Michael Rafferty Appeal?

[swedie]

Tuesday, October 18, 2016
Juror at trial of Michael Rafferty, found guilty of killing Tori Stafford, suffering PTSD, looking for compensation.

http://www.lfpress.com/2016/10/18/j...fford-suffering-ptsd-looking-for-compensation

Six more days until the monster's hearing regarding his appeal.

 

[swedie]

Wow...the video brought me to tears reflecting back on Tori's demise. I can only imagine how Tori's loved one feel having this drag on for over seven years. It's not enough they have to live with the facts Tori is gone and the horrific way she was taken, but on Monday again they will come face to face with the monster who took their precious and innocent little Tori away, torturing and tormenting her prior to viciously murdering her.

Pray, pray, pray our judicial system gets it right and ushers the evil monster back to his cell Monday slamming the door in his face saying "Nice try Ahole, you lose." I'm disgusted this hearing is even going to take place...our system is broken. The guilty are afforded too many rights while the victims get none. MOO.

http://www.lfpress.com/2016/10/18/o...odstock+Sentinel+Review#.WAbPqbzglRo.facebook

 

[Georgeo]

Wow...the video brought me to tears reflecting back on Tori's demise. I can only imagine how Tori's loved one feel having this drag on for over seven years. It's not enough they have to live with the facts Tori is gone and the horrific way she was taken, but on Monday again they will come face to face with the monster who took their precious and innocent little Tori away, torturing and tormenting her prior to viciously murdering her.

Pray, pray, pray our judicial system gets it right and ushers the evil monster back to his cell Monday slamming the door in his face saying "Nice try Ahole, you lose." I'm disgusted this hearing is even going to take place...our system is broken. The guilty are afforded too many rights while the victims get none. MOO.

http://www.lfpress.com/2016/10/18/o...odstock+Sentinel+Review#.WAbPqbzglRo.facebook

This is a total waste of time and hurtful to the family..

 

[Tealgrove]

Tuesday, October 18, 2016
Juror at trial of Michael Rafferty, found guilty of killing Tori Stafford, suffering PTSD, looking for compensation.

http://www.lfpress.com/2016/10/18/j...fford-suffering-ptsd-looking-for-compensation

Six more days until the monster's hearing regarding his appeal.

I don't know about compensation but I fully understand the need for counselling after such a heinous crime. I actually don't think it should be up to the Judge to decide if counselling is warranted. I think it just should be available period.

I was following the trial at work one day on the live blog. I happened to join in when TLM was describing what happened to Tori in the car in the field. I initially didn't understand what she was describing and then all of a sudden it hit me like a sledgehammer and I'm not sure I can describe to you how that affected me. It was so graphic and so horrible I was actually frozen in my chair and my body shook involuntarily. The shock and horror of what I was hearing was almost overwhelming to me physically and mentally. I finally was able to get up and go into the boardroom and close the door to calm myself. I have never experienced anything like that before, nor have I since. If it affected me to that extent, I can only imagine how the jurors would cope after hearing and witnessing such terrible evidence.

 

[matou]

TORONTO — The man convicted of killing eight-year-old Victoria Stafford seven years ago will ask Ontario’s top court for a new trial Monday, trying to pin the blame on his accomplice.

http://cnews.canoe.com/CNEWS/Crime/2016/10/23/22676968.html

 

[matou]

[video=youtube;Y1VslZxiKKA]https://www.youtube.com/watch?v=Y1VslZxiKKA&index=38&list=UUnsj4TU7mOQ-4l2HOaRekgA[/video]

 

[matou]

[video=youtube;hZ-mPsntiw0]https://www.youtube.com/watch?v=hZ-mPsntiw0&index=37&list=UUnsj4TU7mOQ-4l2HOaRekgA[/video]

 

[matou]

[video=youtube;SaXmPoC5hrs]https://www.youtube.com/watch?v=SaXmPoC5hrs&index=36&list=UUnsj4TU7mOQ-4l2HOaRekgA[/video]

 

[matou]

[video=youtube;pCQBYEz2l5w]https://www.youtube.com/watch?v=pCQBYEz2l5w&index=35&list=UUnsj4TU7mOQ-4l2HOaRekgA[/video]

 

[matou]

[video=youtube;YUDKNmIRedY]https://www.youtube.com/watch?v=YUDKNmIRedY&index=32&list=UUnsj4TU7mOQ-4l2HOaRekgA[/video]

 

[amis_]

Does anyone know if reporters will be allowed in the courtroom today and if they will be tweeting?

Sent from my SM-G920W8 using Tapatalk

 

[Kamille]

Momin Qureshi ‏@Momin680NEWS · 1h1 hour ago
At the Ontario Court of Appeal where Michael Rafferty, the man convicted of murdering 8 year old Tori Stafford, is asking for a new trail

Momin Qureshi ‏@Momin680NEWS · 1h1 hour ago
Tori Stafford's father Rodney Stafford, and mother Tara McDonald, are in the courtroom, along with several other family members #Stafford

Momin Qureshi ‏@Momin680NEWS · 55m55 minutes ago
Judge enters. Court is now in session.

Momin Qureshi ‏@Momin680NEWS · 51m51 minutes ago
Rafferty's lawyer telling judge he will be arguing 4 reasons he believes Rafferty deserves an appeal and retrial.

Momin Qureshi ‏@Momin680NEWS · 47m47 minutes ago
Lawyer argues jury was never instructed to consider finding Rafferty as guilty of accessory to murder after the fact. #Rafferty #Stafford

Momin Qureshi ‏@Momin680NEWS · 41m41 minutes ago
"What possible evidence is there that he simply cleaned up the body, & had nothing to do with it?" judge asks #Rafferty's lawyer #Stafford

Momin Qureshi ‏@Momin680NEWS · 37m37 minutes ago
#Rafferty's lawyer is arguing, not a problem with what the judge said, but a lack of instruction by judge in the original trail. #Stafford

Momin Qureshi ‏@Momin680NEWS · 32m32 minutes ago
As arguments are being made by Rafferty's lawyer, Tori Safford's mother and father look on. #Stafford #Rafferty

Momin Qureshi ‏@Momin680NEWS · 31m31 minutes ago
Rodney Stafford, as well as some other family members, are wearing purple, Tori Stafford's favourite colour #Stafford #Rafferty

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews · 2h2 hours ago

In Ont Court of Appeal; room full of reporters waiting for Michael #Rafferty appeal in Tori #Stafford murder conviction

Tori #Stafford's mom is in court. Clerks are fitting chairs wherever they can. Rodney Stafford, her dad, is walking in now with his family

3 Court of Appeal judges here now for #Rafferty appeal. They give media leave to tweet proceedings. @CHCHNews

Failure of trial judge to instruct jury on after-fact conduct & credibility of co-accused McClintic among reasons appeal shd be granted...

... according to #Rafferty's lawyer, speaking to judges now. Says he recognizes defense lawyers at trial did not ask for these instrux

"He certainly cleaned up after the fact, the question is why," Appeal judge asks #Rafferty lawyer, who says there are "legal errors."

Judge says #Rafferty lawyer was very skilled. Why would Rafferty clean up a murder he had nothing to do with?

An explanation of post-offense conduct was not given to the jury, #Rafferty lawyer says. Judge interrupts. That's not an alternate defense

Just because he's involved in one offense doesn't mean he's complicit in all the offenses he's charged with, #Rafferty lawyer says.

Accessory after the Fact wasn't on the indictment, so the jury couldn't have found him guilty of that, judge says. #Rafferty

The presence of #Rafferty at the murder of Tori #Stafford wasn't contested, by the questions from his lawyer at trial, lawyer says.

#Rafferty was represented by Dirk Derstine at trial in 2012; Paul Calarco is representing him at Appeal Court this morning. #Stafford

Post offense conduct could point to accessory after the fact or involvement in the murder, Calarco says, but you need instrux from judge.

Calarco is going over McClintic's lies to police. #Rafferty #Stafford #CourtofAppeal

"Nothing drives through a sense of honesty or responsibility in McClintic," Calarco says. Judge interrupts again. "This is an appeal."

Defence council had plenty of opportunity to cross examine McClintic on the stand, judge says. "Where is the error in the ruling?" #Rafferty

McClintic's mendacious police invws were recorded and shown at trial, Appeal judge says. She was cross examined, jurors watched her demeanor

"Basically she confessed to first degree murder," judge says of McClintic on the stand. "Why would she do that?" #Rafferty

Judge keeps going back to the fact #McClintic interviews were taped, and she was available for cross exam at trial. #Rafferty #Stafford

 

[Kamille]

Mark Carcasole ‏@MarkCarcGlobal · 2h2 hours ago

Outside Court of Appeal at Osgoode Hall, where Michael #Rafferty's lawyer will argue for a new trial.

#Rafferty was convicted of 1st deg murder, kidnapping & sexual assault in 2012 in death of 8-year-old #ToriStafford.

#ToriStafford's dad, Rodney, has arrived at Osgoode Hall. Wishes he didn't have to go thru this again.

Unclear at this point whether #Rafferty will appear in person at his appeal today. Last time I covered this process he appeared via video.

#ToriStafford's mom, Tara McDonald is here in court. As is her uncle Rob Stafford & other family.

As they were during trial, family and family friends of #ToriStafford wearing various shades of purple. Her favourite colour.

Court is now in session. #Rafferty is not here in person or on video. His lawyer Paul Calarco now addressing the court.

Calarco says he will be addressing 4 specific problem areas with #Rafferty's trial as he argues for an appeal.

Calarco argues there WAS evidence in #Rafferty trial that could've proved MR as only an accessory.

Calarco puts forward questions asked of TL McClintic at #Rafferty trial that suggests she drove events leading to #ToriStafford's death.

One justice tells Calarco questions don't equal evidence. Calarco says they do set the stage though. #Rafferty

"What possible evidence is there that (#Rafferty) had nothing to do with this, he just cleaned up?" Asks Justice

Same Justice points out that #Rafferty's lawyer at the time, Dirk Derstine, is a strong lawyer, even he didn't try to make that case.

Calarco says Justice Heeney erred during #Rafferty trial by not notifying jury of another possible defence.

"It's the LACK of instruction," stresses Calarco. Not the instruction actually given by #Rafferty trial judge.

One justice argues accessory after the fact was a charge/conviction that wasn't even available in this trial. #Rafferty

Calarco says he realizes that, but if jury was given option of an "accessory" defence they/some could've found #Rafferty not guilty of murdr

Calarco says lack of disputing #Rafferty's being at #ToriStafford murder was an "admission of presence, not involvement."

Calarco says Justice Heeney's charge to the jury at #Rafferty trial "failed to address all the issues here...jury has to have that option."

Calarco tracing over McClintic's various statements to police now. Says despite being warned of seriousness of of investigation, "she lies."

#Rafferty lawyer Calarco going through pages of McClintic's police statements, pointing out where he says she "lies throughout."

Calarco continues to read through McClintic's police statements. In them, she claims #Rafferty was in charge. "Distancing herself," he says.

Justice asks #Rafferty lawyer if he knows if any case law that exhibits exact same factors as case he's putting forward. Calarco answers no.

But Calarco says these factors were "not properly analyzed and ruled on." #Rafferty.

#Rafferty lawyer Paul Calarco tells court McClintic is an "unmitigated liar." Can't trust everything she says in police statements.

#Rafferty lawyer Calarco says McClintic's full 6-hr police statement should've been available for jury, but only "most damning" portion was.

 

[Kamille]

Natalie Kalata Verified account  ‏@natalie_kalata · 41m41 minutes ago

"You have to come to grips with the fact that this is an appeal.." Judge tells #Rafferty lawyer "Where's the errors in the ruling ?" he asks

Doesn't appear as though this appeal is going very well for Rafferty at the moment. :thinking:

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews · 19s19 seconds ago

#Rafferty appeal taking a break.

 

[Kamille]

https://twitter.com/MarkCarcGlobal?lang=en

Mark Carcasole ‏@MarkCarcGlobal · 2h2 hours ago

#ToriStafford's dad, Rodney, has arrived at Osgoode Hall. Wishes he didn't have to go thru this again.

***My thoughts are with Victoria's family this morning as they once again have to endure what will hopefully be the last chapter in this nightmare for them.

 

[Tealgrove]

https://twitter.com/MarkCarcGlobal?lang=en

Mark Carcasole ‏@MarkCarcGlobal · 2h2 hours ago

#ToriStafford's dad, Rodney, has arrived at Osgoode Hall. Wishes he didn't have to go thru this again.

BBM

I wish he didn't have to go through it again too. This is so brutally sad and difficult on the families. Hopefully this is the last time Tori's family will have to do this.

 

[Kamille]

Mark CarcasoleVerified account ‏@MarkCarcGlobal 12s13 seconds ago
Michael #Rafferty appeal@now back in session.

 

[Kamille]

Lisa Hepfner ‏@HefCHCHNews 41s41 seconds ago
Calarco says the #Rafferty trial judge should have warned jury about co-accused #McClintic believability

Mark CarcasoleVerified account ‏@MarkCarcGlobal 31s32 seconds ago
#Rafferty lawyer Paul Calarco says trial judge should've warned jury about McClintic's trustworthiness...

Lisa Hepfner ‏@HefCHCHNews 12s13 seconds ago
But #Rafferty's lawyer at trial asked the judge not to give the warning, Appeal judge says.

Mark CarcasoleVerified account ‏@MarkCarcGlobal 37s37 seconds ago
One justice here argues trial judge tried to but #Rafferty's trial lawyer asked him not to. "What's a judge to do?"

Lisa Hepfner ‏@HefCHCHNews 5s6 seconds ago
It should be up to the trial judge, not the lawyer, #Rafferty appeal lawyer Calarco says