5/15/2012--Sentencing

[Thinkzerz]

When I go online to CBC news and see that SOB face with a headline, I want to vomit, and it brings up all the anger again.

I was just thinking of Victoria yesterday, and trying to fathom, again, how those 2 evil beings could possibly have even thought of, let alone committed, those heinous acts on that sweet, innocent little girl?

Rest in Peace, Victoria. You are not forgotten sweet child.

I still can't believe he is trying for a new trial. Blows my mind. I doubt he will get it.

 

[Wondergirl]

:woohoo:

I still can't believe he is trying for a new trial. Blows my mind. I doubt he will get it.

I don't think he will get it either, simply based on the first fact, that he missed the deadline by a mile. He's a loser in jail too.

Rot behind your bars, evil one.

 

[Bravo]

I wouldn't worry. I dont believe for a N.Y. minute it will be granted. Let him waste pen and paper. Many appeal it's a moot point :moo:

 

[crazyladi]

I wouldn't worry. I dont believe for a N.Y. minute it will be granted. Let him waste pen and paper. Many appeal it's a moot point :moo:

Totally agree because he has no leg to stand on. If anything he got more rights during this trial than tori. This can't possibly be granted this trial, I will be utterly shocked. Either way about the evidence people will talk. His sexual behaviors etc. the intent was rape and he knew he wasn't bringing her back.

 

[Wondergirl]

Here is the legal aspect for the 30 day appeal rule:

TIME FOR SERVICE OF NOTICE OF APPEAL

Appeal from acquittal

• 4. (1) Where the appeal is from acquittal, the notice of appeal shall be served within thirty days after the day of the acquittal.

Appeal from conviction or sentence

• (2) Where the appeal is from conviction, sentence, or both, the notice of appeal shall be served within thirty days after the day of the sentence.

http://laws-lois.justice.gc.ca/eng/regulations/SI-93-169/page-2.html#h-6

INMATE APPEALS - EXTENSION OF TIME

26. If the notice of appeal in Form A is not served within the time limited by rule 4, the appellant shall set out in the place provided therefor in Form A the grounds for seeking an extension of time

http://laws-lois.justice.gc.ca/eng/regulations/SI-93-169/page-10.html#h-42

Form A:

http://laws-lois.justice.gc.ca/eng/regulations/SI-93-169/page-17.html#h-76

 

[Wondergirl]

If it can be proven that Rafferty utilized the phone since May 11, 2012, then his argument about why he was late filing is null and void, IMO.




*

 

[Thinkzerz]

When will we know if he is denied or not?

 

[Kamille]

If it can be proven that Rafferty utilized the phone since May 11, 2012, then his argument about why he was late filing is null and void, IMO.




*

He probably used up all his quarters calling people who were hanging up on him. :floorlaugh:

MOO

 

[flipflop]

If it can be proven that Rafferty utilized the phone since May 11, 2012, then his argument about why he was late filing is null and void, IMO.


*

Rafferty had until the end of the day Thursday (June 14th) to serve notice of an appeal, and officials with the Ontario Court of Appeal tell AM980 no such notice was received.

A motion for an order to extend the 30 day window to file an appeal notice can still be submitted at a later date, although there are no guarantees the request would be granted.

http://www.am980.ca/channels/news/local/Story.aspx?ID=1722095

perhaps he filed for an extention to the 30 day window....

 

[Bravo]

He probably used up all his quarters calling people who were hanging up on him. :floorlaugh:

MOO

That was funny. I wonder where his Mother stands? Does she still believe he is Innocent? We never heard from her in the end. I was standing a few feet away from her the day she came out of Court and gave her presser. Speaking to his Innocence. I stood and watched her and her male friend walk away to their car surrounded by press. She had her cane and it all seemed so surreal yet pathetic.

 

[Bravo]

Realistically what the heck else does Rafferty have to do with his time.

 

[Bravo]

When will we know if he is denied or not?

Not sure. I'll bet my hat he is denied and I'll bet my hat if he can appeal further he will. What's he got to lose.

 

[flipflop]

Realistically what the heck else does Rafferty have to do with his time.

Exactly, if he does get to appeal, it will give him something to do and look forward to for the next few years. Im wondering if he is going to appeal TLM's 1st story and how it was not thrown out after she said she lied.

 

[maxfactor]

Realistically what the heck else does Rafferty have to do with his time.

Teaching Paulie and Russell to dance? I'll be very surprised if he gets a new trial but from what I've heard the appeals process can drag out, I feel so bad for Tori's family.

 

[flipflop]

Rafferty appeal stuns Tori Stafford’s grandmother

“Oh my God. Are you serious? I don’t know what to say. I don’t even know what to think of it,” Doreen Graichen said when told Michael Rafferty, 31, is appealing his conviction on grounds the judge had failed to properly instruct the jury

When his 30-day deadline for appealing that conviction passed, many media reported Rafferty had decided not to appeal.

However, Ontario Court of Appeal officials explained to QMI Agency at the time that prisoners could apply for extensions of the appeal period

http://bing.search.sympatico.ca/?q=rafferty appeal&mkt=en-ca&setLang=en-CA

 

[Bravo]

Love his quote from above link
“jury failed to apprehend the evidentiary requirement to convict for first-degree murder.”
No Rafferty this Jury got it. This was not Pinellas 12. I really thought his first appeal would be based on the Standard "No change of Venue". Maybe with this one he felt "smarter" :floorlaugh:

 

[Kamille]

Those poor families having to relive this over again...


Michael Rafferty appeal stuns Tori's grandmother


The grandmother of eight-year-old Victoria “Tori” Stafford reacted with disbelief, but determination as well, Thursday at learning the girl’s killer is appealing his first-degree murder conviction.

“Oh my God. Are you serious? I don’t know what to say. I don’t even know what to think of it,” Doreen Graichen said when told Michael Rafferty, 31, is appealing his conviction on grounds the judge had failed to properly instruct the jury.

“Here we go again, the emotional roller-coaster,” Graichen said, then added she was determined not to let this last stage of the case overrun her life as it has for three years.

http://cnews.canoe.ca/CNEWS/Crime/2012/08/02/20061086.html

 

[maxfactor]

He probably used up all his quarters calling people who were hanging up on him. :floorlaugh:

MOO

:floorlaugh: I bet he was to afraid to come out of his cell to use the phone. At least I hope that's what it was.:blushing:

 

[Bravo]

Teaching Paulie and Russell to dance? I'll be very surprised if he gets a new trial but from what I've heard the appeals process can drag out, I feel so bad for Tori's family.

LMAO. What a messy tango that would be. Good thing they moved feces throwing guy. That coulda got really ugly. It is horrific for the Family. My heart goes out to them. Any Family as most do appeal.

 

[Kamille]

Okay here's the guy that didn't hang up on him...

Joseph Neuberger, a Toronto criminal defence lawyer, told the Globe that Mr. Rafferty has applied for a legal aid support. “If successful, then he has requested that I and my firm represent him, which we are prepared to do,” Mr. Neuberger said on Thursday.

http://www.theglobeandmail.com/news...viction-in-tori-stafford-case/article4459310/