Trial Thread - 9 May 2012 Judge to give Jury Instructions

[CarrieBean]

<bbm>

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

I don't believe she's saying accidents and choking are felonies. What she is saying is:

If a person chokes and dies while being raped, it's first degree murder.

If a person dies in a car accident while they're being held against their will, it's first degree murder.

...because the death happened during the rape or kidnapping, which are both felonies.

Does that make sense? /

 

[Sailor Bug]

RaffertyLFP: Gowdey turns to credibility of McClintic's testimony - he says her testimony reinforces circumstantial evidence

RaffertyLFP: Gowdey admits there McClintic has two versions of events - one from earlier confession saying Rafferty killed Tori and later that she did it

Gowdey now going over more of McClintic's evidence. Assessing her credibility.

 

[~n/t~]

Avery Moore &#8207; @AveryFreeFMNews
But says if the jury accepts that #Rafferty planned the kidnapping that morning that the Facebook status could be connected.

Avery Moore &#8207; @AveryFreeFMNews
Gowdey agreess with the defence that #Rafferty's Facebook status Apr. 8 "everything good is comming my way" is circumstantial evidence.

 

[~n/t~]

Avery Moore &#8207; @AveryFreeFMNews
Gowdey says though McClintic changed her story, she said in both versions that she and #Rafferty were working together.

Avery Moore &#8207; @AveryFreeFMNews
Gowdey is now speaking to the jury about how they can use McClintic's evidence in deliberations.

 

[Sailor Bug]

RaffertyLFP: Gowdey said McClintic was full partner in the crime but her credibility in not central to Crown's case

Gowdey says McClintic's comments to police, saying they may consider the scenario that Rafferty hit Tori with the hammer.

Gowdey reminds the jury that the crown considers Rafferty and McClintic equally guilty.

 

[Sailor Bug]

RaffertyLFP: Gowdey said Derstine not interested in McClintic's testimony - he instead focused on her character and past

Derstine didn't challenge McClintic on what happened April 8th. Just on her violent history and her taste in music.

 

[~n/t~]

Laura Carney &#8207; @TheLC_75
Gowdey says only difference between her May 2009 police statement and her testimony here was who actually killed Tori.

Laura Carney &#8207; @TheLC_75
Gowdey to now take jury through McClintic's evidence.


Avery Moore &#8207; @AveryFreeFMNews
Gowdey clarifies that McClintic is guilty of kindapping, sexual assault and murder because she was party to it, #Rafferty equally as guilty.

 

[Sailor Bug]

RaffertyLFP: Gowdey said trial is about Rafferty guilt not McClintic's character "I know you will not believe everything she says - we don't ask you to"

"There is no question that she was not being totally honest with you" Gowdey says of McClintic.

But, "do believe some things she says".

 

[~n/t~]

Laura Carney &#8207; @TheLC_75
Gowdey "don't think for a moment the crown is trying to say McClintic is not guilty. The crown says they're both equally guilty."

 

[Sillybilly]

I don't believe she's saying accidents and choking are felonies. What she is saying is:

If a person chokes and dies while being raped, it's first degree murder.

If a person dies in a car accident while they're being held against their will, it's first degree murder.

...because the death happened during the rape or kidnapping, which are both felonies.

Does that make sense? /

Yes absolutely if that is what Allanae meant. I just didn't interpret their post that way. I do understand the first degree charges, just thought Allanae didn't. HTH

 

[Allanae]

<bbm>

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

But if you are driving someone away while kidnapping them that is a felony. I said if these incidents happened while being kidnapped.

 

[Sailor Bug]

RaffertyLFP: Gowdey said once McClintic confessed she was quite co-operative with police

RaffertyLFP: Gowdey said McClinitics "tragic life didn't make sense" "She didn't want to be here"

McClintic led a tragic life. Some witnesses were nervous, he says she was one of them.

 

[Sailor Bug]

RaffertyLFP: Gowdey said McClintic "not smart enough to make all this happen by herself" - nor Rafferty - they needed each other

She admitted she lied in January about some things, because she didn't want to testify.

McClintic did "try to justify what she did" Gowdey says. But, she lied to police at Rafferty's suggestion.

11:25 RaffertyLFP: Gowdey said McClintic did a poor job of explaining herself - she was evasive

 

[~n/t~]

Steven D'Souza &#8207; @cbcsteve
Crown focusing on McClintic:"Don’t believe everything she says but do believe some things she says. She’s not an innocent eyewitness"

 

[CarrieBean]

RaffertyLFP: Gowdey said McClintic was full partner in the crime but her credibility in not central to Crown's case

Gowdey says McClintic's comments to police, saying they may consider the scenario that Rafferty hit Tori with the hammer.

Gowdey reminds the jury that the crown considers Rafferty and McClintic equally guilty.

Excellent. The Jury needs to understand that the case wasn't built on her testimony alone and it wasn't built on circumstantial evidence alone. TLM may lie but there was so much circumstantial evidence to corroborate her testimony.

The main parts of her version have been corroborated and her testimony is direct evidence.

 

[~n/t~]

Steven D'Souza &#8207; @cbcsteve
Crown: Finding her (McClintic) guilty of being a horrible and violent person help you in figuring out Rafferty’s role in all of this?


Laura Carney &#8207; @TheLC_75
Gowdey says McClintic wasn't smart enough to make all this happen herself.


Linda Nguyen &#8207; @LindaNguyenPN
Gowdey now talking about Terri-Lynne McClintic. She's not a credible witness who had no reason to lie

 

[Sailor Bug]

RaffertyLFP: Gowdey said McClintic originally said it was her idea to buy the hammer later said it was Rafferty's idea - she did not want to testify

A lot of McClintic's story was driven by her lack of willingness to testify.

RaffertyLFP: Gowdey said McClintic understood "we can't just keep her and can't take her back" she knew what was going on but tried to evade reality

 

[Flowercb]

I don't think they would have had anything to add to their closing argument and Derstine knew it as someone here mentioned before. MOO.

Quoting myself, laugh out loud,....They chose to have MTR do a silent movie theatrical show from the prisoners box instead. MOO!!

 

[Sillybilly]

But if you are driving someone away while kidnapping them that is a felony. I said if these incidents happened while being kidnapped.

Thanks Allanae ... and sorry, I am guilty of having mis-read your post. Will have more coffee and wake up before barging in

 

[CarrieBean]

Yes absolutely if that is what Allanae meant. I just didn't interpret their post that way. I do understand the first degree charges, just thought Allanae didn't. HTH

I realise you understand. Was just trying to clear up some miscommunication.