Michael Rafferty Appeal?

[Kamille]

Well, he does have grounds for appeal, since the judges instructions to the jury were faulty (see the opinion of an appeals court judge here). Looking at a summary of the court proceedings (here), a reasonable argument could be made that the prime perp was McClintic. She said so in court, and there was not really evidence to the contrary, so it should have been included in the instructions to the jury as a possible finding. So there is a point of law which needs to be clarified even if the effective outcome would be similar.

I am not sure what difference it would make though, since even if the court found McClintic as the primary mover, Rafferty would still be facing a life sentence anyway for his role. That is most likely the reason why legal aid groups are not interested in funding his appeals. Rafferty's motivation in pressing for the appeal is not to reduce the sentence, but rather make it possible for eventual parole someday, something that would be pretty unlikely if he is convicted as the primary mover in the case.

Well the grounds look pretty shaky but now I am curious as to whether PC is working on it. There has been nothing to indicate that he is and is being paid by the taxpayers to do so.

http://london.ctvnews.ca/polopoly_fs/1.1583513!/httpFile/file.pdf

 

[Manny1971]

Well the grounds look pretty shaky but now I am curious as to whether PC is working on it. There has been nothing to indicate that he is and is being paid by the taxpayers to do so.

http://london.ctvnews.ca/polopoly_fs/1.1583513!/httpFile/file.pdf

Thanks, Kamille. I agree with you. If I may be so blunt, and MOO, this consideration for appeal for this %100, complete and utter is a joke that stopped being funny a long time ago and is simply ridiculous. The appeal and consideration for it, a crime itself. Again, MOO. I'm not going to debate the practices of the law and hide behind vapid insinuations concerning the conduct of the court - that waste of time, precious energy, meaningless and misguided task is all theirs - but I ask the appeal board/lawyers(had to spit after I typed that), to consider this when they're not hiding behind their legal mumbo-jumbo/cash-grab tactics - what if it were your little girl that was the victim? This is right where he belongs and maybe these who choose to represent him should join him. MOO!

 

[Hello_Kitty]

I guess no news is good new Thinking about Tori and her family all the time.

 

[Manny1971]

I guess no news is good new Thinking about Tori and her family all the time.

I too, check daily for news - Every. Single. Day. I looked back on some of the heart-breaking trial threads, had to stop, and then decided it would be best to simply contact the appeal lawyer, Paul Calarco directly. I'll let you know if I receive a reply.

Until then, to Tori's family and loved ones - stay strong and know, that for what it's worth, we are here and our prayers are with you - always! To beautiful little Tori - from wherever you may be watching - I, like many others here, never even met you,.... but your tragic end haunts us and we will never forget!

 

[JayFriend]

Michael Rafferty appeal takes slow road

http://www.lfpress.com/2015/04/13/michael-rafferty-appeal-takes-slow-road

 

[Kamille]

Well there's your answer Manny1971. PC is continuing to "work" on MR's appeal, albeit very slowly. Could be a combination of he's got better things to do and he can't find any solid appeal issues worth bringing forward. I think he regrets getting involved in this. I believe his only intent was to make sure MR was able to get paid counsel. I don't think he intended for it to be him. :giggle:

MOO

 

[Manny1971]

Quite possibly true. Still makes my blood boil.

 

[thesiren]

I have not read through all these threads but my husband is from Woodstock and his parents and much of his extended family are still there, so I remember the case very well.

What ended up being the motive? Was she taken due to drug money owed?

This was a very surprising case for me seeing how quiet Woodstock is. I grew up in a major American city so Woodstock is a bit of a culture shock to me.

 

[Kamille]

I have not read through all these threads but my husband is from Woodstock and his parents and much of his extended family are still there, so I remember the case very well.

What ended up being the motive? Was she taken due to drug money owed?

This was a very surprising case for me seeing how quiet Woodstock is. I grew up in a major American city so Woodstock is a bit of a culture shock to me.

She was taken because Michael Rafferty is a pedophile who fantasized about kidnapping and raping a young female child as evidenced by the computer full of child in his possession. He was assisted by a young woman, Terry Lynne McClintic, who was no stranger to sexual abuse and violence and was easily coerced into helping him out with this fantasy. She was murdered because either one or both of them decided that this was neccessary to cover the crime.

MOO

 

[Sillybilly]

Well, he does have grounds for appeal, since the judges instructions to the jury were faulty (see the opinion of an appeals court judge here). Looking at a summary of the court proceedings (here), a reasonable argument could be made that the prime perp was McClintic. She said so in court, and there was not really evidence to the contrary, so it should have been included in the instructions to the jury as a possible finding. So there is a point of law which needs to be clarified even if the effective outcome would be similar.

I am not sure what difference it would make though, since even if the court found McClintic as the primary mover, Rafferty would still be facing a life sentence anyway for his role. That is most likely the reason why legal aid groups are not interested in funding his appeals. Rafferty's motivation in pressing for the appeal is not to reduce the sentence, but rather make it possible for eventual parole someday, something that would be pretty unlikely if he is convicted as the primary mover in the case.

I don't see how MR can be simply an accessory after the fact when he was there at the time Tori was killed (regardless of who the primary perp was) and both perps were party to the forcible confinement that preceded the murder. The forcible confinement aspect qualifies the 1st degree murder charge, so he still would not be eligible to apply for parole before his 25 years is up.

 

[amis_]

I don't see how MR can be simply an accessory after the fact when he was there at the time Tori was killed (regardless of who the primary perp was) and both perps were party to the forcible confinement that preceded the murder. The forcible confinement aspect qualifies the 1st degree murder charge, so he still would not be eligible to apply for parole before his 25 years is up.

I don't get this either. Was MTR ever classified as a dangerous offender? If so, I wonder if he is trying to get the dangerous offender removed so he is able to apply for parole down the road.


Is it just me or is this taking so long to find out whats going on with the appeal?

 

[swedie]

The received his leave of appeal November 2012. It's now three years later and nothing. Unless they chose the December 2013, date...still that's two months shy of two years. According to the Ontario Court of Appeal’s annual reports it's an average of 14 months. We should be hearing something very soon or perhaps PC is sitting back, chuckling about his client's fantasy of a new trial. Those wheels of justice do run slow. MOO.

From the linked article dated: Monday, April 13, 2015.

Rafferty received leave to appeal in November 2012, but his attempt became mired for more than a year in arguments over who would pay for his lawyer and what level of legal representation he would receive.

In December 2013, Ontario’s court of appeal ruled the province should pay for a lawyer because of the complexities of the case and merits of the appeal.

Criminal cases take on average 14 months to go from the time leave to appeal is granted to the time the appeal is ready for a court date, .

Whatever date is chosen in Rafferty’s case, either the November 2012 leave to appeal or December 2013 ruling granting him a lawyer, his case has already surpassed the average timeframe.

http://www.lfpress.com/2015/04/13/michael-rafferty-appeal-takes-slow-road

 

[swedie]

I don't get this either. Was MTR ever classified as a dangerous offender? If so, I wonder if he is trying to get the dangerous offender removed so he is able to apply for parole down the road.


Is it just me or is this taking so long to find out whats going on with the appeal?

As far as the being classified a dangerous offender, that information has not come out in the MSM. Unfortunately I don't think he carries that title. He deserves it, but that's JMO. He has no chance of parole until May 19, 2034...unless granted a new trial. I don't think it's going to happen thought, again JMO.

 

[amis_]

As far as the being classified a dangerous offender, that information has not come out in the MSM. Unfortunately I don't think he carries that title. He deserves it, but that's JMO. He has no chance of parole until May 19, 2034...unless granted a new trial. I don't think it's going to happen thought, again JMO.

I completely agree he deserves it. Unfortunately I think you're right and he doesn't hold that title. If he is granted a new trial.....I don't even have words.

 

[Hello_Kitty]

As far as the being classified a dangerous offender, that information has not come out in the MSM. Unfortunately I don't think he carries that title. He deserves it, but that's JMO. He has no chance of parole until May 19, 2034...unless granted a new trial. I don't think it's going to happen thought, again JMO.

He was never classified as a dangerous offender because he killed only 1 person. Google the criteria for someone being classified a dangerous offender in Canada.

 

[swedie]

He was never classified as a dangerous offender because he killed only 1 person. Google the criteria for someone being classified a dangerous offender in Canada.

Too bad some of that evidence showing how evil he is couldn't have been used against him to earn him the title of a dangerous offender. Maybe when it comes time for parole, the parole board will give it consideration. He's evil and rotten to the core and always will be. MOO.

- Rafferty “joked” with girlfriends via e-mails that he’d like their young children as gifts. One woman texts him that she has 2-year-old twin daughters. “lol, can I have one?” he texts back. To another, he admits he’d like to do “bad dirty stuff ... things that some ppl would really take offence to.” And, to yet another, he says he would like “ur first born” but “i cant say what i would like.”

— Some of his girlfriends told police he exhibited strange behaviour toward their children.

— A London woman told police in January 2009 that Rafferty drugged her glass of wine while they watched a movie at her place. He tied her hands behind her back, choked her and forced to have anal sex. Police determined the sex was not consensual, but the matter did not go to court.

— His interest in child extended back at least to 2006. A hard drive from an old computer found in Rafferty’s house contained nine child videos, “some with an outwardly coercive element,” police reports say.

— He was also interested in adult and bestiality and necrophilia websites, including some that showed “apparently deceased bodies left in rural areas,” police say. One image was of a dead woman in a field with no clothing from the waist down.

http://www.torontosun.com/2012/05/10/judge-gives-rafferty-jurors-their-final-instructions

 

[Hello_Kitty]

Yeah unfortunately because LE didn't do its job and request a warrant for the computer, otherwise that evidence would have been shown in court.

 

[Hello_Kitty]

Thinking about Tori a lot this Christmas. I do hope there is some news soon that he will be denied his appeal, or that there is no grounds for it. It must be gut-wrenching for Tori's family to go through this crap in slow motion. I'm sure I can speak for everyone here who followed Tori's case that we are praying there is an end to this soon so that her family can go forward knowing the will pay for his crime as he should by spending the next 25 years in solitary confinement, if it were up to me he would rot and die in there.

Stay strong Tori's family!

 

[Hello_Kitty]

I found this news article from a couple years ago, not sure it was ever posted. It's about that lawyer Calarco who says he will not be the one representing MR. Perhaps he's having a hard time finding a lawyer.

http://www.brantfordexpositor.ca/20...tafford-has-court-date-adjourned-to-august-12

 

[Kamille]

I found this news article from a couple years ago, not sure it was ever posted. It's about that lawyer Calarco who says he will not be the one representing MR. Perhaps he's having a hard time finding a lawyer.

http://www.brantfordexpositor.ca/20...tafford-has-court-date-adjourned-to-august-12

Calarco was not representing him as an appeals attorney at the time of that article, he was only representing him in trying to secure funding for one. He is now supposedly working on the appeal, or at least was as of April 2015.

http://www.lfpress.com/2015/04/13/michael-rafferty-appeal-takes-slow-road