11:31
Mike Knoll: @Teri - TLM's testimony has been the only evidence presented regarding the sexual assault; however, it depends what you infer from the fact Tori was only wearing a shirt when she was found. As far as the jury finding Rafferty guilty of something other than 1st degree murder, it will depend on how the judge charges the jury and the instructions he gives them following the arguments from both sides.
Here's an excerpt from our coverage following the Crown's opening statement:
But jurors don't have to determine which actions Rafferty and McClintic took individually, only that together they killed Tori, said Gowdey as he neared his quietly dramatic ending to an opening delivered in measured, sombre tones.
"Your task will be to decide whether they acted together when they picked up Tori . . ., whether they acted together when they . . . bought the garbage bags and the hammer, whether they acted together when they took to Tori to an isolated location where all of her clothing was removed but her T-shirt, whether they acted together to bring about the sexual assault of Tori, whether they acted together when Tori was killed, when she was placed in garbage bags and when heavy rocks were placed on top of her."
http://www.lfpress.com/news/london/raffertytrial/2012/03/05/19463111.html
11:28
Comment From Teri
A couple quick questions I'm hoping you can help me with. I've been following LFP but wonder about a couple of things. With the Crown wrapping up their case soon has their been any evidence given, other than from TMcl, regarding the sexual assault? Also, if she is admitting she killed Tori can a jury find MR guilty of murder? (Assuming the jury chooses to believe her testimony in court over original police statement.) Can the jury find him guilty to something other then first degree?