Verdict: GUILTY!

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Crown says Defence's approach to answering jury question will mislead the jury

jury was to be brought back in, until Crown Attorney Brian Crockett stood and presented an objection.

SOMEBODY removed Tori's clothes and underwear! You don't need to see it rain when you see the puddles!

'There's a lot of hatred.' #ToriStafford's dad talks #Rafferty, new evidence and more with @Caryn_Lieberman: http://bit.ly/K97kiU #SunNews
 
I think the question is showing they are again leading to a sex assault guilty verdict. There is no DNA solid conclusive evidence of a sex assault as the body was decomposed when found,but If they think he removed the clothing and the physical evidence shows TS found without clothing, things aren't looking good for MR

I agree. Her clothing was missing below the waist and not found, so it's not like she undressed herself. Doesn't matter who of the two perps removed it, if one allowed the other to do it, they are both guilty of sexual assault. That's how I see it. Looks like we're getting somewhere!
 
To me it seems like the jury is thinking they were both there. This is good news to me.
 
There is no way a jury comprised with 9 women couldn't possibly think this child was not sexually assaulted by MR. Find 9 women on the street and ask them if a 28 year old male with his 18 year old "girlfriend" take a child, what do they think could happen if they drive to a remote field an hour and a half away....

Next time the jury comes back I suspect they will have the verdict. Likely after their dinner tonight.
 
Judge and lawyers find that jury's question is vague

Judge and lawyers are discussing how to answer the jury's question.

Jury asks: if 2 people present and 1 takes of child's clothes, are one or both guilty of sexual assault?

"the principal is guilty" says Derstine

The lawyers think the question is vague and are trying to see how they can answer the jury

They are doubting the sexual assault charge--this is not good.MOO.
 
AM980 tweet:

Crown lawyer Brian Crockett also believes clarification. Worries about misleading the jury.


Says the crown would object to this potential instruction.
 
AM980 tweet:

"Crown lawyer Michael Carnegie suggests they should ask the jury for clarity on the question. Heeney doesn't know what other person is doing."

yes, clarity would be good
 
Avery Moore ‏ @AveryFreeFMNews
#Rafferty jury was to be brought back in, until Crown Attorney Brian Crockett stood and presented an objection.

What's going on?
 
Now the jury are back in the court room. Judge to ask them to clarify the question

Judge tells jury he does not have enough information to answer the question. Sends jury back to reframe question w/ more detail.

The judge tells the jury to return to the jury room and re-write the question to explain if the second person is doing anything
 
We are now into the seventh hour of deliberations. Yesterday they deliberated for two and today consider lunch break is now just over four hours. Staying positive a guilty verdict is coming very soon.

Tahorn I brought up the gay issue some time ago because it seemed somewhat fitting to some of MR's characteristics and traits. It is possibly MR has gay tendencies but has not acted upon it or at least we haven't heard about this yet. I wonder if all the issues around his upbringing, being sent to his aunt and uncles, not getting along with his brothers, dropping out of high school, might have had a bearing on that theory. Possibly he was picked on by brothers and others about his gay lisp. So he didn't go that direction because he couldn't deal with what people would think or say. I still believe he actually disliked women and used and abused them to fill his sick sexual needs and deflect gay accusations. Again we don't know enough about his past. Maybe he did have male encounters. What's weird now is to see MR search the internet for info about transgender and she male. Something definitely off in MR's sexual orientation. Time may tell. I just find it extremely odd and bewildering MR seemed to have no male friends in his life that we've heard from or about. Even RW had a close male friend who came forward to say he was shocked after hearing of RW arrest. MOO

They weren't seeking to include searches for: "transgender," "she male," "necrophilia videos," "real rape," "best program to download child *advertiser censored*," "naked girl seazing (sic)," "seizures girl," "seizures videos," "epileptic naked," "epileptic naked attack," "real gang rape" and "peeing."

http://www.huffingtonpost.ca/2012/05/10/michael-rafferty-trial_n_1507887.html
 
Avery Moore ‏ @AveryFreeFMNews
Now the jury are back in the court room. Judge to ask them to clarify the question.
 
AM980.ca‏@AM980_Court

Jury coming in now. They will be asked to reframe the question
 
AM980.ca‏@AM980_Court

Heeney reads the question. Says court suspects jurors mean convicted, not charged.
 
Avery Moore ‏ @AveryFreeFMNews
Judge tells jury he does not have enough information to answer the question. Sends jury back to reframe question w/ more detail
 
Heeney tells jury he can't answer question, not enough information to answer. Sent them to reframe question

The 3:30 lead: Deliberations on hold at #Rafferty trial as jurors ask another question. Listen Live http://www.570news.com/

TRIAL UPDATE: #Rafferty jury now leaving courtroom to go back and rephrase question for Judge
 
Read in reverse order


AM980.ca‏@AM980_Court

Jury also has a question about wording in Heeney's charge. Asks if "not" is supposed to be in one line.



AM980.ca‏@AM980_Court

Tells jury they need more information about what the person not removing the clothing is doing. Jurors leave to rephrase.
 
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