Michael Rafferty Appeal?

[swedie]

What a pathetic argument! The monster is totally to blame. As soon as TLM pushed Tori into his car and he drove away, he committed a horrific crime. It's called kidnapping. He knew exactly how it was all going to play out, no doubt in my mind. !!

What would be the benefit of TLM saying she was the one who murdered Tori during the monster's trial? To me that would not be something favourable on her record/file when it comes time to ask for parole. So although TLM may have lied, in that regard she wasn't doing herself a favour kwim. Even if LE had found the hammer, of course her prints would be on it; she was the one who purchased it. No, the monster made sure no one would find the weapon or any other evidence because he knew his DNA and Tori's was all over the evidence he put into the garbage bag, especially TLM's coat which he used to clean himself with after raping Tori and the hammer. The fact is there are only two who know the truth about who used the hammer, therefore we will never know who the actual murderer is and therefore they both deserve the first degree murder charge.

I believe the wicked B still carried the attitude that she would take the fall for both of them because she felt the monster had more to live for then her. Although TLM is manipulative and a liar, IMHO I do not believe she would have been smart enough to concoct all the finer details which came out during trial and then have them all fit together perfectly like a puzzle. She's just not that smart kwim. And if the was an accessory after the fact, he would have cooperated with LE when arrested and would have tried to save his a$$ by speaking up then. May he rot in hell after he is denied. MOO.

McClintic made conflicting statements about whether she or Rafferty delivered the fatal blows to Tori. If she was the “principal offender,” then Rafferty’s actions could mean he is “nothing more than an accessory after the fact,” Calarco said.

“[He's] not blameless by any means, but not blameworthy for murder,” Calarco said.


http://news.nationalpost.com/2013/1...fferty-wants-public-money-to-fund-his-appeal/

 

[Hello_Kitty]

He hasn't been given the right to appeal yet to my knowledge. At this point he's only asking for the taxpayers to pay for his appeal ******if***** he gets one!! He still doesn't have lawyer because he's been refused 4 times by legal aid.

The lawyer who is trying to get taxpayers to pay for the appeal if he gets is is trying to convince the judge that MR needs a lawyer for this appeal because of those three points they mentioned, one being the VetroVec warning. He argues that this case is too complex for Rafferty to represent himself with the aide of a Duty Counsel, so that's why they need a special appeall lawyer which rafferty cannot afford.

 

[Hello_Kitty]

Even if MR didn't physically kill Tori, I believe he egged her TLM on because he was too much of coward to end it himself, and in his little pea brain he may have thought that if he wasn't the one wielding the hammer then he couldn't be charged with murder. He's not very smart, but smart enough to manipulate women into whoring for him and maybe smart enough to egg some poor desperate drug-addled teenager into killing a defenseless little girl.

Also, we have no idea if she wasn't dead before TLM killed her, or at least in a coma, MR liked choking women.

 

[Hello_Kitty]

Somebody please correct me if I am wrong.......but my understanding is that Rafferty has already been granted leave to appeal.

This hearing is about Rafferty claiming he has the right to have a lawyer appointed for him to conduct the appeal through the court.

If his request is denied, he would still have the option of conducting the appeal himself and using "duty counsel" to guide him through the process.

Duty counsel would only be present in court, and keep the process on track.......and as the lawyer for Rafferty states, would not be in a position to adequately argue the fine points in law.

I guess the judge in this hearing, will decide if Rafferty's appeal requires a lawyer or he could do it himself.

The Crown will argue that it isn't that complicated and duty counsel will suffice.

I don't think this judge will be dealing with the merits of the legal arguments on the grounds for appeal themselves.

He was granted an extension to file and appeal, but not granted the actual appeal yet.

 

[Hello_Kitty]

For anyone interested, the written decision by Judge Heeney on one of the matters involved in the appeal is number 7 at the link provided.

http://www.canlii.org/en/search/search.do?type=decision&ccId=onsc&all=michael rafferty

A strange situation, where the defence won the motion and Judge Heeney didn't issue the Vetrovec warning.........and now the appeal lawyer is arguing Judge Heeney should have issued the warning, regardless of the wishes of the defence.

Given the detailed summary by Judge Heeney..........I think a successful appeal is highly unlikely on this issue.

It looks to me like both Derstine and his client requested that no VetroVec warning be issued from reading that passage Ardy?

 

[Ardy]

I think that is exactly right, as I understand it.

 

[Ardy]

Throughout the trial, I gave Rafferty all the benefit of the doubt.

Sometimes my attitude irritated other forum posters.

The evidence from the trial........still left me still wondering a bit.

But, the information that came out later........convinced me that Rafferty was involved in devious, criminal, obscene behavior and TS paid the price for his nefarious obsessions and corrupt character.

I agree with Swedie..........had Rafferty even remotely been an innocent "dupe' in what happened that day, his behavior after the fact removed any serious consideration of his un-involvement.

Maybe TLM went into a jealous rampage......she is quite capable of that, but that wouldn't absolve Rafferty of the complicity of his involvement in the whole scheme.

For some reason though....it appears that in his own small mind....it does.

The words that Rafferty's lawyer carefully scripted.........pretty much acknowledges that Rafferty was involved to some degree.

Rafferty is arguing that it makes a difference to what degree. Unless he could prove he didn't kidnap TS, and didn't sexually assault TS, and didn't physically hurt TS..........I think he is overestimating that the outcome for him.........that is life in prison..........would be any different.

 

[swedie]

Throughout the trial, I gave Rafferty all the benefit of the doubt.

Sometimes my attitude irritated other forum posters.

The evidence from the trial........still left me still wondering a bit.

But, the information that came out later........convinced me that Rafferty was involved in devious, criminal, obscene behavior and TS paid the price for his nefarious obsessions and corrupt character.

I agree with Swedie..........had Rafferty even remotely been an innocent "dupe' in what happened that day, his behavior after the fact removed any serious consideration of his un-involvement.

Maybe TLM went into a jealous rampage......she is quite capable of that, but that wouldn't absolve Rafferty of the complicity of his involvement in the whole scheme.

For some reason though....it appears that in his own small mind....it does.

The words that Rafferty's lawyer carefully scripted.........pretty much acknowledges that Rafferty was involved to some degree.

Rafferty is arguing that it makes a difference to what degree. Unless he could prove he didn't kidnap TS, and didn't sexually assault TS, and didn't physically hurt TS..........I think he is overestimating that the outcome for him.........that is life in prison..........would be any different.

Welcome to this side of the fence Ardy. :seeya:

People want to know the finer details because they feel there are pieces of the puzzle still missing. And maybe so but they will not change the facts it is MR and TLM's fault Tori is no longer on earth. The facts and evidence do not lie. The admitted to being there. He transported Tori in his vehicle to the destination known by him and he left her battered and dead body under a rock pile and did not report it or come clean when he had an opportunity to come clean. Why? Because he was just as involved as TLM (if not more, the sexual assault IMHO). They are in the place where they deserve to be until the end of their lives.

The reasons why the monster is appealing is because it's the only hope in hell he's got and that hope in his pathetic mind is better then what lies ahead; life sentence in a hell hole. He thinks people are as stupid as he is and will buy his lies, especially the lie he supposedly went for a little stroll while the female monster had a chat with Tori all the way back there in the secluded lane way which was known to him more than likely. She had a lot of time alone with Tori to talk. While MR was buying oxys, in TH buying tea, using the ATM machine. She had all that time to talk to her throughout the drive which must have seemed like eternity for that precious little girl. MR had a lot of time to let Tori go also. He didn't because he knew in his sick, perverted mind, "good things were coming his way" that day.

Tori is flying with the Angels and at peace. Merry Christmas little one.

 

[swedie]

Even if MR didn't physically kill Tori, I believe he egged her TLM on because he was too much of coward to end it himself, and in his little pea brain he may have thought that if he wasn't the one wielding the hammer then he couldn't be charged with murder. He's not very smart, but smart enough to manipulate women into whoring for him and maybe smart enough to egg some poor desperate drug-addled teenager into killing a defenseless little girl.

Also, we have no idea if she wasn't dead before TLM killed her, or at least in a coma, MR liked choking women.

This is what I believed happened and again why TLM spoke of the gurgling...

As the Crown said, if TLM was in such a rage, did she actually take the time to put the bag over her head? I think not. It is MOO MR put the bag over her head because he did something unsightly to TS and possibly didn't want TLM to witness it "just in case" they were caught. There would be just that much more telling evidence against the monster kwim. If someone is choked, there is obvious symptoms which would show in their face and eyes and those symptoms would have been seen and described by TLM. All MOO.

If suffocation or smothering has taken place then the eyes of the deceased will be bloodshot; this is a common way of accurately determining that one of these methods has been employed.

http://www.exploreforensics.co.uk/suffocating-and-smothering.html

 

[Peekaboo10]

Public Will Fund Rafferty’s Appeal
http://blackburnnews.com/london/2013/12/10/public-will-fund-raffertys-appeal/

:furious:

 

[Ardy]

Okay.........so get him a lawyer.

We can afford the cost......for the sake of equal justice for everyone (regardless of how contemptible we may find them).

Once the process is complete......it is over and all doors to Rafferty will slam shut forever.

 

[Ardy]

I think there are pieces of the puzzle missing.

There were posts on forums, quotes from newspaper interviews, with information that never made it into the trial.

I won't go into those now.........because I agree it doesn't matter.

 

[JayFriend]

I look at it this way. We have all seen evidence presented that puts him away for life anyway. This will just dot all the "i"s and cross all the "t"s so there will be no more appeals.

 

[swedie]

IMHO it wouldn't be difficult at all for the to handle his own case. All that would be required is for him to tell the truth. He doesn't need access to a law library. To tell the truth he would have to admit he is a deviant sicko who wanted to rape and torture a little girl. And to hide the truth and not get caught he felt his victim had to be murdered. Thankfully these two were caught as I believe they would have found further victims. I would not be surprised if he had prior victims but were too young to divulge information. Not in the sense of them being murdered; but sexual assault. JMHO.

Michael Rafferty's case is too complex for someone with a Grade 9 education in segregation and with no access to a law library to handle on his own with the assistance of duty counsel, Appeal Court Justice Marc Rosenberg ruled.

It is in the public interest that Rafferty's appeal happen "as soon as possible," Rosenberg wrote. In his decision he said he hoped a timetable for filing the appeal documents could be set no later than the end of May.

http://www.cbc.ca/news/canada/toron...blic-to-fund-appeal-bid-court-rules-1.2458532

 

[swedie]

Hoping and praying for a fifth and final denial. Throw away the key to his cell and may he rot in hell. Personally I would like to see him in GP. MOO.

Rosenberg has ordered Rafferty’s case be sent back to Legal Aid for reconsideration. If they refuse, as has happened four times before, Rafferty’s lawyer will be paid for the Attorney General of Ontario.

http://www.thestar.com/news/crime/2...rd_killer_michael_rafferty_ontario_court.html

 

[robynhood]

I cannot believe what I just read...so Micheal Rafferty is going to be granted $ for his appeal....?....did I get this right...dam upset beyond words...JMO...robynhood...

 

[JayFriend]

IMHO it wouldn't be difficult at all for the to handle his own case. All that would be required is for him to tell the truth. He doesn't need access to a law library.

But if he loses the appeal, which he most likely will anyway, he'll say it was because he could not present his case properly to the judge without a lawyer, so we'll be back at square one and he'll appeal again. This appeal will exhaust his last avenue. You see, if he lost this appeal without a lawyer, nobody would know when he'd raise his ugly head again. I'm all for getting this buttoned up and put away for good.

 

[matou]

This whining cry-baby psychopath needs to be put in his place AGAIN. Let him go for it. It really doesn't matter. He won't be getting out of jail ever. JMO

 

[jaycee]

The reasons why the monster is appealing is because it's the only hope in hell he's got and that hope in his pathetic mind is better then what lies ahead; life sentence in a hell hole.

I don't want for him to have hope. He is a hopeful man tonight and that just burns me. I wish he'd just crawl into the back of his cell and rot.

He won't be getting out but this still manages to bug me.

 

[Bravo]

I don't want for him to have hope. He is a hopeful man tonight and that just burns me. I wish he'd just crawl into the back of his cell and rot.

He won't be getting out but this still manages to bug me.

I hear ya. I like the fact tho he may be riding high on hopes right now. Only to have them crushed. It is his right to Appeal. Whether we like it or not. I'm just bouncing off your post in my last remarks.