trial thread: 3/22/2012

[nobodyzgirl]

The jury is back in. Derstine asks McClintic about her relationship with Rafferty and she says they were just seeing each other. She does however recount an instance where the two were in a pawn shop and Rafferty used her finger to test a ring size saying she could be the "lucky girl" one day. Rafferty raises his eyebrows and appears shocked in the prisoner's box.

The judge is reminding the jury that if a witness is asked a question about a statement they made and the witness says they don't remember, the answer is not evidence in the trial. McClintic has often said she doesn't recall the specifics of certain events in her past.

by Jon Hembrey 3:55 PM

 

[Kamille]

The jury is back in. Derstine asks McClintic about her relationship with Rafferty and she says they were just seeing each other. She does however recount an instance where the two were in a pawn shop and Rafferty used her finger to test a ring size saying she could be the "lucky girl" one day. Rafferty raises his eyebrows and appears shocked in the prisoner's box.

The judge is reminding the jury that if a witness is asked a question about a statement they made and the witness says they don't remember, the answer is not evidence in the trial. McClintic has often said she doesn't recall the specifics of certain events in her past.

by Jon Hembrey 3:55 PM

Is the suspect allowed to testify with facial expressions in a courtroom? I thought that was a major issue in the CA case?

 

[crazyladi]

They did both know TLM. I don't remember ever reading that any of them knew who MTR.

I think it was from way back that they used to go to the same bar. In the same bar all the time with the same drug problem I would think that they would have known of each other no?

 

[~n/t~]

Adrian Morrow ‏
Derstine sums up McClintic's story as:"Mr. Rafferty said 'let's abduct a girl' and you said 'ok, let's do that.'"

 

[BorgQueen]

While I am not surprised about TLM, her past, her letters, her violence, her lies, and her other lies, I am surprised at how close to trial this has come out.
JMO, there is a lot of improvising going on. This is going to be a long trial.

I am also at loss about WHEN she is lying. She doesn't always lie, but she sure lies a lot. It is difficult to figure out when she might be lying simply by reading what has been said.

:moo:

 

[KMouse]

It has taken her this long to come to terms with what happened and insists she is telling the truth about the death of Tori Stafford. She says she did not intend on seeing Rafferty on April 8, 2009. "When I walked down that street with that little girl, I did not know I was walking to her death," she tearfully tells the court. .

by Jon Hembrey 3:30 PM

so what did she think MR wanted a child for?

 

[nobodyzgirl]

McClintic agrees she was a pretty tough person when Tori went missing. She says she had been violent in the past, and hadn't renounced it.

Derstine asks why McClintic would just "go along with" abducting Tori. She says she didn't at first.

She says Rafferty "had a very powerful role in her life".

Derstine says she could have walked away before Tori went missing. She agrees. He asks about people she knew through OxyContin. Few had kids

"But Tara and James did," he says. She says she only met Tara twice, but James more. Maybe a dozen, Dersinte asks. "I don't know," she says.

 

[nobodyzgirl]

Derstine is asking why McClintic chose to go along with Rafferty after, according to her testimony, he said they should take a person. Why not tell him he was "crazy" given they weren't seriously dating, Derstine asks. "At that point in time, he had a very powerful role in my life," she says.

by Jon Hembrey 4:03 PM

 

[Hello_Kitty]

Well the part about making up the sexual assault might be hard for them to prove considering that TLM told them about that 2 months before they found Victoria's body...without any clothes from the waist down. So someone likely assaulted her.

And the video and phone evidence suggests that MR was with TLM the whole time. Or at least his car and phone were.

MOO

If she forgot she's the one that wielded the hammer, perhaps she also forgot she's the one that sexually assaulted Tori and that would be very hard to admit to. I hope that isn't the case ... I just can't imagine it.

 

[Sailor Bug]

Derstine sums up McClintic's story as:"Mr. Rafferty said 'let's abduct a girl' and you said 'ok, let's do that.'"

Explaining why she agreed to abduct Tori, McClintic says: "at that point in time, (Rafferty) had a very powerful role in my life."

Now Derstine is grilling McClintic on how well she knew Tara McDonald, Tori's mother, and James Goris, her stepfather.


Derstine revisits the fact McClintic's mother and Tori's had talked about breeding their dogs

Did you ever see Tori walking her dog in the area?" Derstine asks. "No, I did not," McClintic responds.

Derstine asks if, when McClintic was out walking her shih tzu, kids would stop and ask if they could pet her dog.

Derstine asks if McClintic was worried about parents being with Tori when he abducted her.

 

[nobodyzgirl]

Prior statements to police say she met James Goris a dozen times.

McClintic didn't know about the dog breeding discussion.

McClintic asked if she had ever seen Tori walking her dog. She says no.

McClintic asked if kids ever asked to pet her dog. Kids and adults did, she said.

 

[JayFriend]

How does Detective Jim Smyth pronounce his name, "Smyth" (like scythe) or "Smith"? I've heard reporters say "Smith", but that doesn't mean much. English is such an imprecise, non-phonetic language with very flexible rules.

 

[AnaTeresa]

The thing is - does it really matter if TLM was the "engine" or not? No, not really. If MR was there, he's just as culpable. Doesn't matter who struck the killing blow, who came up with the initial idea, whose sick twisted fantasy it was. If he was there, he's just as guilty as her. There's physical evidence placing him at the scene. Not sure why we're treated to this three day tapdance of TLM is a liar. She changed her story from MR killing Tori to doing so herself - most people proclaim innocence, not guilt. While its hinky, it really doesn't much matter whether she's lying or a liar, since there's evidence MR was there. The jury is going to see right through this song and dance.

 

[nobodyzgirl]

Derstine is asking why McClintic chose to go along with Rafferty after, according to her testimony, he said they should take a child. Why not tell him he was "crazy" given they weren't seriously dating, Derstine asks. "At that point in time, he had a very powerful role in my life," she says.

by Jon Hembrey edited by Jon Hembrey 4:04 PM

 

[Sailor Bug]

McClintic again denies knowing Tori and her dog. Said she picked her up at schoolyard because she was the only kid alone

McClintic tells Derstine she is easily manipulated He asks how she resisted the persistent questioning of police

McClintic says she was just doing "what I was told" when she abducted Tori. "What you chose to do," says Derstine.

"I take full responsibility for my actions, but I am not the only guilty party here today," says McClintic

 

[KMouse]

McClintic again denies knowing Tori and her dog. Said she picked her up at schoolyard because she was the only kid alone

McClintic tells Derstine she is easily manipulated He asks how she resisted the persistent questioning of police

Derstine is asking the same question over and over trying to get some kind of glimmer that she knew of Tori prior to April 8, 2009.

TLM could probably easily resist police questioning because she is street smart and has so much experience with LE.

 

[ChaChaCha]

McClintic again denies knowing Tori and her dog. Said she picked her up at schoolyard because she was the only kid alone

McClintic tells Derstine she is easily manipulated He asks how she resisted the persistent questioning of police

Oh, man, is this lawyer GOOD! Going to the fact that she could withstand police interrogation without batting an eye, is that what she is doing now? Denying that she targeted Tori???

I predict he will have TLM in a ball before he is done with her - oh, day's almost done... so it will be tomorrow ...

 

[Sailor Bug]

McClintic explains why she did it: "I tend to be influenced very easily by other people. When you have a manipulative person who is...

"...willing to take everything they know about you and use it against you...to push your buttons. You never know what to say."

 

[JayFriend]

Is the suspect allowed to testify with facial expressions in a courtroom? I thought that was a major issue in the CA case?

Probably not, but it would be up to the judge to rule on this or the Crown to draw it to the judge's attention and object. If Rafferty isn't put on the stand, it would be grossly unfair for him to send signals to the jury without getting cross-examined about it.

 

[Hello_Kitty]

McClintic again denies knowing Tori and her dog. Said she picked her up at schoolyard because she was the only kid alone

McClintic tells Derstine she is easily manipulated He asks how she resisted the persistent questioning of police

McClintic says she was just doing "what I was told" when she abducted Tori. "What you chose to do," says Derstine.

"I take full responsibility for my actions, but I am not the only guilty party here today," says McClintic

Erm ... *smirk* yeah right