder. A family to destroy. A community to terrorise. A mentally ill young woman to help him carry out the crime so he can pin it on her. If not TLM, it would have been somebody else.

And unfortunately, if not Victoria... it would have been somebody else. And is Tori even the first?

BBM: No, IMO.

There is a reason he was upset that TLM brought a girl back that was as "old" as Tori.

There were other victims, IMO. Not saying she is a victim at all, and I pray that she is not, but, there were pictures in one of MTR's social media accounts, and the look on that girl's face said it all, to me, and from what I read, to alot of people. She did NOT want Rafferty hanging onto her. Could have been innocent, but, from what we have 100% confirmed about him now, seems odd now. The comments he made about her too. She was 100% pulling away from him, her body language said ALOT.

Rafferty had other victims. I would even suggest there were many.

JMO



*

 

[Wondergirl]

OT but yet still related to this horrible crime. See link below re: another Ontario story about 4 yr old child who was brutally attacked in Oct 2011 by an 18 yr old male. The male was charged as an adult and his history seems similar to MR's (re: *advertiser censored*, google search about rape and drug use)

http://www.thepost.ca/ArticleDisplay.aspx?e=3329321&archive=true

I, too, wonder if MR has done this before or if he decided to start his criminal behaviour at 28?

OMG.

I had heard of that girl being stolen from the Arena bathroom and sexually assaulted.

I did not know all those other horrifying details. I feel sick. He left a 120lb culvert on her? Why did he do those horrible, planned things? He looked up things on Russell Williams and how to get away with rape etc.? Vomit. WTH is wrong with these people?

 

[BorgQueen]

BBM: No, IMO.

There is a reason he was upset that TLM brought a girl back that was as "old" as Tori.

There were other victims, IMO. Not saying she is a victim at all, and I pray that she is not, but, there were pictures in one of MTR's social media accounts, and the look on that girl's face said it all, to me, and from what I read, to alot of people. She did NOT want Rafferty hanging onto her. Could have been innocent, but, from what we have 100% confirmed about him now, seems odd now. The comments he made about her too. She was 100% pulling away from him, her body language said ALOT.

Rafferty had other victims. I would even suggest there were many.

JMO



*

I agree, I don't think Tori was his first victim. He targeted single mothers for a reason (and men like him are the reason that I, as a single mother, refuse to date anybody and remain single. I have always been suspicious of men who want women with children... Rafferty only proved to me that I am making the right decision. My child's safety is more important than my loneliness..).

Anyway... it is safe to say that Tori wasn't the first victim of sexual assault... but... was she the first victim that ended up dead? I am not so sure she is...

 

[swedie]

Thirteen days after sentencing and we have yet to hear as to whether MR will appeal. It would be interesting to know if there were lawyers lined up waiting to take on MR's appeal or whether he had to contact one on his own. Just a guess but I imagine Derstine left MR with a couple names to chose from and a suggestion as to what he could try to appeal on as per interview below. Whomever takes on MR's appeal I'm sure will be very familiar with the case.

JMHO but I believe whatever grounds MR appeals on will be thrown out. Judge Heeney already ruled the location of London was a good location to hold the trial, and from past reports it seems apparent to me Derstine and MR were in acceptance. So with that to say, the judge will deny location played a major role in the guilty verdict. This case was nation wide and the jurors found MR guilty based on evidence. The defense played a part in choosing this jury so I really don't get the whole location thing Derstine hints at. Grasping at straws for an appeal that's all I believe it is. He knows MR has no leg to stand on otherwise.

As far as TLM's testimony being grounds for appeal, I cannot see that argument floating either. The defense did not fight her testimony from the get go and given all the evidence I believe the jurors decision of guilt was not based on TLM's testimony. During deliberations the jurors came back with questions as to the state in which Tori's remains were found; naked from the waist down. This goes to show they went over and beyond TLM's testimony and took the actually evidence into consideration. That consideration goes to show guilt on MR's part for all three charges. :moo:

Pfft Good luck with an appeal Mr. Rafferty. You just need to go crawl into a corner, curl up and die already. Enough time and money has been wasted on you IMHO.

Speaking to the Globe and Mail, Dirk Derstein says there's (quote) "literally no downside in trying," and suspects 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.

Just because an appeal might be filed does not mean a new trial will be granted, and Derstein says it's unlikely he'll be Rafferty's primary appeal lawyer, suggesting that job will fall to someone else.

http://www.am980.ca/channels/news/local/story.aspx?ID=1703258

Defence lawyer Michael Lacy told CBC News on Saturday he believed an appeal is "likely," partly because of the sentence Rafferty faces, but added there would be more to it.

'I'm glad two people who did horrible, despicable things are not going to be in our community or anywhere in Canada for some time to come.' Former Woodstock mayor Michael Harding.

"I think the appeal will rest on the trial judge's decision to allow the Crown to introduce the prior statement of McClintic," Lacy said, referring to a crucial piece of testimony that implicated Rafferty.

"It's a special procedure that's used. It's a legal motion that the Crown had to bring to introduce that evidence, and I think that will be the subject of an appeal.

"Having said that, given that the trial judge excluded evidence from the car and that came under a lot of attention, obviously before the verdict, that actually hurts Michael Rafferty's appellate chances. Had that evidence been admitted, that would have been another ground of appeal, leaving uncertainty about the conviction going forward."[/I]

http://www.cbc.ca/news/canada/story/2012/05/12/rafferty-stafford-verdict-sentencing.html

 

[BorgQueen]

Thirteen days after sentencing and we have yet to hear as to whether MR will appeal. It would be interesting to know if there were lawyers lined up waiting to take on MR's appeal or whether he had to contact one on his own. Just a guess but I imagine Derstine left MR with a couple names to chose from and a suggestion as to what he could try to appeal on as per interview below. Whomever takes on MR's appeal I'm sure will be very familiar with the case.

JMHO but I believe whatever grounds MR appeals on will be thrown out. Judge Heeney already ruled the location of London was a good location to hold the trial, and from past reports it seems apparent to me Derstine and MR were in acceptance. So with that to say, the judge will deny location played a major role in the guilty verdict. This case was nation wide and the jurors found MR guilty based on evidence. The defense played a part in choosing this jury so I really don't get the whole location thing Derstine hints at. Grasping at straws for an appeal that's all I believe it is. He knows MR has no leg to stand on otherwise.

As far as TLM's testimony being grounds for appeal, I cannot see that argument floating either. The defense did not fight her testimony from the get go and given all the evidence I believe the jurors decision of guilt was not based on TLM's testimony. During deliberations the jurors came back with questions as to the state in which Tori's remains were found; naked from the waist down. This goes to show they went over and beyond TLM's testimony and took the actually evidence into consideration. That consideration goes to show guilt on MR's part for all three charges. :moo:

Pfft Good luck with an appeal Mr. Rafferty. You just need to go crawl into a corner, curl up and die already. Enough time and money has been wasted on you IMHO.

Speaking to the Globe and Mail, Dirk Derstein says there's (quote) "literally no downside in trying," and suspects 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.

Just because an appeal might be filed does not mean a new trial will be granted, and Derstein says it's unlikely he'll be Rafferty's primary appeal lawyer, suggesting that job will fall to someone else.

http://www.am980.ca/channels/news/local/story.aspx?ID=1703258

Defence lawyer Michael Lacy told CBC News on Saturday he believed an appeal is "likely," partly because of the sentence Rafferty faces, but added there would be more to it.

'I'm glad two people who did horrible, despicable things are not going to be in our community or anywhere in Canada for some time to come.' Former Woodstock mayor Michael Harding.

"I think the appeal will rest on the trial judge's decision to allow the Crown to introduce the prior statement of McClintic," Lacy said, referring to a crucial piece of testimony that implicated Rafferty.

"It's a special procedure that's used. It's a legal motion that the Crown had to bring to introduce that evidence, and I think that will be the subject of an appeal.

"Having said that, given that the trial judge excluded evidence from the car and that came under a lot of attention, obviously before the verdict, that actually hurts Michael Rafferty's appellate chances. Had that evidence been admitted, that would have been another ground of appeal, leaving uncertainty about the conviction going forward."[/I]

http://www.cbc.ca/news/canada/story/2012/05/12/rafferty-stafford-verdict-sentencing.html

BBM: I do believe that Mr. Derstine suggested that he does not believe that the jurors went on TLM's word alone, else they would have come back with a verdict much sooner than they did. I agree with this.

MR will appeal. If he doesn't, I will be shocked. He thought he was going to get away with it. He probably still thinks he has a chance.

 

[crazyladi]

BBM: No, IMO.

There is a reason he was upset that TLM brought a girl back that was as "old" as Tori.

There were other victims, IMO. Not saying she is a victim at all, and I pray that she is not, but, there were pictures in one of MTR's social media accounts, and the look on that girl's face said it all, to me, and from what I read, to alot of people. She did NOT want Rafferty hanging onto her. Could have been innocent, but, from what we have 100% confirmed about him now, seems odd now. The comments he made about her too. She was 100% pulling away from him, her body language said ALOT.

Rafferty had other victims. I would even suggest there were many.

JMO



*

Couldnt agree more. I am one of those people that agree that something was not right about that picture right from the beginning before I even found out what MR was all about. She looked scared, and wanted him to let her go. Her face said it all. I really hope that isnt the case but I really feel strongly that he has totally done this to other children. IMO

 

[nettie_82]

Does anyone know how long it takes usually from the time he files an appeal until a ruling is made if an appeal will be granted?

 

[jenniferleia]

Does anyone know how long it takes usually from the time he files an appeal until a ruling is made if an appeal will be granted?

In a case I was involved with, it took 3 years to go through the system. It got rejected...thank goodness!

 

[JayFriend]

In a case I was involved with, it took 3 years to go through the system. It got rejected...thank goodness!

I believe any appeal has to be filed within 30 days after the verdict. It's almost 2 weeks now and no news yet. Would there be any reason to leave filing until the 11th hour, or should we suppose he's shopping around and hasn't found any takers yet?

 

[Mystic]

Does anyone know how long it takes usually from the time he files an appeal until a ruling is made if an appeal will be granted?

i don't know.. but i think that it should be immediately filed in the shredder
of course that's what i would do

 

[nettie_82]

In a case I was involved with, it took 3 years to go through the system. It got rejected...thank goodness!

3 <modsnip> years??!!! You have got to be kidding me! I thought 6 months would be bad enough!! The family deserves peace now, not the possibility of an appeal looming over their head for another 3 years. WOW! I pray to God he doesn't even file one, or if it does as Mystic said...it goes in the shredder.

 

[Hello_Kitty]

No appeal yet? *keeps fingers crossed he won't appeal*.

 

[swedie]

Nope haven't heard anything yet. IMHO I highly doubt he has a leg to stand on when it comes to appealing anything. That doesn't mean he won't try of course. He is a desperate even though he knows he is guilty on all three charges. He's got nothing better to do then be a pain in the azz. I like Karma! :floorlaugh:

When I read through all the links WG posted above, it doesn't seem Derstine left any room for appeals. He tried so desperately to get so much thrown out and was either denied or successful so I bet there's nothing left to appeal on other then location as to where the trial was held and again as I posted above, I believe the Crown and defense were pretty much in agreement to London.

When reports read "no chance of parole for 25 years", let's pray this is so. AND when the 22 years is up, hopefully he is :denied: over and over again for the rest of his pathetic life. MOO

No appeal yet? *keeps fingers crossed he won't appeal*.

 

[swedie]

O/T but a happy note. These poor children. I pray they will be able to put the horrific past four years behind them and enjoy life with their forever grateful mother. MOO

Two Canadian kids missing for four years reunited with mom after Mexican exile

Read more: http://www.globalwinnipeg.com/Canad...exican+exile/6690690/story.html#ixzz1wEpgpM4E

'I am the happiest Mummy in the world right now': mother reunited with missing children
Dominic and Abby Maryk returned to Canada after 4 years missing

http://www.winnipegfreepress.com/breakingnews/nightmare-for-winnipeg-kids-154976035.html

 

[jenniferleia]

I am pretty sure he will appeal. He has nothing to lose.

 

[JayFriend]

I am pretty sure he will appeal. He has nothing to lose.

Appealing a life sentence is pretty much a given. By not appealing, he's pretty much saying, "Oops, I guess I am guilty, sorry for wasting 3 years of everybody's time". From what we've learned, there's really no solid grounds for appeal, so if it takes another 3 years to work through the system, it only matters to the convicted. The families shouldn't worry, only gloat over the fact that MTR will have another 3 years of uncertainty before starting to dream up stories for the parole board a long way down the road.

 

[Flowercb]

Dirk Derstine is married to his law partner Jennifer Penman, just an interesting tidbit.

http://www.lifenews.ca/waterloorecord/profile/24887--derstine-clayton-kolb-our-friend-hus