Michael Rafferty Appeal?

[Minou]

He has some nerve. This makes my heart hurt. I really hope that this will all be over soon. I can't even image what Tori's family is going through having to deal with this now. After everything... I'm so sorry. xoxoxo

 

[Ardy]

Is there a link available to Judge Heeney's instructions to the jury?

 

[JayFriend]

A more detailed story on the appeal:

http://www.vancouversun.com/news/To...c+money+fund+appeal+murder/9235585/story.html

 

[swedie]

Seriously??? I say BS!! WTH was the monster doing driving by the school at 9:00am the morning Tori was abducted?! He was looking for a victim then and couldn't find one or knew it was too difficult to carry an abduction off on his own IMO. That's when he decided to enlist the help of TLM because he was a chicken shat to try and pull it off on his own knowing darn well no little girl would go with a strange male.

The sexual evidence found on his laptop, the mixture of his and Tori's blood found on his gym bag, his semen found in the car, Tori's undergarments removed, the plastic water bottle caps found with her remains TLM claiming he washed his genitals after the horrific rape and torture of Tori, the removal of his back seat after it had been cut up by TLM, more than likely because it had Tori's blood and DNA mixed with his semen and DNA, the visit to the ATM machine to withdraw money to give to TLM to buy the murder weapon and garbage bags, the FACT he allowed an innocent, unknown child to him, into the backseat (pushed in by TLM), then covered with the PIG's pea coat all point to this monster's involvement and he knew exactly what the outcome was going to be. The hid in the nursing home parking lot, instead of parking closer to the school because he didn't want to be seen, knowing he and the TLM were up to something devious and nefarious, he got rid of so much evidence which would prove even further his involvement, and the fact he did not contact LE after the fact speaks volumes. Even when two police officers showed up at his mother's house, before his arrest, the loser still had the gull to lie. He is a sick and if he is granted another trial, the evidence is so strong he will be found guilty all over again. I don't believe he will get a new trial.

WTH is wrong with this lawyer to even consider taking on this scumbags case knowing all the evidence shows his total involvement. I pray the deciding board takes a good, hard look at all the evidence and common sense along with the evidence prevails in this case and he is denied.

Rest in peace Tori. May your family stay strong. May this lawyer find the decency within himself to know the truth of what happened in this case and do society and Tori's family the honourable thing just as DD did; he saw the truth and defended his client accordingly. All MOO.

AND its blatantly obvious he was not an accessory after the fact. Oh but the judge should have made that an option to the jurors. Pffft, how ridiculous of an appeal is that you MONSTER?!!

The trial judge made three errors, including not charging the jury on the issue of accessory after the fact, Calarco told the court.

The jury that convicted Michael Rafferty of killing eight-year-old Victoria Stafford should have considered that he might have been only an accessory after the fact to her brutal murder, Ontario's Appeal Court was told Monday.
The argument was part of lawyer Paul Calarco's attempt to convince the court that there is merit to an appeal of Rafferty's convictions for first-degree murder, sexual assault causing bodily harm and kidnapping.

http://ca.news.yahoo.com/tori-staffords-killer-seeks-public-money-fund-appeal-090012716.html

 

[flipflop]

Cry me a flippin river Rafferty.....your day in court is over, you chose not to speak.....shut it, you did the crime, now do your time!!!!

 

[Kamille]

It's amazing how these MR defence lawyers are always quick to jump on the fact that TLM is a liar and cannot be believed, therefore implying that MR was an innocent accessory dupe in all this, except of course for the part where she said that she used the hammer to kill Victoria. Of course, according to these lawyers for this , that's the ONLY time she told the truth and therefore the jury should only have believed that one thing. They just can't have it both ways. And of course his documented lying is to be ignored. They can throw out everything that TLM had to say and the evidence against MR is still overwhelming that he actively planned and participated in this brutal murder.

MOO

 

[swedie]

Is there a link available to Judge Heeney's instructions to the jury?

Considering the final instructions took a full day for judge Heeney to give to the jurors, it is highly unlikely a reporter would have wrote everything down. In this article it does go into detail about the murder charge so I HTH.

The scenarios Heeney described, which will direct the jury's deliberations, turn on whether the jurors think Rafferty or McClintic killed Tori.

If they think Rafferty killed Tori himself and that it was planned and deliberate, he is guilty of first-degree murder, Heeney said. If they think Rafferty killed Tori himself and that a kidnapping or sexual assault was part of the same series of events as the murder, he is guilty of first-degree murder, he continued.

If they believe Rafferty intended to help or encourage McClintic to kill Tori knowing she was going to commit a planned and deliberate murder, they should find him guilty of first-degree murder, Heeney said. The same goes for if they think Rafferty meant to help or encourage McClintic to kill Tori and a kidnapping or sexual assault was part of the same series of events.

MORE instructions from the judge at this link including second degree and not guilty.
http://www.spjournal.com/article/GB...h-of-tori-stafford-in-hands&template=stpcpart

[/I]After 10 weeks of at times graphic and disturbing evidence, the nine women and three men on the jury began their deliberations late Thursday after a full day of detailed instructions from Superior Court Judge Thomas Heeney.

http://www.newstalk1010.com/blog/michaelrafferty/blogentry.aspx?BlogEntryID=10382709

Justice Thomas Heeney has made a point of being honest with jurors throughout proceedings in the trial; walking them through every step and explaining every detail. So he gave them fair warning at the end of Wednesday's proceedings when he told jurors "I can tell you that it's long, out of necessity," as he discussed plans to start his final instruction.

http://www.newstalk1010.com/blog/michaelrafferty/blogentry.aspx?BlogEntryID=10381819

 

[swedie]

It's amazing how these MR defence lawyers are always quick to jump on the fact that TLM is a liar and cannot be believed, therefore implying that MR was an innocent accessory dupe in all this, except of course for the part where she said that she used the hammer to kill Victoria. Of course, according to these lawyers for this , that's the ONLY time she told the truth and therefore the jury should only have believed that one thing. They just can't have it both ways. And of course he documented lying is to be ignored. They can throw out everything that TLM had to say and the evidence against MR is still overwhelming that he actively planned and participated in this brutal murder.

MOO

:goodpost: It should say GREAT post. Absolutely Kamille, it's absurd and totally laughable isn't it. Great to see you back on Tori's forum wanting justice. :blowkiss:

I believe this is a great analogy from Crown Gowdey in bold.

From the time she confessed on May 19, 2009, until January of this year, McClintic maintained it had been Rafferty who killed Tori by repeatedly striking her in the head with a hammer.

But a few days before Rafferty's pre-trial, McClintic changed her story, testifying that after witnessing the rape, pent-up rage from her own childhood traumas caused her to snap, grabbing the hammer and killing the girl.

Gowdey was skeptical about the new version of events. Why, he wondered, would a fit of such unbridled homicidal rage include taking the time to tie a garbage bag over the victim's head before delivering the fatal blows?

Again I have to stress how women have claimed the monster had a fetish for choking women during sex and I believe this is what he did to Tori and why TLM claimed she heard gurgling noise coming from within the garbage bag. IMO the monster had choked Tori and pretty much took her life at the time then throwing her from his car. My apologizes for being graphic but I believe this is what happened at the hands of the monster.

The girl, still wearing only her "Hannah Montana" T-shirt and nothing else, didn't move, but McClintic said she could hear a "gurgling noise."

http://www.huffingtonpost.ca/2012/0...intic-tori-stafford-last-hours_n_1344023.html

 

[Ardy]

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.

 

[Ardy]

Swedie,

I would have to respectfully disagree that McClintic didn't commit the murder.

I believe she did.......and there are facts that show it very likely that she did.

I am not sure it matters........except that I think people feel misguided sympathy for McClintic, and that is dangerous if it increases the acceptance of her eventual release from custody.

In the edited Agreed Statement of Facts, from McClintic's sentencing hearing, there is some information that leads me to believe she did in fact commit the terrible act.

1) After she was arrested, you will remember she cooperated with the police, by going in a helicopter and flying over the area. In the statement of facts, it was revealed that the helicopter was flying low..........right over the area where the crime took place. McClintic had an "aerial" view of the crime scene, but mentioned nothing to the police at that time.

2) Two days later, she produced a hand drawn "aerial" drawing, that showed all the features, including the "silo" that she would later claim she could see from her vantage point after moving away from the car. She had all the information she needed to concoct the story that she moved to point X.......and therefore could see certain things......such as the silo.

That may explain why she can vividly remember the crime scene, but cannot remember many other details of what happened. I don't think she remembers any of it. I believe she was so drugged up, that it would be impossible to remember. She may remember some things.......until she started taking more drugs along the way......but at some point, I think she is just blank.

3) When questioned by the police, TLM admitted that she bought the garbage bags from the Home Depot. She never mentioned the hammer, until the police had acquired the receipts from the Home Depot that showed the purchase. Why did she omit telling about the hammer purchase....until she couldn't deny it anymore?

4) I believe she knew her fingerprints would be all over the hammer, didn't know if the police would find it, and decided to confess to the crime.....rather than have it sprung on her by the defence in the courtroom.

At that time, she had already been sentenced, already worked a very small concession from the Crown (which involves the submission of her cooperation at any future parole hearing), and was already serving her time.

She had nothing more to lose by admitting the truth, and everything to gain from a "tough factor" for her prison reputation.

As I said, the only reason I care is that people seem to talk about how evil Rafferty is........and he is one evil SOB..........but let's not forget the parts TLM played in all this.

She is a manipulator, has been for a long time, and I doubt Rafferty had to encourage her much to go along with his plan.

Why is there seldom any mention of the punishment that TLM should receive?

She is currently staying in a "country club" atmosphere.......compared to Rafferty.

I think she deserves the exact same treatment. Both of them........equally guilty.

I hope people remember how evil she is.........when she comes up for parole.

Regards,

Ardy

 

[swedie]

Swedie,

I would have to respectfully disagree that McClintic didn't commit the murder.

I believe she did.......and there are facts that show it very likely that she did.

I am not sure it matters........except that I think people feel misguided sympathy for McClintic, and that is dangerous if it increases the acceptance of her eventual release from custody.

In the edited Agreed Statement of Facts, from McClintic's sentencing hearing, there is some information that leads me to believe she did in fact commit the terrible act.

1) After she was arrested, you will remember she cooperated with the police, by going in a helicopter and flying over the area. In the statement of facts, it was revealed that the helicopter was flying low..........right over the area where the crime took place. McClintic had an "aerial" view of the crime scene, but mentioned nothing to the police at that time.

2) Two days later, she produced a hand drawn "aerial" drawing, that showed all the features, including the "silo" that she would later claim she could see from her vantage point after moving away from the car. She had all the information she needed to concoct the story that she moved to point X.......and therefore could see certain things......such as the silo.

That may explain why she can vividly remember the crime scene, but cannot remember many other details of what happened. I don't think she remembers any of it. I believe she was so drugged up, that it would be impossible to remember. She may remember some things.......until she started taking more drugs along the way......but at some point, I think she is just blank.

3) When questioned by the police, TLM admitted that she bought the garbage bags from the Home Depot. She never mentioned the hammer, until the police had acquired the receipts from the Home Depot that showed the purchase. Why did she omit telling about the hammer purchase....until she couldn't deny it anymore?

4) I believe she knew her fingerprints would be all over the hammer, didn't know if the police would find it, and decided to confess to the crime.....rather than have it sprung on her by the defence in the courtroom.

At that time, she had already been sentenced, already worked a very small concession from the Crown (which involves the submission of her cooperation at any future parole hearing), and was already serving her time.

She had nothing more to lose by admitting the truth, and everything to gain from a "tough factor" for her prison reputation.

As I said, the only reason I care is that people seem to talk about how evil Rafferty is........and he is one evil SOB..........but let's not forget the parts TLM played in all this.

She is a manipulator, has been for a long time, and I doubt Rafferty had to encourage her much to go along with his plan.

Why is there seldom any mention of the punishment that TLM should receive?

She is currently staying in a "country club" atmosphere.......compared to Rafferty.

I think she deserves the exact same treatment. Both of them........equally guilty.

I hope people remember how evil she is.........when she comes up for parole.

Regards,

Ardy

First BBM Could provide a link to these facts? TIA.
Second BBM I do believe she provided the most important truths. They acted together, the reason for Tori's abduction was she would do anything for a little bit of love. MR wanted to rape a little girl and TLM was able to fulfill that request from him. MOO.

You make many valid points Ardy and I appreciate them. IMHO MR is getting more attention at this point because he is appealing on what appears to be ludicrous grounds. He needs to admit he was just involved in Tori's demise as TLM and deal with the consequences. The FACT he believes society in general will ever accept his role as an innocent dupe is laughable. Based on all the evidence, including that which was kept from the jurors, it is more than obvious MR is a sexual deviant and he was the instigator. And for him was lucky enough to find someone wicked enough to assist him in fulfilling his sick sexual urges. Judge Heeney spoke the truth during MR's sentencing.

Again IMHO your speculation is just that. We may never know all the details and would it really matter or make any difference if your suggestions above are true? I don't believe so. None of them would change the FACT MR was a willing part of this and he is just as evil as TLM. Both had so many opportunities to do the right thing by returning Tori unharmed and they didn't. I have absolutely no sympathy for either of these monsters. They are both proven manipulating liars and deserve the sentences they received. How are you so sure she has a "country club" atmosphere compared to MR? Could you provide a link? TIA. Bottom line is they are both locked up without the freedom to walk amongst us and I hope when it's time for them to be released from prison, they both leave in cardboard boxes and no heartbeat.

MR will receive the same answer to his appeal as PB did and hopefully Tori's loved one can have some peace and justice. All MHO.

 

[robynhood]

As I read thru what is going on I am TOTALLY sickened for Tori Family! I believe both rafferty and TLM are the most evil of ppl ....and they had a FAIR trial.I spent days tweeting every word that Judge Heenny spoke in that trial...YES the thread of that trial remains here with me using twitter and posting in here! ...Swede was here with me along with most of you....the evidence was overwhelming of his GUILTY of all 3 charges ...the video of MR ( hard saying that monsters name) actually stocking Tori's school is CLEAR ...his intent was obvious....along with the video of the ATM machine >>>$ he gave TLM to go buy the murder weapon .It is clear on video of HIM waiting as TLM went into Home depot....poor tori hidden in HIS BACK SEAT ....I am totally SICKENED to read tonight that ....this again is in court and a lawyer would even think of taking it there......I will have to come back to finish my thoughts....so deeply UPSET....and to Tori's family ...I give my heart felt sympathy that our DAM COURTS would put them thru this.....!


all I can say is where are the victim's right ?????...how could this possibly happen?....Rodney & Tara I want you to believe this will be ENDED ....no way will ONT citzens allow MR back into courts....for an APPEAL...this has not been told to ONT...I have not seen one word on FB ...as ppl will be appauled as I am to read this! ....NO way will this go forward!.....ONT cannot allow this ...I pray that you get PEACE from dam RAFFERY...I wish that the TORI LAW was passed ....and he did not breath the air that we do....and millions felt the same...I saw that petition ....I am sick ...very sick as I read this....so sorry robynhood.....<3 to tori & her family for going thru this.....RIP Ont angel ....amen.

 

[robynhood]

I just tried doing a google search on the appeal...and would like to ask:.....What is happening now with this stupid APPEAL?....

****When will Tori's family know that it is rejected again?...Please GOD no funding for the and let him go back to JAIL where he belongs....

Does anyone know when a JUDGE will make a final decision on the horrendous ordeal MR>>> dam appeal..... ( IMHO)?

I will keep checking back here ....and use google as I really want to see this over...To Tori's family ....>>again I am deeply heart broken that you must endure anything to do with this perv/sicko ....imho this is GARBAGE....RIP again ONT "S sweet angel ....robynhood....thks to anyone who knows the answers to my above questions as this deeply sickens me...( IMO)...robynhood.

 

[Ardy]

Swedie..........

Very good post.

Perhaps when all his chances of appeal are exhausted, Rafferty will face reality and confess to what happened that day.

I do have some concern that TLM has largely been ignored by the media, and has taken on the role as a "victim of manipulation" by some.

I hope people remember the role she played in this terrible crime, her attitude and behavior after she was sentenced, and she spends the rest of her days in custody.

One KH mistake is enough.

 

[Ardy]

Swedie........

This is........or was the place where the link was located. (first link at bottom)

Look on the left hand side of the page for TLM statement.

It has since been removed, and I haven't found it located anywhere else.

It is too bad, that it isn't available, as it showed how manipulative TLM was when everyone was looking for TS. She did "cooperate", but did son on her own terms. She was very careful how about what she "remembered" and what she could "not remember". Her failure to show the police where all the clothing and items from the crime were discarded........comes to mind as one instance. I also read an article about her lawyer at the time, which stated they agonized for months over what TLM would do, so TLM did have the opportunity before her admission of guilt to carefully craft what she would admit to. (second link)

The following quote from the article, is what I believe should concern people, especially with the knowledge that TLM later changed the statement of facts she represented as the truth at her hearing. It looks as though, she lied to and manipulated her own lawyer.

McClintic will be eligible for for parole in 15 years under faint hope clause in the Criminal Code. Her confession, cooperation with police and guilty plea may be factors helping her cause.

But none of those were made with that motive in mind, LeRoy says.

"None of that was act."

Even so, her client is young and believes "Some day I may have an opportunity to convince a board that I have learned from the biggest mistake of my life."

http://www.cbc.ca/news/canada/tori-stafford-abduction-details-revealed-1.888676

http://www.torontosun.com/news/canada/2010/12/08/16485536.html

 

[Bravo]

They were both culpable. I don't care who did what and when. They took Victoria and the end result was she would not return to her Family. End of story. Sadly. They can appeal all they want. Good luck with that. Yet it is a right to all. That is the Law.

 

[robynhood]

......Arby and to my other poster friends here...I must ask again....Does anyone know how long it will take before the JUDGE ( 2 days ago ...Mon. Dec. 2) will take to give MR a discussion on what his lawyer is asking from ONT....on his appeal?

I am still SHOCKED that MR is asking for a not GUILTY charge of "murder"....a bystander his lawyer said now........that is a dam JOKe....IMHO!.....He had his chance during the trial...........and chose >> NOT TO SPEAK .....too late MR!.........I do want to know ,,,," WHEN " ...tori family will have some kind of PEACE from MR?....please kindly answer if anyone knows what is to occur next .....?....Must admit again this deeply concerns me as I know every detail of this case ...I shall never forget it ,,,EVER!...thanks if anyone can be so kind to answer......robynhood....thanks to you all again...

 

[Ardy]

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.

 

[swedie]

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.

Here's your link, HTH.
His arguments were countered in legal terms by the Crown, and dismissed in far more human terms by the victim’s mother.

“It’s a joke, it’s all a joke,” Tara McDonald told The Free Press. “And even if he didn’t kill Victoria, he sexually assaulted her, got rid of evidence, didn’t go to police, didn’t defend himself or tell his side of the story so he’s just as guilty, if not worse than her.”

Crown attorney Randy Schwartz argued in court that the trial judge made no errors.

As far as legal protections, Rafferty “got exactly what he asked for in trial,” Schwartz said.

Even if the appeal went ahead, it’s not complex enough to warrant anything beyond duty counsel, Schwartz said.

Calarco argued the case was too complicated for duty counsel only.

More at link.
http://www.theobserver.ca/2013/12/0...-michael-rafferty-appeal-of-murder-conviction

 

[swedie]

I just tried doing a google search on the appeal...and would like to ask:.....What is happening now with this stupid APPEAL?....

****When will Tori's family know that it is rejected again?...Please GOD no funding for the and let him go back to JAIL where he belongs....

Does anyone know when a JUDGE will make a final decision on the horrendous ordeal MR>>> dam appeal..... ( IMHO)?

I will keep checking back here ....and use google as I really want to see this over...To Tori's family ....>>again I am deeply heart broken that you must endure anything to do with this perv/sicko ....imho this is GARBAGE....RIP again ONT "S sweet angel ....robynhood....thks to anyone who knows the answers to my above questions as this deeply sickens me...( IMO)...robynhood.

There is no word or suggestion Robynhood as to when the decision will be made. Sit tight and look forward to learning he will not be granted anything. As you know the wheels of justice turn slow. HTH and JMHO.