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

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Defence's suggestion that Rafferty was an innocent dupe and McClintic the 'engine' are not evidence. McC didn't adopt the ideas.

Avery Moore ‏ @AveryFreeFMNews
Judge reminds the jury that the suggestions the defence made to McClintic that she denied are not evidence. Must be disregarded.

 

[otto]

LONDON, ONT.— Science took centre stage at theTori Stafford murder trial Wednesday as the Crown presented, perhaps, the single most important piece of evidence in the case: a mixed sample of DNA found from Michael Rafferty’s blue and green Goodlife Fitness gym bag.

Blood stains on the bottom surface of the bag were determined to be a mix of DNA from three people, two of those nearly certainly Rafferty and Tori, said a scientist with the Centre for Forensic Sciences in Toronto.

Rafferty can’t be excluded, Tori can’t be excluded from the sample, Jennifer McLean said in forensic lingo. She added the chance that it was from anyone other than Tori was 1 in 28 billion.

http://www.thestar.com/news/crime/ar...y-s-trial-told

That's a high probability, but not a certainty ... a bit like making an inference from the puddle on the ground.

 

[Sailor Bug]

RaffertyLFP: Heeny explains how to assess a prior statement by a witness that is different from what they say at trial

Heeney goes over about Necro, notes McClintic couldn't recall what she was listening to April 8th.

Now tells jury McClintic's lengthy criminal record can be taken into account, when considering her credibility.

RaffertyLFP: Court takes 10 minute break

10 minute break.

 

[robynhood]

RaffertyLFP Heeny explains how to assess a prior statement by a witness that is different from what they say at trial

 

[robynhood]

AM980_Court Heeney goes over about Necro, notes McClintic couldn't recall what she was listening to April 8th.

 

[~n/t~]

That's a high probability, but not a certainty ... a bit like making an inference from the puddle on the ground.

This is what was tweeted and that's why I said I'd like to see the Judge's exact quote because the way this is worded is incorrect, imo

Avery Moore ‏ @AveryFreeFMNews
Jury back. Justice Heeney clarifies that there were three DNA profiles on #Rafferty's gym bag. One could have been Tori, may not be blood.

 

[KMouse]

Steven D'Souza ‏ @cbcsteve
Defence's theory of Rafferty as innocent dupe, came out in his questions, which McClintic didn't accept so Judge says its not evidence

I am thankful this particular issue has been addressed

 

[robynhood]

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

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
forgot to mention, Rodney Stafford is back in court today. Left Tuesday midday and wasn't here on Wednesday.

 

[~n/t~]

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.

 

[robynhood]

AM980_Court Now tells jury McClintic's lengthy criminal record can be taken into account, when considering her credibility.

 

[Flossie JMO]

Steven D'Souza ‏ @cbcsteve
forgot to mention, Rodney Stafford is back in court today. Left Tuesday midday and wasn't here on Wednesday.

oh God bless Rodney, he is truly amazing imo

 

[robynhood]

RaffertyLFP Court takes 10 minute break

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Judge decides to take a 10-minute recess after explaining to jury how they can use McClintic's criminal record to judge her credibility

 

[Flowercb]

??????

Could be other bodily fluids from her sexual assault. Not meaning to be graphic here. MOO!

 

[CarrieBean]

RaffertyLFP: Heeney said "reasonable doubt" is an old concept. Doubt cannot be base on far-fetched speculation but on logic [via Twitter]

THIS is what every juror needs to understand

 

[robynhood]

LindaNguyenPN "It is your duty to raise above emotional considerations and dispassionately decide this case based solely on the evidence," says Heeney

 

[robynhood]

indaNguyenPN Judge says it is his job to help them make their decision according to the law, not tell them what decision to make #ToriStafford #Rafferty

 

[~n/t~]

Linda Nguyen ‏ @LindaNguyenPN
Heeney also explained the difference between circumstantial and direct evidence, and how to assess a witness's credibility

Linda Nguyen ‏ @LindaNguyenPN
Judge says it is his job to help them make their decision according to the law, not tell them what decision to make

Linda Nguyen ‏ @LindaNguyenPN
"It is your duty to raise above emotional considerations and dispassionately decide this case based solely on the evidence," says Heeney

Linda Nguyen ‏ @LindaNguyenPN
Ontario Superior Justice Thomas Heeney has begun his charge to the 12-member jury in the #ToriStafford trial #Rafferty

 

[Flossie JMO]

oh this is it I think, bolded by me:, and yet another reporter's spin on what was said, that's what makes it confusing imo:


But he took most of the morning questioning Centre of Forensic Sciences biologist Jennifer McLean about the limitations of DNA evidence.

On Wednesday, McLean testified DNA evidence put Tori in Rafferty's car.

You can't tell us ... whether or not, in fact, they (Rafferty and Tori) were in the car together at the same time?" Derstine asked.

"...if I find DNA from two individuals on one item, it doesn't necessarily mean it was deposited at the same time," McLean agreed.

"For all your skill and science, you cannot say how it is that various different DNA deposits came to be deposited in a different area?" Derstine also asked.

"That is correct," she said.

McLean elaborated on the DNA found from blood on a gym bag found in Rafferty's car. That DNA came from at least three people, with Rafferty one contributor and Tori a second.

But there's no way of knowing for sure if blood was the source for all the DNA found, or how many individuals were the source of the blood, McLean said

http://www.torontosun.com/2012/04/12/rafferty-trial-continues-to-probe-dna