Court Appearances

[maxfactor]

Here's the article from the Sentinel Review
http://www.woodstocksentinelreview.com/ArticleDisplay.aspx?e=2224441

 

[nobodyzgirl]

Looks like MR is also ready to go to trial, and his lawyer says he'll be prepared pleading not guilty (which we already knew). Now the question is, who will get their trial first. I know that TLM is scheduled for another court appearance in March, MR's next appearance is in February, though they will be discussing legal issues, wonder if one of the issues will be reducing/dropping charges.

From his lawyers statement, makes me wonder if they are planning a plea bargain, and if they don't like what they hear they will plead not guilty and take the chance they can prove reasonable doubt.

http://www.oxfordreview.com/ArticleDisplay.aspx?e=2228262

WOODSTOCK – A preliminary hearing in the Michael Rafferty case could begin in the early summer next year.

Rafferty, charged with abduction and first-degree murder, made a brief video appearance in court Friday morning.

His next video appearance is set for Feb. 17, 2010.

Crown attorney Brian Crockett said a preliminary hearing is scheduled for between June 21 and July 13, 2010.

Rafferty, 28, and Terri-Lynne McClintic, 19, were charged in connection with the disappearance of eight-year-old Victoria Stafford in April.

February's appearance is for a focus hearing, where the Crown and defence are to discuss legal issues in advance of the preliminary hearing.

After Friday's appearance, where Rafferty was remanded in custody at the Chatham Jail, a lawyer representing him said he was prepared to go to trial.

"Mr. Rafferty is prepared to plead not guilty," said Laura Giordano of the Toronto-based firm Derstine Penman.

"He will be going to trial."
Giordano asked the public to keep an open mind about the case.

"I would ask the public to be patient. This will all come out at trial," she said.

 

[Kamille]

IMO, the only defense that I see MR and his lawyers trying here is a complete not guilty defense...as in, he wasn't involved at all. They might approach it as TLM is setting him up and while he knew her, he wasn't there that day and whatever happened, maybe TLM had help but it wasn't him and she's pointing the finger at him out of anger or revenge and protecting someone else.

I don't think they are going to admit to any involvement on MR's part, what would be the point? I also don't think MR has admitted to any involvement...to anyone. Conmen and pathological liars very rarely "fess up" to anything. They'll play the con out to the bitter end. Even when confronted with the evidence that they're lying, they still never admit it. It's unlikely that he would get a lesser charge or any kind of a plea deal if he did admit to his possible role in this (which again, I don't think he ever will...to anyone) so I think they will try to argue away all the circumstantial evidence and put TLM's character in question as a reliable witness. Go for broke so to speak and hope they can get an aquittal based on reasonable doubt.

If the prosecution is relying on that video of him in the gas station as proof that he was involved, and that is the only video of him and his car that they have, then he can just say he was gassing up (if in fact he did) to go for a long drive by himself, which he apparently liked to do. So there's his alibi right there. He was out all night driving around by himself and the defense have the video of him alone getting gas to prove it.

I sincerely hope that LE have a lot more than that video and TLM's story to go on.

 

[swedie]

I think that LE was playing her with the lesser charges in order to get her to cooperate with information about Tori's whereabouts. Once she provided them with an approximate location, or way to find it, they upgraded the charges - fully having intended to do so right from the beginning.

We have to remember that LE already had the video evidence of TLM leading Tori away, after which the little girl was not seen alive again. We know what Canadian law states - that anyone involved in an abduction where a death occurs is automatically charged with First Degree Murder, regardless of who is responsible for the death. LE must have known this when TLM was initially charged.

"First degree murder is a murder which is (1) planned and deliberate, (2) contracted, (3) committed against an identified peace officer, (4) while committing or attempting to commit one of the following offences (hijacking an aircraft, sexual assault, sexual assault with a weapon, aggravated sexual assault, kidnapping and forcible confinement or hostage taking), (5) while committing criminal harassment, (6) committed during terrorist activity, (7) while using explosives in association with a criminal organization, or (8) while committing intimidation.[51]"

http://en.wikipedia.org/wiki/Murder


MOO

Thank you for this information Antiquegirl. I have been reading on some of these threads, gaining some information and I am amazed by all the work you people have done on Tori's case.

So with this information you have posted from wikipedia, if it stands correct, if the Crown can show/prove that MR was with TLM through the abduction and up until TS demize, MR will be held responsible also. I guess that would make sense, as it would show that MR was present and did nothing to deter TLM from carrying out her morbid act against TS.

I have been following another case here at WS and there is much talk about cell phone pings. Is there any of that information on this case? I know MR had a bb, but have cell phone records been exposed?

 

[antiquegirl]

Thank you for this information Antiquegirl. I have been reading on some of these threads, gaining some information and I am amazed by all the work you people have done on Tori's case.

So with this information you have posted from wikipedia, if it stands correct, if the Crown can show/prove that MR was with TLM through the abduction and up until TS demize, MR will be held responsible also. I guess that would make sense, as it would show that MR was present and did nothing to deter TLM from carrying out her morbid act against TS.

That is correct. I'm not sure, but there may be a possibility that MR can plead to 2nd degree murder, but according to the law, he didn't even have to be present for the actual murder -- if he was there for any part of the abduction, he is held accountable for Tori's death.

I have been following another case here at WS and there is much talk about cell phone pings. Is there any of that information on this case? I know MR had a bb, but have cell phone records been exposed?

To the best of my knowledge, there has been no media exposure of any evidentiary nature related to this case, including phone records.

(We can only assume that LE's revelation of MR's vehicle at the gas station and Home Depot will turn out to be evidence, but they have only asked for witnesses and have not explicitly stated that these will be used as evidence during the trial.)

 

[swedie]

Thank you Antiquegirl. I know there was much talk of his bb. I could not find anything in the media about it, but there was information (maybe rumors) that came out about repairs to it and it was the company who retreived information from his bb and turned it over to LE. LE also impounded his vehicle looking for evidence. I would believe this could be used as evidence also. If TS's DNA was found in it. It doesn't necessarily mean MR was present when TS was in his car, but it's still evidence. I guess if LE have cell pings of where he travelled that day in his car and where TS's body was found I believe that would be evidence enough to charge him with 1st degree murder. This would show he was there through the abduction right through to the murder and did not deter TLM, which would make him just as guilty.

 

[matou]

The Oxford Police released info about residents living within a 50 minute distance from Guelph to check their properties for anything suspicious. How LE got this 50 minute distance wasn't revealed to my knowledge and could possibly be linked to the use of a cell phone or video capture of the suspect vehicle somewhere. If the phone was used as a time device, then the phone was on and likely pinged out there. The drive time from the Guelph Home Depot to the location of the remains is about 57 minutes.
http://www.nationalpost.com/most-popular/story.html?id=1621086

 

[swedie]

Thank you Matou :seeya: In this day and age of technology, I bet this is exactly how LE found TS. Cell phone pings and towers. Next I bet the best evidence they have is DNA and the videos. My gut tells me that TLM's testamony isn't going to be what the jury rely solely on. Actually it would be ridiculous it they did of course, but something tells me that our modern day technology spoke volumes when solving this case. Even if it's accient technology, such as fingerprints, I would guess there were many of those left at the scence. I don't believe whoever took Tori's life thought she'd ever be found or that they would ended up suspects. JMHO.

Thank you Lord for bringing Tori home and giving her family some closure.

 

[swedie]

Oh also, I just read this article Matou, thank you, and this paragraph "to me" says so much. I want to believe that after their arrests, TLM was fully cooperating with LE and by this time she had probably told them everything that transpired. At this point in the game, why would it be to her benefit to lie? As was stated by her attorney, she was not looking for a plea deal. JMO also, she may have come to terms with her sentence by this time. Could it be, prison seemed like a better life for her, then the one she had existed in? I wonder why also, so many people seem to doubt that they were bf/gf? In this day and age, age means nothing to so many. It also says in the article that the suspects car was involved. I know that doesn't necessarily mean that he was involved, but what are the chances? Did TLM have a license? If so, how could she gain control over TS should TS start to get scared and try to flee? So many questions, answers are coming, but it still doesn't bring a beautiful innocent child back to her loving family.

Late on Tuesday night, police arrested Ms. McClintic, who lived in a ramshackle row house in Woodstock with her mother, charging her with abduction and aiding her boyfriend, Michael Thomas Rafferty, 28, who is charged with abduction and first-degree murder.

 

[swedie]

Once MR's trial starts, it will be interesting to see who will be called to give testimony. I did some reading on TS's forum over the weekend, it appears he had friends who posted on here with information about him early on. "If" they are subpoenaed, I wonder which side will call upon them? I have compiled two lists, one for the crown and one for defense. Of course we do not know for fact at this point, who will be subpoenaed, but I thought it would be interesting to see what we can come up with as potential people. Please feel free to help, I believe your insight could help. Thanks kindly sleuthers. :blowkiss:

For the Crown

-TLM
-TLM's mother
-Detective/s
-Coroner
-Forensic expert
-Digital Forensic expert
-The owner of the gas station where video surveillance was obtained
-Possible witnesses from HD/cashier
-The man seen in the school video, who appeared to be waiting for his child
-TLM's next door neighbours/Racine, MacDonald and the other woman
-TLM's friend (Karla ?) the female who MR gave a ride to and she saw something scarey in his trunk.
-MR's ex girlfriend who claimed MR stole money from her.


For the Defense

-MR's mother
-Drivenchick MR's ex girlfriend
-Wendell best friend
-Forensic expert


Any more suggestions anyone? Thank you.

 

[otto]

She was in his car, with him driving, throughout. The only thing he can argue is that he was there, but he didn't kill her. Maybe he'll say that she went into a jealous rage and he was helpless until it was too late. Would that reduce his sentence to less than 25 years, or reduce the time that he has to wait for parole eligibility?

 

[maxfactor]

She was in his car, with him driving, throughout. The only thing he can argue is that he was there, but he didn't kill her. Maybe he'll say that she went into a jealous rage and he was helpless until it was too late. Would that reduce his sentence to less than 25 years, or reduce the time that he has to wait for parole eligibility?

I fully expect that MR will try to blame this on TLM, I don't think it is going to matter to his sentence though, after all they both knew Tori was gone, they covered her up and hid her. He could have called 911 if he wanted to. I wonder if any finger prints were found on the garbage bags that were placed over Tori, or on any of her belongings. I hope so. I believe LE has a lot more evidence than we could ever know, I wouldn't be surprised if they even have the car seat. I don't see anywhere that says they are still looking for it. I think it was posted on one of the websites for LE and I can't find it now.

 

[maxfactor]

Once MR's trial starts, it will be interesting to see who will be called to give testimony. I did some reading on TS's forum over the weekend, it appears he had friends who posted on here with information about him early on. "If" they are subpoenaed, I wonder which side will call upon them? I have compiled two lists, one for the crown and one for defense. Of course we do not know for fact at this point, who will be subpoenaed, but I thought it would be interesting to see what we can come up with as potential people. Please feel free to help, I believe your insight could help. Thanks kindly sleuthers. :blowkiss:

For the Crown

-TLM
-TLM's mother
-Detective/s
-Coroner
-Forensic expert
-Digital Forensic expert
-The owner of the gas station where video surveillance was obtained
-Possible witnesses from HD/cashier
-The man seen in the school video, who appeared to be waiting for his child
-TLM's next door neighbours/Racine, MacDonald and the other woman
-TLM's friend (Karla ?) the female who MR gave a ride to and she saw something scarey in his trunk.
-MR's ex girlfriend who claimed MR stole money from her.


For the Defense

-MR's mother
-Drivenchick MR's ex girlfriend
-Wendell best friend
-Forensic expert


Any more suggestions anyone? Thank you.

I think you could add to the Crown's list the employees of the car wash in Guelph, and I think the Crown probably would have questions for MR's mother, his girlfriend and his close friends, especially regarding his car seat.

 

[dilbert]

She was in his car, with him driving, throughout. The only thing he can argue is that he was there, but he didn't kill her. Maybe he'll say that she went into a jealous rage and he was helpless until it was too late. Would that reduce his sentence to less than 25 years, or reduce the time that he has to wait for parole eligibility?

As far as I understand it, if he was with her at all that day during the time Tori was abducted, and the crown can prove that, then he cannot get a reduced sentence for any reason. In Canada, a death that occurs during a kidnapping, even if accidental, is first degree murder, which is a life sentence.

His only hope is if the crown cannot prove he was there, at all.

First degree murder now consists of 4 forms of homicide: murders that are planned and deliberate, murders of police or custodial officers killed in the line of duty, murders committed in the course of specified criminal acts (hijacking, sexual offences or kidnapping) or murders committed by a person who has been convicted of first or second degree murder. Second degree murder now constitutes all other murders.

http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=A1ARTA0003825

 

[matou]

I fully expect that MR will try to blame this on TLM, I don't think it is going to matter to his sentence though, after all they both knew Tori was gone, they covered her up and hid her. He could have called 911 if he wanted to. I wonder if any finger prints were found on the garbage bags that were placed over Tori, or on any of her belongings. I hope so. I believe LE has a lot more evidence than we could ever know, I wouldn't be surprised if they even have the car seat. I don't see anywhere that says they are still looking for it. I think it was posted on one of the websites for LE and I can't find it now.

Fingerprints on the garbage bags...good thinking! The police haven't been asking for the car seat and I think Renton was asked about it at the presser when Tori was found. He said that it would be helpful but it didn't seem to be urgent anymore by the way he responded. It could also be that LE has it. Also, the police released the info about the car 2 or 3 days after MR's arrest. It makes me think he wasn't with his car when he was arrested. JMO

 

[swedie]

Remember when LE hauled away a dumpster and they were searching lakes near Guelph? My hinky meter tells me that TLM told them that "stuff" was deposited in a dumpster and some in a lake. We have many items that could have been disposed of, such as a hammer, maybe extra garbage bags, rear car seat, Tori's clothing, her Hannah Montana bag, her coat. It was at the very same time TLM was helping LE search by helicopter, LE were searching dumpsters and lakes. I posted on another thread recently mentioning lakes and MR's car seat. If my memory serves me correctly, there was mention of butterfly earrings, her broken hairband and now I just read her Hannah Montana T-shirt were found with her remains but no mention of the other items I listed above. Dumpster and lake I bet. If so, I hope LE found all.

Edited statement of facts. Last paragraph
http://www.vancouversun.com/news/Edited+statement+facts+Tori+Stafford+case/3951650/s

Hi Otto :seeya: I still go back to the first breaking report and feel this is the way it played out. Don't forget though, this is the media's perception/info and they did not know what LE had for information at that time. They upgraded TLM's charges to give her a lengthy sentence also and because she was equally responsible in Tori's demise. It is JMO but I think MR and TLM "knew" how their sadistic crime was going to play out. JMHO

Teri Lynn McClintic is charged with abducting Stafford from her parents Tara McDonald and Rodney Stafford. She was also read charges of assisting Michael Thomas C. S. Rafferty in escaping the area.

Rafferty was read charges of having abducted Stafford, and then, in Woodstock or elsewhere in Ontario, having murdered her. McClintic was read a third charge of having been an accessory to murder after the fact.

The station also reported that “police sources” say that the girl's abduction was not a random act but being viewed as an "opportunistic crime" and Tori may have allegedly been sought for "nefarious" or sexual purposes

http://www.thewhig.com/ArticleDisplay.aspx?e=1575460&archive=true

I wonder if MR could face the dangerous offenders designation???

http://www.cbc.ca/news/canada/story/2010/10/21/f-dangerous-offender.html

 

[matou]

As far as I understand it, if he was with her at all that day during the time Tori was abducted, and the crown can prove that, then he cannot get a reduced sentence for any reason. In Canada, a death that occurs during a kidnapping, even if accidental, is first degree murder, which is a life sentence.

His only hope is if the crown cannot prove he was there, at all.



http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=A1ARTA0003825

I guess he doesn't have any hope then. JMO

 

[swedie]

I think you could add to the Crown's list the employees of the car wash in Guelph, and I think the Crown probably would have questions for MR's mother, his girlfriend and his close friends, especially regarding his car seat.

Thanks Max:seeya: You are right, the Crown will more then likely do cross examination of some/all of the defenses witnesses, just as the defense will do the same with the Crown's witnesses. I didn't add them to the list because I think we can pretty much expect that to happen.

For the Crown
-TLM
-TLM's mother
-Detective/s
-Coroner
-Forensic expert
-Digital Forensic expert
-The owner of the gas station where video surveillance was obtained
-Possible witnesses from HD/cashier
-The man seen in the school video, who appeared to be waiting for his child
-TLM's next door neighbours/Racine, MacDonald and the other woman
-TLM's friend (Karla ?) the female who MR gave a ride to and she saw something scarey in his trunk.
-MR's ex girlfriend who claimed MR stole money from her.
-employee/owner of car wash
-MR's old acquintances who talked to media about him and his possible lies.
-principal/teachers from high school
-past employer/employees

For the Defense
-MR's mother
-Drivenchick MR's ex girlfriend
-Wendell best friend
-Forensic expert

I guess I should not assume, but is DC and Wendell still "friends/girlfriend" with MR? Anyone know? If not, they could be called by the Crown. Looking for more, anyone please help.:seeya:

 

[swedie]

i find it interesting that people keep discussing the pedophile aspect of this. there have been no sexual charges, only abduction and murder.
the police have never stated this was a sexually based abduction. their words were "nefarious", and even then i don't remember that word coming out of det. renton's mouth, wasn't it a reporter?
possibly there is no evidence to prove a sexual assault occured but my opinion is that sex was not the motive here.

nefarious,who uses that word anymore?

–adjective
extremely wicked or villainous; iniquitous: a nefarious plot.

doesn't sound sexual to me.

See my post #96 Dilbert. The LE said they feel Tori was abducted for nefarious or sexual purposes. It is in that article.

 

[swedie]

[ame]http://en.wikipedia.org/wiki/Dangerous_offender[/ame]

On October 17, 2006, the Canadian government introduced legislation that would make it easier for Crown prosecutors to obtain dangerous offender designations. The proposed amendments would provide, among other things, that an offender found guilty of a third conviction of a designated violent or sexual offence must prove that he or she does not qualify as a dangerous offender.[4] (Under current legislation, the Crown must prove that the individual qualifies as a dangerous offender; the proposed amendment would reverse the onus for individuals convicted of three violent offences– they would have to prove that despite the three convictions, they do not qualify as dangerous offenders.)

So I guess MR if found guilty would not have to worry about the dangerous offenders fate. PB more than likely got it because of the numerous rapes and at least the 3 murders of KF, LM, Karla's sister.