Trial Thread - 9 May 2012 Judge to give Jury Instructions

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AM980.ca ‏ @AM980_Court
On the 401, she said Rafferty said "you know I'm going to **** her right?" Crown says McClintic knew what would happen, Tori would be killed

I don't get it. Didn't she take a child for MR to rape in the first place?

My thinking on this is that MR told TLM he wanted a girl... not explicitly saying what for, just get him a girl... and that once he had Tori in the back seat, he said to TLM "you know I'm going to **** her right?" JMO, HTH

ETA - and sadly, this is a scene that just sickens me... him getting off on telling TLM that he's going to **** her, with poor Tori cowering in the back seat under a coat, frightened beyond words. I know that many worse things happened that day, but for some reason, him gloating over what's to come... with that poor child trapped there, listening and TLM hoping she'd done what would 'earn' his love and approval - it is all just stomach turning. Evil, evil, evil.
 
AM980.ca ‏ @AM980_Court
On the 401, she said Rafferty said "you know I'm going to **** her right?"

The fear Tori must have had after hearing that. She would be of the age where she knew a bad word was used but wouldn't know what exactly it meant.
Then to think MR began masturbating while driving down the isolated road. I doubt he zipped himself up before getting Tori out of the back seat. How horrible for this little girl to see a half naked man.
 
11:56 Mike Knoll: morning upate from Hank Daniszewski:

Michael Rafferty was at “the top of his game” in the days after Tori Stafford’s murder, keeping girlfriend Terri-Lynne McClinitc “onside” by visiting her behind bars.

“He had her right where he wanted her in the palm of his hand,” Crown attorney Kevin Gowdey said Wednesday, day two of his final argument to convict Rafferty for the 2009 murder of eight-year-old Victoria (Tori) Stafford.

But Gowdey said that all changed after May 15 when he was interviewed by police.

Worried “the net was closing,” Rafferty bought hair dye, replaced his smartphone, looked for a replacement for the back seat of his car and the Puma shoes he wore April 8, the day the Woodstock girl vanished on her way home from school.

Rafferty, 31, has pleaded not guilty to first-degree murder, kidnapping and sexual assault causing bodily harm. McClintic, 21, his former girlfriend, pleaded guilty to first-degree murder and was sentenced to life in prison in April 2010.

Going over Rafferty’s phone records on the day Tori disappeared, Gowdey noted it was not used around 7 pm because that would have been when Rafferty was raping and murdering the girl, but the chatty calls to girlfriends resumed an hour later. “He never skipped a beat.”

He also steered jurors to the eight and a half minutes of surveillance video of Rafferty’s car sitting in the Home Depot parking lot while McClintic shopped inside.

“Just think of what Tori endured sitting there” alone with Rafferty, the Crown attorney said, “tired . . . hungry . . . terrified.”

Gowdey’s final argument continues today
 
Sounds like he was making sure she knew he meant it. Or maybe he was excited and bragging about it.

Saying it made it more of a reality to them both and probably excited the <modsnip> and prepared TLM to help him. MOO.
 
The Crown is telling the jury that MTR panicked after his May 15 interview with LE and one of his attempts at covering his tracks was getting a new phone.

AM980.ca&#8207;@AM980_Court
Gowdey now focusing on the May 15th weekend. He was interviewed by police on the 15th. Then started covering his tracks.

AM980.ca&#8207;@AM980_Court
He went to an auto wreckers yard, exchanged his blackberry.

London Free Press&#8207;@RaffertyLFP
Gowdey said Rafferty was panicking after police visit wanted to switch Blackberry, shoes, replacement back seat and looked for rental car

And yet, we have previous testimony by a Bell representative that it was before the interview that MTR got a new phone.

On May 14 he went to a Bell store to get a new BlackBerry, telling the sales associate that the battery wasn't lasting very long and he was having trouble with his chargers, court heard.

http://www.ctv.ca/CTVNews/Canada/20...ear-additional-evidence-120417/#ixzz1uNypautR

London Free Press&#8207;@RaffertyLFP
Brady said Bell employees told him that Rafferty was customer at Masonville store on May 14th

London Free Press&#8207;@RaffertyLFP
Brady talked to Masonville employee who sold Rafferty a phone on May 14 2009. Employee said Rafferty complained, wanted new one

I have found many inconsistencies, contradictions, and mistakes in this closing argument. Is the Crown deliberately trying to mislead the jury?

MOO MOO MOO
 
RaffertyLFP: Jury coming back in

The jury has returned.

RaffertyLFP: Gowdey tells jury it may be hard to sort out which version of McClintic's story to accept
 
RaffertyLFP: In her testimony at trial McClintic said she could not accept at first that she had killed Tori "what I wanted to believe"

RaffertyLFP: Gowdey points out that McClintic specified three hits with hammer at trial but said she didn't know how many in earlier statement

McClintic, on the stand, was adamant she killed Tori, but she could have corrected herself many times previous.

McClintic said she couldn't accept she killed Tori herself, so she lied to police. Gowdey suggests she may have told the truth.
 
McClintic said, at the time, she didn't know how many times Rafferty hit Tori with the hammer. Gowdey says the person who hit her would know

RaffertyLFP: Gowdey points out McClintic's vague confused testimony at trial about why she implicated Rafferty

RaffertyLFP: Court see a video of the May 24th confession where she says Rafferty did the actual killing
 
The Crown is telling the jury that MTR panicked after his May 15 interview with LE and one of his attempts at covering his tracks was getting a new phone.







And yet, we have previous testimony by a Bell representative that it was before the interview that MTR got a new phone.



http://www.ctv.ca/CTVNews/Canada/20...ear-additional-evidence-120417/#ixzz1uNypautR





I have found many inconsistencies, contradictions, and mistakes in this closing argument. Is the Crown deliberately trying to mislead the jury?

MOO MOO MOO

the closing argument is not evidence.
 
McClintic said, at the time, she didn't know how many times Rafferty hit Tori with the hammer. Gowdey says the person who hit her would know

RaffertyLFP: Gowdey points out McClintic's vague confused testimony at trial about why she implicated Rafferty

Thanks for posting the tweets! :eek:)

ETA: Thanks to everyone for posting them!!
 
Avery Moore &#8207; @AveryFreeFMNews
Crown asks jury if it makes sense that McClintic would decide to say she was the one that killed Tori in Jan. 2012.

Avery Moore &#8207; @AveryFreeFMNews
Gowdey says McClintic had many opportunities to confess that she, no #Rafferty, killed Tori Stafford... but she didn't. Why change now?
 
McClintic said on the stand Tori was hit three times.

Showing the May 24th Jim Smyth interview with McClintic again. Gowdey says the clip in 10 minutes long.

RaffertyLFP: McClintis is extremely distraught and weeping in the video
 
RaffertyLFP: Gowdey resumes - talking about Rafferty's connections to Wellington County

Gowdey tells the jury he'll take up "much" of today with the rest of his closing,

Rodney Stafford's family tells media that Tori's dad won't be coming to court today. Family says he's completely "saturated."

Now going over Rafferty's connection to the Mount Forest area.

he looked soooo tired and stressed in some of the press interviews. This is soooo wrong what these people have had to endure. MOO
 
Laura Carney &#8207; @TheLC_75
Jury being shown again McClintic's interview with police on May 24/09.
 
Laura Carney&#8207;@TheLC_75
Gowdey says only difference between her May 2009 police statement and her testimony here was who actually killed Tori.

According to previously-heard evidence, this is simply not true. At the very least, TLM also changed her version as to whose idea it was to purchase the hammer and garbage bags.

London Free Press&#8207;@RaffertyLFP
Gowdey said McClintic did not block the events from her memory She is now stepping up and saying "we did it"

And yet, in previous in testimony (evidence) by TLM, she claimed that she did. So, was this another lie, or is Gowdey trying to minimize the number of lies she actually told?

It seems to me that the Crown wants the jury to do exactly what <modsnip> JMO
 
As with the last time this video was played, audio quality is poor on the 6th floor. Difficult to hear.

RaffertyLFP: In the video police officer asks "so you guys are in this together" McClintic says "yeah"
 
the closing argument is not evidence.

Exactly.

Not clear why the OP would automatically assume the crown is deliberately trying to mislead. I would presume it is a tweeting error. I can't imagine how hard it is to type all the tweets all day long. Yikes! A few errors/typos here and there aren't really that big of a deal and we don't know what exactly is being said in court.
 
I have found many inconsistencies, contradictions, and mistakes in this closing argument. Is the Crown deliberately trying to mislead the jury?

MOO MOO MOO
<rsbm>

There may be some inconsistencies because the closing argument is a summary of their position, not specific evidence being introduced. I think the blackberry was thrown in when summarizing the various attempts to evade LE, not just those that occurred after May 15. Or, being human, the Crown screwed up in the re-telling .. the evidence the jurors have in deliberation will speak for itself.

JMO
 
It seems to me that the Crown wants the jury to ...

JMO
SNB
So? I don't think it is a secret. They have said it before that she is a liar, but not everything she said is a lie. They are asking the jury to accept the things she said that matches with the other evidence. It isn't black or white - either disregard or accept everything word for word she said. I didn't think this was a new revelation.

imo
 
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