Trial Thread - 9 May 2012 Judge to give Jury Instructions

[robynhood]

AveryFreeFMNews 20 minute morning break called. #Rafferty

...be back soon as My son says I better remember HIM...LMAO...and forget about tweeting so much see ya soon....bye!...I see many tweeting today also ..thanks N/T, matou and sailor!

 

[Sillybilly]

As the lawyer said today, he drove her to her death. 1st degree in my mind since she was a kidnap victim. Even if they were in a car accident and Victoria died that way I would consider it 1st degree as it would have still been during a kidnapping....Or choked on a tim bit or got bit by a poisonous snake....

First degree murder is a classification of homicide. A car accident or a choking incident while in someone else's care and control would not constitute a homicide.

 

[nursebeeme]

thank you robynhood! (and everyone else posting the tweets)

 

[~n/t~]

The jury could also view it in the exact opposite manner. He has completely had it with being accused of acts he did not do. There could be one of these thinkers in the 12. JMO MOO IMO

He had his chance to tell his side if he's innocent. Too late. He has to deal with it!! His theatrics won't help his case, IMO JMO MOO

 

[taagean]

I think that MR defence would have had a better chance if they'd skipped the one witness and opted for presenting last.

I fully agree. Even if they had a poor closing, the defense would be the last thing the jury hears and also, the defense could change a few things from listening to the prosecution's closing statement (if that is allowed - don't know if closing statements are heard by the opposition and/or judge before they are presented)

ETA: I''m glad the prosecution went last.

 

[captaincanada]

For those who are wrestling with the minute details of who could have/would have done what on April 8th, 2009. For those worrying about who might have been the driving force, who planned the abduction, whether or not Tori was targeted, what happened to the back seat, who went in to Home Depot etc. It's easy to get caught up in the technical details to prove "beyond all reasonable doubt" MR's guilt.....But, don't lose sight of one main thing: A little girl was kidnapped and disappeared that day, only to be found under a pile of rocks. There is no "doubt" about Tori being in MR's car, no "doubt" about TLM bringing her to his car, no "doubt" about MR driving little Tori to her death. Both McClintic and Rafferty were in this TOGETHER, there is no way around this. There is no excuse to thinking he was "duped". There is no doubt he knew where he was going and what he was doing when he drove down a dead end path in rural Mount Forest (his own stomping grounds.)

Anyone who thinks MR was "duped" has lost all common sense, and I surely wouldn't want them to be a juror in any trial.

The writing is on the wall. The crown has done all they could.

This monster is going down, with hopefully the maximum punishment possible. He should never see the light of day again.

 

[impatientredhead]

First degree murder is a classification of homicide. A car accident or a choking incident while in someone else's care and control would not constitute a homicide.

If someone dies while you are in the commission of a felony, which kidnapping and rape both qualify, you can be charged with homicide regardless of the actual cause of death.

 

[Oldsoul2]

I heard an interview this morning of Rodney speaking yesterday, after he left the courthouse.

His voice was filled with anxiety, IMO, and he said he couldn't take it anymore, that he felt like he was going to burst, that he needed to say something (but couldn't).

Poor guy. My heart just breaks for him and his pain.

I will be thankful and waiting patiently, and with a heavy heart, for Rodney to say what he wants to say when the Jury goes out, or whenever he is ready.

He obviously knows something more about this motif than we do.

 

[~n/t~]

They had nothing. IMO, it wouldn't have made a difference. Putting that poor lady on the stand would've been just as ineffective if Derstine went last.

 

[taagean]

He had his chance to tell his side if he's innocent. Too late. He has to deal with it!! His theatrics won't help his case, IMO JMO MOO

I agree with you but I'm always nervous of there being one or two jurors who see things differently. Hopefully, if this happens, they will be able to be convinced.

 

[brighidin]

The jury could also view it in the exact opposite manner. He has completely had it with being accused of acts he did not do. There could be one of these thinkers in the 12. JMO MOO IMO

And then they might think: why didn't he take the stand?

 

[Sailor Bug]

what do they mean when they say his battery was out??????

Mike Knoll: @guest - the battery was physically removed from the bberry.


Mike Knoll: - Rodney Stafford's mother told our photographer that Rodney won't be attending today.


is there a link to the genest detetion centre video?

Mike Knoll: - there's two amongst this group (both called Rafferty visits McClintic): http://www.lfpress.com/news/london/raffertytrial/2012/04/19/19653076.html



what does charge to the jury mean?

11:05 Mike Knoll: - from the web:

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

The opinion expressed by the court to the jury, on the law arising out of a case before them.

It should contain a clear and explicit exposition of the law, when the points of the law in dispute arise out of the facts proved on the trial of the cause but the court ought at no time to undertake to decide the facts, for these are to be decided by the jury.

source: http://www.lectlaw.com/def/c163.htm

 

[myzzy]

Good morning everyone

Thank you for the tweets today You all are doing great.

 

[Sillybilly]

If someone dies while you are in the commission of a felony, which kidnapping and rape both qualify, you can be charged with homicide regardless of the actual cause of death.

<bbm>

Yes to the bolded part, and I believe that is what i said ... but car accidents and choking incidents are not felonies.

 

[brighidin]

First-degree murder is when the killing is "planned and deliberate." In other words, where the murder was premeditated. However, some killings that aren't premeditated are still automatically first-degree, such as the killing of a police officer or when the killing takes place during the commission of a hijacking, kidnapping or sexual assault.

http://www2.canada.com/vancouversun....html?id=ffa77705-640d-4d47-9cad-729b648abbe5

Thanks for this. I think it bears repeating.

 

[~n/t~]

I agree with you but I'm always nervous of there being one or two jurors who see things differently. Hopefully, if this happens, they will be able to be convinced.

There's always that risk that one or 2 jurors may have some doubt even as I type this. However, I think when they deliberate and they can all discuss the case and whatever doubt they have will be clarified by another juror. I believe they will come to a unanimous decision and convict him.

I have faith. Victoria deserves justice.

 

[Sailor Bug]

RaffertyLFP: Jury is out while legal issues are being discussed

Jury not in the courtroom yet. Some legal discussions going on.

 

[Sailor Bug]

Jury returning now.

RaffertyLFP: Jury back Gowdey deals with Rafferty's Farcebook posting

Showing Rafferty's Facebook page.

 

[Sailor Bug]

RaffertyLFP: Gowdey noted "Everything good coming my way" posting on April 8 Says he just found partner to kidnap girl was that the reason?

Noting the "everything good" comment. Gowdey says it wasn't due to Alexis Lane, as he had broken up with her a week earlier.

Gowdey says the post may have been due to knowing he and McClintic were going to kidnap a little girl, to fulfill his sexual desires

 

[~n/t~]

Steven D'Souza &#8207; @cbcsteve
Back from break, Crown says #Rafferty's Facebook status "Everything good is comming my way" is circumstantial evidence