Trial Thread 10 May 2012 - Judge's Instructions and maybe deliberations!

[Jezbel]

I very glad that they cannot entertain the drug debt theory, there was really never any proof in my eyes and now by the judges' say so, it is not evidence and cannot be considered.

MOO MOO MOO

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Judge says manslaughter can only be considered if the jury is sure beyond a reasonable doubt that McClintic swung the hammer.



UGH!

 

[robynhood]

ok I cannot deal with this decision tree stuff either....sining out from twiiter ...IMo all I want to hear is the jury is sent off to make a decision ..gotta come back when this is over...bye robynhood!

 

[Alison]

It seems confusing to us, however they have visual aides which I assume they can follow while he describes the branches on the tree. JMO

 

[nursebeeme]

I think it is used to ensure that the law is followed and to avoid the possibility that someone wants to offer a "what if" alternative theory that was not presented during testimony. That is, no one on the jury can claim that because they don't know what actually caused the death of Victoria, MR must be innocent.

are they required by law in Canada?

 

[nursebeeme]

ok I cannot deal with this decision tree stuff either....sining out from twiiter ...IMo all I want to hear is the jury is sent off to make a decision ..gotta come back when this is over...bye robynhood!

I live in the middle of the woods (literally) and as I read all the tweets on these confusing trees I am also staring out at a gazillion of them!

 

[Flowercb]

I don't doubt he'll try, but I'm not too concerned about that.

The defense doesn't have to do anything in a trial. It is up to the prosecution to prove that he did it. MOO.

 

[TopTop]

I think he is probably going down different branches of the decision tree. The analysis is different but often the conclusion is the same. Without being able to see the tree and be there is person, just reading tweets is what is confusing us. JMO

 

[Flowercb]

Avery Moore ‏ @AveryFreeFMNews
Support for defence's suggestions (that were not adopted by the witness) would need to be found in other evidence, judge says.

Try to find evidence that suggests MTR was an innocent dupe, there ain't any baby. MOO!

 

[~n/t~]

RaffertyLFP: Heeney goes over McClintic's first statement accusing Rafferty from May 24, 2009 [via Twitter]

RaffertyLFP: Court resumes Heeney recounts McClintic's evidence of Tori's murder [via Twitter]

 

[georgethecat]

re: What the heck is Judge doing?

The judge is being meticulously careful and every law-abiding citizen should thank him for it, IMO.

ETA: I don't mean to suggest that those who don't like what he's doing are *not* law-abiding citizens. But as a fan of careful, thoughtful, informed legal proceedings, I stand in awe of the care he is taking.

 

[Alison]

Makes me think of the statement can't see the forrest for the trees.

 

[jenniferleia]

re: What the heck is Judge doing?

The judge is being meticulously careful and every law-abiding citizen should thank him for it, IMO.

Love your user name! hehe

There is a descrepancy on what was said yesterday and what we understood, that is all.

We are all VERY thankful btw!

 

[Oldsoul2]

re: What the heck is Judge doing?

The judge is being meticulously careful and every law-abiding citizen should thank him for it, IMO.

ETA: I don't mean to suggest that those who don't like what he's doing are *not* law-abiding citizens. I do mean to suggest, though, that if you are a fan of careful, thoughtful, informed legal proceedings, you should stand in awe of the care he is taking.

If the judge in the CA case did this she wouldn't be walking the streets after taping her kids mouth shut and suffocating her to death IMO

 

[~n/t~]

RaffertyLFP: Heeney will next discuss "planned first degree murder" and "constructive first degree murder [via Twitter]

 

[Sailor Bug]

The jury is back in the courtroom.

Heeney will review the evidence of the murder.

Heeney going over McClintic's testimony about the killing. Also, her May 24th statement.

Now, the medical evidence.

There are two relevant paths to first degree murder in this case. Planned, and contructive.

 

[~n/t~]

Makes me think of the statement can't see the forrest for the trees.

 

[Sailor Bug]

RaffertyLFP: Court resumes Heeney recounts McClintic's evidence of Tori's murder

RaffertyLFP: Heeney goes over McClintic's first statement accusing Rafferty from May 24, 2009

RaffertyLFP: Heeney will next discuss "planned first degree murder" and "constructive first degree murder

The crown must prove the murder was deliberate and planned for the first path.

Judge says manslaughter can only be considered if the jury is sure beyond a reasonable doubt that McClintic swung the hammer.

 

[nursebeeme]

re: What the heck is Judge doing?

The judge is being meticulously careful and every law-abiding citizen should thank him for it, IMO.

ETA: I don't mean to suggest that those who don't like what he's doing are *not* law-abiding citizens. I do mean to suggest, though, that if you are a fan of careful, thoughtful, informed legal proceedings, you should stand in awe of the care he is taking.

oh I thank him for it! (but following it by tweet is no easy feat!)

 

[Sailor Bug]

RaffertyLFP: Heeney explains how planned murders are different from spontaneous unplanned murders

RaffertyLFP: Heeney said it did not have to be Rafferty's plan if he "knew about and adopted" the plan he is guilty

Heeney gives the legal definitions of planning and deliberate.

Justice Heeney still describing for the jury the process of using the extensive 'decision trees' provided for deliberations

Justice Heeney defining for the jury what a 'deliberate act' involves