GUILTY on all 3 Counts!!! Post-Verdict Thread

[otto]

Interesting that one of the grounds for appeal would be the change of venue to London, just 45 km from Woodstock. I was surprised too that the new venue was so close. I was expecting some place a lot farther. However, since this was such a big story, I don't suppose it would have been unknown anywhere in Ontario.

Victoria's abduction was known and in the news across the country. When Victoria was still missing, and the family had not yet been excluded, relatives in Alberta were interviewed by police. Whether 12 people that ignore the news are found 45 km from Woodstock or in Vancouver makes little difference.

 

[~n/t~]

LOL I see the change of venue topic was already discussed. I'm behind. :blushing:

What did Derstine expect? The trial to be held in the Yukon?

 

[BorgQueen]

Why would change of venue be cause for appeal? I thought change of venue favour the defendant. :waitasec:



http://www.theglobeandmail.com/news...ler-raffertys-lawyer-opens-up/article2431559/


I don't like Derstine. :snooty:

Derstine likely won't be handling the appeal, and that would be MR's decision (to appeal) anyway. All Derstine is doing is speculating based on his knowledge of the law.

Besides, I suspect that if MR does appeal, it isn't going to work out in his favour. But any little excuse, he will probably try.

 

[otto]

Is anyone following other cases on websleuths? Are there any other Canadian cases on here?

Matthew Huszar went missing in Vancouver at Christmas time ... unusual circumstances but no apparent connection to any other missing persons in the area. Taylor van Diest was murdered on Halloween in central BC, Matthew Foerster of Cherryville has been arrested - he has history with violent attacks on women. Cody Alan Legebokoff, of Prince George is probably one of the youngest serial killers in Canadian history. The cases are winding their way through the courts ... and Matthew Huszar could be a suicide ... though nothing to suggest this.

 

[otto]

Appealing a life sentence is pretty much the rule, not the exception. Since the Crown won on all counts, the defence has nothing to lose by appealing if Rafferty wants to. However, he'll have to do it himself unless some lawyer wants to make a name for himself pro bono, I believe. Also, the appeal would be before a panel of judges, so it's not likely to change the verdict. JMO

Everyone has the right to legal counsel ... don't they? Why wouldn't he be elligible to have a lawyer assigned through legal aid?

 

[Hello_Kitty]

Derstine likely won't be handling the appeal, and that would be MR's decision (to appeal) anyway. All Derstine is doing is speculating based on his knowledge of the law.

Besides, I suspect that if MR does appeal, it isn't going to work out in his favour. But any little excuse, he will probably try.

I agree BQ. He has nothing to lose by trying, it's not like he can get more time which is one of the risks of appealing a conviction. My family member appealed his conviction 3 times, the last at the supreme court of canada and each time got a longer sentence.

 

[BorgQueen]

I agree BQ. He has nothing to lose by trying, it's not like he can get more time which is one of the risks of appealing a conviction. My family member appealed his conviction 3 times, the last at the supreme court of canada and each time got a longer sentence.

I assume appeals are handled differently than actual court cases. Do you reckon it might be possible for him to be given additional charges (such as possession of child ... even though that evidence was inadmissible in court due to a faulty warrant... could it still be used)? I know additional charges won't give him extra time, but those charges could prevent him from getting out in the future, which is why I am curious.


Sometimes, I wish I was a lawyer so I could answer my own questions

 

[JayFriend]

Everyone has the right to legal counsel ... don't they? Why wouldn't he be elligible to have a lawyer assigned through legal aid?

So you know for a fact that prisoners get legal aid for appeals? I didn't know that. I thought I saw it mentioned here that they usually mount their own appeals, but maybe that's in the U.S. Anybody know for sure how it works in Canada?

 

[Hello_Kitty]

I assume appeals are handled differently than actual court cases. Do you reckon it might be possible for him to be given additional charges (such as possession of child ... even though that evidence was inadmissible in court due to a faulty warrant... could it still be used)? I know additional charges won't give him extra time, but those charges could prevent him from getting out in the future, which is why I am curious.


Sometimes, I wish I was a lawyer so I could answer my own questions

It's a good question BQ. But unfortunately I am not sure. Perhaps we'll find out tomorrow at his sentence hearing. Perhaps it's part of the charges.

 

[otto]

So you know for a fact that prisoners get legal aid for appeals? I didn't know that. I thought I saw it mentioned here that they usually mount their own appeals, but maybe that's in the U.S. Anybody know for sure how it works in Canada?

I think that a right to counsel is part of the charter rights ... so I don't know why someone would be denied that right if they wanted to appeal their verdict. Maybe there's some exception regarding appeals, but it sure would waste a huge amount of time if a convicted felon was in court without a lawyer to advise them of rights ... the judge would have to do it instead. I just don't see that as being part of the Canadian legal process.

 

[Hello_Kitty]

So you know for a fact that prisoners get legal aid for appeals? I didn't know that. I thought I saw it mentioned here that they usually mount their own appeals, but maybe that's in the U.S. Anybody know for sure how it works in Canada?

From what I have heard on news, if there were errors in judgement in his case, the taxpayers would pay for the appeal, otherwise he has to fund the appeal or a lawyer could certainly do it pro bono, they would have their reason for doing it pro bono.

PS I might add also that convict can represent himself at appeal if he can't afford to get a lawyer.

 

[Bravo]

I cant seem to find a report on who will be tweeting from the Courtroom tomorrow. I am sure there will be links available in the a.m. Will check then.

 

[Bravo]

No link to back this but this was my understanding. Appeal would go before panel of Judges. If granted he would either fund an Appellate Lawyer or represent himself. I suppose the pro Bono option is viable. Not sure about legal Aid supplying an Appellate Lawyer????

 

[otto]

I assume appeals are handled differently than actual court cases. Do you reckon it might be possible for him to be given additional charges (such as possession of child ... even though that evidence was inadmissible in court due to a faulty warrant... could it still be used)? I know additional charges won't give him extra time, but those charges could prevent him from getting out in the future, which is why I am curious.


Sometimes, I wish I was a lawyer so I could answer my own questions

I do not believe that it is within the rights of the Prosecution to bring additional charges regarding a specific crime three years after charges were first laid and the trial is over.

 

[otto]

From what I have heard on news, if there were errors in judgement in his case, the taxpayers would pay for the appeal, otherwise he has to fund the appeal or a lawyer could certainly do it pro bono, they would have their reason for doing it pro bono.

Except ... that an appeal can only be granted on the basis of legal errors or new evidence. Without either, there is no appeal. A lawyer would need to review the case to identify any potential legal errors and it seems to me that the right to counsel would include the possibility of having a lawyer review trial proceeding to identify any errors in judgment.

 

[JayFriend]

Hi together, I found an interesting articel:
http://mostlywater.org/what_do_you_imagine_life_maximum_security_prison_be

I am wondering if the 21 year old convicted at 18 is our TLM?

Have fun reading

Just read that. The poor babies. They need a union! :maddening:

 

[BorgQueen]

It's a good question BQ. But unfortunately I am not sure. Perhaps we'll find out tomorrow at his sentence hearing. Perhaps it's part of the charges.

I hope he is charged, or gets charged with that in addition to the three charges he has been found guilty of.

In my opinion, child should be exempt from all rights-related laws. If found, no matter how the information is obtained, it should result in the person in possession of such vile material waiving their rights, and conviction.
I understand why it was excluded as evidence in this trial (although in my opinion, it shouldn't have been!), but now that he is convicted, it should allow for additional charges.


:moo: <- I missed this cow.

 

[otto]

No link to back this but this was my understanding. Appeal would go before panel of Judges. If granted he would either fund an Appellate Lawyer or represent himself. I suppose the pro Bono option is viable. Not sure about legal Aid supplying an Appellate Lawyer????

If he wants to appeal, it seems to me that he needs a lawyer to identify legal grounds for appeal. If there are no grounds for appeal, it is dismissed and done with ... so there would be no need for a lawyer or for him to represent himself as no court would give him the time of day.

 

[BorgQueen]

I do not believe that it is within the rights of the Prosecution to bring additional charges regarding a specific crime three years after charges were first laid and the trial is over.

Oh, darn. I do believe that should have been one of the charges against him.


Thanks.

 

[otto]

Just read that. The poor babies. They need a union! :maddening:

I have no sympathy for them ... and clearly the author is confused about the reason that one of her roommates is incarcerated in max security ... it's defintely not because she is "native".

"Finally there is another young woman in jail like so many others, because she is native."

http://mostlywater.org/what_do_you_imagine_life_maximum_security_prison_be