Trial Thread 7 May 2012 - Closing Arguments, Defense then the Crown

[Kamille]

RaffertyLFP: Derstine says McClintic seem capable of believing her own lies are the truth

Derstine says if McClintic was telling the truth about her mental state, she's either lying or not a worthy witness.

RaffertyLFP: Derstine says "people like to protect themselves, to escape responsibility" she is lying to escape her own guilt

So his closing argument is his opinion of TLM as a person with absolutely nothing to back it up?

MOO

 

[Sailor Bug]

Derstine says her tears on May 19th should not mislead the jury.

RaffertyLFP: Derstine said McClintic admitted that if the trial was held year earlier she would have accused Rafferty of murder

She said, in custody, she was not remorseful for her acts, only remorseful because it was a child.

 

[~n/t~]

Linda Nguyen ‏ @LindaNguyenPN
Derstine says McClintic is a good liar who knows how to use made up details to make what she was saying seem true

Linda Nguyen ‏ @LindaNguyenPN
He calls McClintic's statements to police a "fantastic performance" resulting in a "careful fiction"

Linda Nguyen ‏ @LindaNguyenPN
He says McClintic is a "prolific and accomplished liar" who repeatedly misled police in this investigation

Linda Nguyen ‏ @LindaNguyenPN
He says it is there job to assess McClintic's credibility and reliability

Linda Nguyen ‏ @LindaNguyenPN
Derstine says there is only one fundamental direct piece of evidence in this case: the evidence of Terri-Lynne McClintic

Linda Nguyen ‏ @LindaNguyenPN
Derstine explains difference between direct and circumstantial evidence

Linda Nguyen ‏ @LindaNguyenPN
He says his job is not to prove anything to them. It's the Crown's job to prove their case beyond a reasonable doubt

Linda Nguyen ‏ @LindaNguyenPN
Their verdict must be base on 3 legal principals: presumption of innocence, onus of proof and guilty beyond reasonable doubt

Linda Nguyen ‏ @LindaNguyenPN
Their job is not to judge #Rafferty's moral flaws. It's to decide his legal guilt, says Derstine

Linda Nguyen ‏ @LindaNguyenPN
Derstine says that's why it's important that they are not "overwhelmed" by this tragedy. Jury needs to try this case dispassionately

Linda Nguyen ‏ @LindaNguyenPN
He calls #ToriStafford's death an "unspeakable tragedy" and an "unspeakable horror"

Linda Nguyen ‏ @LindaNguyenPN
Derstine reminds jurors that his following arguments is his take on the evidence and not evidence itself

Linda Nguyen ‏ @LindaNguyenPN
He tells 12-member jury that their "watching phase" is over and now they have to go into the "decision-making phase"

Linda Nguyen ‏ @LindaNguyenPN
Defence lawyer Dirk Derstine is starting his closing arguments with a thank you to the jury

 

[Oldsoul2]

Steven D'Souza ‏ @cbcsteve
Derstine on McClintic: “She is willfully, carefully and with real skill attempted and often succeeded in misleading police officers…”

Steven D'Souza ‏ @cbcsteve
Derstein: “Clearly Ms. McClintic is a prolific and accomplished liar”


Steven D'Souza ‏ @cbcsteve
Derstine on McClintic: "“The question entirely about her is her reliability and her credibility, that’s the fundamental question.”

Steven D'Souza ‏ @cbcsteve
Derstine going over direct vs. circumstantial evidence. Says not about evidence being reliable by itself, but “what does it add up to?”

Steven D'Souza ‏ @cbcsteve
Derstine: “This is not a murder mystery”, tells jury they don't have to figure out exactly what happened to reach a verdict

Steven D'Souza ‏ @cbcsteve
Derstine: “This trial is set against the backdrop of an unspeakable tragedy”. Asks jury to judge this trial dispassionately #sl


Steven D'Souza ‏ @cbcsteve
Derstine to jury: “You have a better memory than all of us together. It is your memory that prevails.”
Steven D'Souza ‏ @cbcsteve
Derstine says everyone looks at things differently and each juror will have to rely on the 11 others to make a decision

Steven D'Souza ‏ @cbcsteve
Derstine begins by thanking the jury for their service. Says they'll have to go from spectators to decision makers

Steven D'Souza ‏ @cbcsteve
Judge reminds jury that Lawyer's arguments are not evidence

Steven D'Souza ‏ @cbcsteve
Jury is in. Judge tells jury that we've now entered the argument phase. Derstine begins

If that's the case he will never see the light of day again Derstine because I know I will never forget

 

[Shasta]

RaffertyLFP: Derstine says "people like to protect themselves, to escape responsibility" she is lying to escape her own guilt

Except that, she took the max for her responsibility in the crime.

 

[robynhood]

M980_Court McClintic said "if this trial had taken place a year ago" she would have said Rafferty is the killer. But what will she say next year?

 

[Sailor Bug]

McClintic said "if this trial had taken place a year ago" she would have said Rafferty is the killer. But what will she say next year?

We're going on break for 20 minutes.

RaffertyLFP: The court takes morning break - 20 minutes

 

[Thinkzerz]

Okay, this I don't understand. How can Rafferty's credibility not be an issue but TLM's credibility be the whole basis of the defence? Just because Rafferty didn't take the stand, we are to accept everything he said in police interviews to be the truth and if it obviously wasn't, we should not read anything into his lying? What a crock!

Didn't MR lie about knowing TLM as well as he does?

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Derstine: “Over and over again what becomes plain is she’s lying because she does not want ot admit her moral culpability"


Linda Nguyen ‏ @LindaNguyenPN
The only truth from McClintic is that she killed #ToriStafford by "bashing in the little girl's head"

 

[robynhood]

M980_Court McClintic said "if this trial had taken place a year ago" she would have said Rafferty is the killer. But what will she say next year?...also said court us taking a 20 min recess!

 

[Dmman]

TLM has admitted her guilt...MR didn't even defend his innocence. I have all I can do to stomach reading the tweets. I can't wait for the crown to start.

 

[Kamille]

RaffertyLFP: Derstine says "people like to protect themselves, to escape responsibility" she is lying to escape her own guilt

"If somebody actually believes a falsehood is the truth... What are you supposed to make of that?"

Derstine says she doesn't want to admit her moral culpability. When McClintic confessed she "savagely murdered that little girl" she was...

...Not protecting herself at all. That was one of the few times. Notes her other versions should be considered lies.

RaffertyLFP: Derstine says McClintic admitted "she savagely murdered that little girl" - You should have no doubt she is actual murderer

RaffertyLFP: Derstine says statements made in other videotapes denying her guilt - weeping - just an act

RaffertyLFP: Derstine said McClintic not remorseful for murder - just that a child was involved

Once again, hearsay with no context. How would the jury know that she wasn't saying this remorsefully to her godmother if they didn't hear the tape or the godmother herself on the stand.

MOO

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Court takes 20-minute recess.

 

[Kamille]

Steven D'Souza ‏ @cbcsteve
Derstine: “Over and over again what becomes plain is she’s lying because she does not want ot admit her moral culpability"

Linda Nguyen ‏ @LindaNguyenPN
The only truth from McClintic is that she killed #ToriStafford by "bashing in the little girl's head"

Sha admitted it by confessing and accepting a first degree murder charge.
In her original story, she could have tried to plea down to accesory.

MOO

 

[Kamille]

M980_Court McClintic said "if this trial had taken place a year ago" she would have said Rafferty is the killer. But what will she say next year?

She didn't want to testify so a year ago she would have done the same thing if this was going to trial. Please.

MOO

 

[Oldsoul2]

Steven D'Souza ‏ @cbcsteve
Derstine: “Over and over again what becomes plain is she’s lying because she does not want ot admit her moral culpability"

Linda Nguyen ‏ @LindaNguyenPN
The only truth from McClintic is that she killed #ToriStafford by "bashing in the little girl's head"

Excuse me??? She testified in front of a thousands maybe hundreads of thousands of people following this case, took 25 years...and IMO admitted to the final blows which I'm still on the fence about..what has MR done besides deny every part he played in it other than cleaning up a crime..um...he didn't commit???

 

[crazyladi]

Derstine says her tears on May 19th should not mislead the jury.

RaffertyLFP: Derstine said McClintic admitted that if the trial was held year earlier she would have accused Rafferty of murder

She said, in custody, she was not remorseful for her acts, only remorseful because it was a child.

Mistake on his part for mentioning that she was only remorseful because it was a child. JMO

She said she didnt wake up knowing she was going to kill a child and she said she was remorseful because it was a child. She had no intention of killing TS, she was provoked and manipulated and lost it. But I guess she would have done that by herself anyways right? ya right

 

[robynhood]

....OMg I cannot wait ...IMO the crown will destory all this ..IMO they DID produce the evidence...IMO does the defense have amnesia ...what about the forensic proof...and who was doing TONS of lieing rafferty IMO..where is back seat of the car if he is innocence that would certain prove things????.......lets remember Rafferty;s visits to terri lynn ..wow did he ever look remorseful....OMG is all I have to say!

 

[crazyladi]

Steven D'Souza ‏ @cbcsteve
Derstine: “Over and over again what becomes plain is she’s lying because she does not want ot admit her moral culpability"


Linda Nguyen ‏ @LindaNguyenPN
The only truth from McClintic is that she killed #ToriStafford by "bashing in the little girl's head"

ummm ya, hello?? She did confess to the murder serving a 25yrs sentence for her part in the crime....... argh!!

 

[crazyladi]

Excuse me??? She testified in front of a thousands maybe hundreads of thousands of people following this case, took 25 years...and IMO admitted to the final blows which I'm still on the fence about..what has MR done besides deny every part he played in it other than cleaning up a crime..um...he didn't commit???

Totally agree I am still on the fence about that too..