Trial Thread 4/26/2012

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Judge calls 10 minute afternoon recess. Shorter than the normal 20 to allow the Crown to finish up with witness in time.

 

[robynhood]

...sorry but has anyone seen ANYTHING from the defense yet???...as Otto writes above ..sorry can not find post ...twitters are coming in quickly ...robynhood

 

[Tahorn]

Does anyone else feel that Derstine's line of defense was blown out of the water by TLM's "new" confession in January?

Surely his line of defense all this time, was to show what a liar TLM was, because she said MTR killed Victoria.

Now, he can't try and focus on just how much of a liar TLM is and was, because, he wants the Jury to believe her "moment of truth" about who wielded the hammer on Tori.

Funny enough, the very character assassination that he has so vigorously defended and tried to prevent against for his client, will be the very thing he focuses on in the defense of his client, as he presents the character flaws of TLM.

Do you think the Jury will pick-up on that? Will they think he is grasping at straws?

JMO

She changed her story back in January ... I assume the defence was notified.

 

[~n/t~]

...sorry but has anyone seen ANYTHING from the defense yet???...as Otto writes above ..sorry can not find post ...twitters are coming in quickly ...robynhood

Not yet. We're on our last witness for the Crown's case.

 

[otto]

....I am asking because I am seriously considering driving to London ...IF Rafferty takes the stand in his defense...this case has me so deeply upset! ....Guess I will have to wait and see....AWho knows what will be happening tomorrow ....another Court day off ...as I read numerous times ...the crown should be finished today ???....very curious and I guess I am feeling anxious about this whole darn thing as I read IMO....seems like ...MAny feel the same here ????..robynhood

I tend to have faith in the system and the jury. I can't imagine how MR could be found not guilty of first degree murder given his participation in the kidnapping and murder. He facilitated the event by choosing to drive the victim to the location where she was assaulted and murdered and by providing money for the purchase of the murder weapon. I believe that he sexually assaulted Victoria and that he caused injury that may have resulted in death ... we'll never know for sure, but I don't think it can be ruled out. Eariler on the day of the murder he claimed that "good things were coming his way" and he did everything he could after the murder to hide his participation in the crime. It appears to me that his jail visits to TLM were based on his goal to ensure that she kept her mouth shut. I think that the jury would have to ignore overwhelming circumstantial evidence to find him not guilty of first degree murder.

 

[robynhood]

As we all know the defence has no obligation to present a defence or even if they do to let the Crown know what their defence might be. They either opt in to a discovery agreement or essentially play poker with their hands. MOO

ETA: One of you will know because I cannot remember was it this trial or TLM's that proceeded without a prelim hearing?

...No prelim hearing in ths trial...rafferty went striaght to court ...OMg but 3 years after the fact ...robynhood

 

[Sillybilly]

What 8 year old child would go along with being kidnapped without making a stink? I can not see how he could not know at some point in time that she was being held against her will. It wasn't like it was a 10 minute drive or something, it took hours. Even BA said she didn't see a child in his car, so a child being hidden in the backseat (maybe?) of a vehicle proves to me that he knew she wasn't just being babysat. I don't hide kids I am babysitting from public view in my vehicle. Maybe he didn't initially know it, but at one time he had to have known. He had ample opportunity to stop her murder if he wasn't part of the initial plan IMO.

Not to mention that the same dude that was subsequently buying gifts for JW's kids didn't even bother to bring Tori a treat from Tim Hortons. I don't even come out of Timmies without Timbits for my dogs.

Heartless bas---ds !!

 

[otto]

...sorry but has anyone seen ANYTHING from the defense yet???...as Otto writes above ..sorry can not find post ...twitters are coming in quickly ...robynhood

The defence's expert witness list would have been given to the crown, but I doubt it will be released to the public until the witnesses actually testify.

 

[Sailor Bug]

The jury is back in the courtroom.

RaffertyLFP: The court is being shown a timeline and synopsis of the video evidence starting with Galley Cinema

He's prepared a video timeline from April 8th, 2009.

 

[Sailor Bug]

Video actually begins on March 25th, with Gallery Cinemas clips.

Video shows Rafferty's car passing by Oliver Stephens after 9am, then McClintic at Foodland after 10.

RaffertyLFP: Video moves on to McClintic in grocery store and Rafferty at ABM - these last two on morning of April 8

Then, shows Rafferty at BMO in Woodstock withdrawing cash after 11.

At 11:13, Rafferty withdrew $400 put in his account by Charity Spitzig.

 

[robynhood]

Video shows Rafferty's car passing by Oliver Stephens after 9am, then McClintic at Foodland after 10....complete timeline from video evidence on April 8 2009 is now being shown in court....robynhood

 

[Shasta]

Nobody is getting $5700/month.
They said they get $57/month. No extra zeroes. That was also for CTB, not OW.
Not many people are getting $5700/year from social assistance, even. Don't worry, people on social assistance are living in miserable poverty, unless they are doing something on the side that they aren't allowed to do (and would disqualify them for assistance if found out). We will skip dinner for 2 weeks just to buy a new pair of pants for $20 at walmart, due to massive crotch-holes in the one pair we own. THAT is the system at work.

I was on social assistance for 3 years when my children were young after my marriage failed and I was attending university. It's a horrible thing. If you're honest and play by the rules, it's desperate, abject poverty. Always robbing Peter to pay Paul--so to speak. I was grateful for this safety net, but it sure is difficult to raise children and live in such deprived conditions.

I felt so ashamed to be receiving benefits. My shoulders slumped and I couldn't look people in the eye. And although I remember many kindnesses from neighbours, friends and family, I also remember terrible things being said to my children and disparaging comments from people who always assumed my uni education was being paid by the public coffers when, in fact, I paid for my education myself through an OSAP loan. I believe anyone who can manage a family on the paltry amounts dished out by this "system" is truly remarkable, resilient and resourceful.

 

[crazyladi]

I think that every murder trial or high profile case gets scrutinized on how it could have been done better, The deal with the devil being one of them.No one is perfect and unfortunately wrong people have been convicted.

This case has so much evidence its not even funny. Again the only thing that isnt screaming 100% guilty for some is the rape. I am at a 80/20 but if I was a juror weighing all the evidence I would say he is guilty of the rape because of the following reasons.

1) Tori found without pants
2) Male semen mixed with Tori's blood.
3) TLM's testimony

Although I want to not believe someone is so sick I do believe her testimony as all the evidence has pretty much painted the same picture to what she has said so far. She wasnt privy to the information like MTR was. He knows what he can lie about because he was out a month after the murder.

I wouldnt want someone going to jail for something they did not do but for the rape but the evidence is showing it happened IMO

I probably wouldnt be a good juror

 

[robynhood]

...looks like Crown is wrapping up ...OMg...IMo I dread what will happen when derstine starts ...defense ...A post here from reporter did say if Rafferty is to take the stand it is to happen before witnesses start ...I read...Imo I will be surprised if Rafferty does....But IMO ...one never knows in this case what may happen next ....Omg robynhood.

 

[Sailor Bug]

In the courtroom, Rafferty watching the video of himself closely.

Next video is from just after 3 pm. Rafferty driving by CASS. Similar video from 3:20.

At 3:25, Rafferty comes to the Esso on Parkinson Road, then leaves soon after.

RaffertyLFP: Video moves on to CASS video of Honda Civic and then Civic at Esso gas station

 

[Sailor Bug]

At 3:25, Rafferty comes to the Esso on Parkinson Road, then leaves soon after.

Earlier tweet should say 3:30. Rafferty returns to the school area then. His car is seen on the CASS video.

At 3:32, McClintic and Tori seen on video walking near CASS.

On an alternative, very distant angle, McClintic and Tori suggested to be the 2 people walking near CASS soon after the first video ended.

RaffertyLFP: Video moves on to infamous "white-coated woman" leading Tori away from her school - now know to be McClintic

A vehicle fitting the description of Rafferty's is seen leaving CC Retirement Home a short time later.

 

[Sailor Bug]

RaffertyLFP: Video moves on to parking lot of Home Depot in Guelph around 5 pm

Now showing vehicle that matches Rafferty's, highlighted in red, on Home Depot exterior camera.

RaffertyLFP: Video show Rafferty entering Petro Can next to Home Depot to use ABM

A person, suggested to be Rafferty, gets out of the vehicle, and walks towards the PetroCanada.

 

[Sailor Bug]

Next clip shows a person, who looks like Rafferty, entering the PetroCanada in Guelph (beside Home Depot) and using the ATM

Rafferty's car then droves towards the Home Depot. A person who looks like McClintic (wearing the white jacket) gets out and goes inside.

RaffertyLFP: Video moves to Home Depot parking lot McClintic gets out and goes inside

McClintic (we now know) purchases a hammer and garbage bags from the Home Depot, self checkout.

RaffertyLFP: Inset video shows McClintic in store shopping

 

[robynhood]

RaffertyLFP Video moves on to parking lot of Home Depot in Guelph around 5 pm....so timeline seems right as we know...IMO cofirms TLC telling the truth >>>TIME WISE>>> and confirms time of when the horrible deed was done as cell phone was off ....give accurate timeline ..IMO ..robynhood

 

[Sailor Bug]

Showing the entirety of the wait outside at Home Depot. Crown's theory is Rafferty and Tori were in the car together.

Showing a split screen now, the parking lot on one side, McClintic buying the items on the other. Timing is simultaneous.

is this on April 8?

Yes. They said it would all be the 8th, then showed the cinema video.

At 5:12, McClintic leaves Home Depot. Rafferty moves his car towards the door to pick her up.

Video shows the person believed to be McClintic putting items into Rafferty's vehicle's trunk. What's believed to be his car leaves the lot

The video ends.

RaffertyLFP: Video wraps up with McClintic approached Rafferty car in parking lot and putting bag in trunk they drive away