Trial Thread 4/26/2012

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  • #441
Sorry for such a long post but IMHO I believe now that the defense will be up next on Tuesday, May 1/12, (as the Crown has rested) I thought it would be helpful/useful to see what Derstine established during his cross examination of the Crown's witnesses. I have compiled all the cross examinations in totality by D. Derstine in MR's trial, for anyone interested in seeing the defense's questioning of witnesses. All my information was taken from LFP tweets accompanied by my editing. HTH

Dirk Derstine cross-examines Griffin-Murrell, Tori's teacher whether Tori was wearing earrings when she left.

Derstine only asks one question in cross of Det. R. Brocanier. Do you have any special expertise in examining videos? Det. R. Brocanier says no.

Perry witness waiting for her children at the top of the hill. Derstine asks if there was any interaction between woman in white coat and Tori, she says no. Perry said she was concerned about the white coat woman, "She was different. She was someone I never saw at the school".

Tara Tori's mother. Dirk Derstine asks why moved her kids farther away from school. Tara said her son was supposed to walk Tori home from school. Tara said it was Tori's first time walking back from school to her new house. Tara said she went looking for Tori around 4:30 p.m. after Goris returned from cashing the GST rebate cheque. Tara said she talked to Tori about not talking to strangers. Cross-examination of Tori's mom is over.

Cross examination of TLM. Defence lawyer playing Necro song. Lyrics- "When it comes to inflicting pain I am creative." More Necro lyrics - " I got a garbage bag with your name written on it." Another Necro song "Dead body disposal" played for jury. McClintic said she wasn't listening to song when she walked up to school day Tori Stafford abducted. McClintic said she listened to Necro when she was angry. Next song to be played "No remorse." Lawyer Dirk Derstine questioning McClintic on instructions she was given by Rafferty on what to say after Tori's death. Derstine suggests McClintic had ample opportunity to walk away with Tori after the abduction. "In my mind I was not going to let anything bad happen. I thought I would protect her." McClintic questioned about buying hammer and garbage bags at Home Depot. McClintic continues to maintain she did not know Tori before her abduction. Derstine tells McClintic it was her idea alone to buy hammer and garbage bags. "You are mistaken," she replied. Derstine suggests that McClintic offered Tori to Rafferty and he rejected the offer. McClintic says she strongly disagrees. Derstine suggests Rafferty wasn't present for the killing and was horrified when he saw what happened. McClintic says that is wrong. McClintic questioned about script written by her on what she would say if questioned by police. She maintains the script was from Rafferty, not her ideas. McClintic referred to police interview where she said the script was her ideas. Said that was wrong. Explaining conflicting versions, a number of times McClintic has said she can't explain how her mind works. McClintic being questioned about entries in her journal in April 2009. In journal she writes she is ready to snap. Lots of profanity. "I am getting f----- blood thirsty again." McClintic says she was struggling with emotional issues at time. Derstine asks McClintic about altercation she had with another inmate on Jan. 31 of this year. Agreed she kicked and stomped other inmate who was on the ground in a fetal position. Remembers telling Godmother that her only regret was the killing involved a young kid. Otherwise could do it again. Also told godmother during visit that she had microwaved one of her pet dogs as a kid. Concocted story at time to cover it. "I was a child. I didn't know what I was doing," McClintic said. McClintic excused as a witness, ending her testimony in the trial.

B. Armstrong. Derstine asks how much they chatted when she sold him the Percocets. She said nothing unusual that day.

Det. Constable D. Vittie. Derstine suggest that McClintic does not look upset or hesitant as she walks thru store, Vittie agrees.

Det. Scoyne. Derstine suggests that jerky video may make people seem to be walking faster than they are. Questioned about diagram of scene where remains found. Scoyne questioned about size of rock pile, location of fences by defense lawyer Dirk Derstine. Topography of area around rock pile discussed, sight lines. Scoyne questioned about the visibility of silos from the rock pile area. Scoyne shown diagram that Terri-Lynne McClintic made to help police find remains of Tori Stafford. Asked again about what silos could be seen from the crime scene.

Dr. Michael Pollanen. Pollanen agrees very substantial force was applied to the head. Blunt force can cause bleeding, he said. Pollanen agrees bleeding can occur after death in some cases. "I can't determine the volume of blood that was lost in this case." Injuries to head would have caused death by selves, nothing could have saved her from the head injuries, Pollanen agrees. Pollanen repeats that the medical evidence is silent on whether there was a sexual assault. Pollanen agrees medical evidence also silent on who inflicted injuries on Tori Stafford.

Stirling is an OPP sergeant and ERT coordinator. Derstine asking about topographical map of crime scene. Derstine and Stirling disagreeing how steep the walk would be from the stone pile east to a tree line. Stirling says it would not be a steep grade.

Butler is an identification constable; talking about the process of admitting prisoners into Woodstock police station. Butler participated in 'drive-along tours' with Terri-Lynne McClintic. Derstine lists 15 public schools; Butler done on the stand.


Scoyne; Dirk Derstine starts questioning letters read in court yesterday found in McClintic's home. Derstine asking about gang slang found in letters; now showing an image from McClintic's facebook page. Derstine asking Scoyne about the music McClintic says she likes on her facebook page; Derstine asks about untitled songs on iPod. Derstine wants to know the top 10 most frequently played song on the iPod; #1 "Baby Bash" by Sean Kingston... #2 is a Necro song. Court sees lyric sheet and is hearing the song "Your ****in' Head Split" by Necro. Derstine now playing the song "Most Sadistic" by Necro. Derstine confirms these songs are highly played on McClintic's iPod and ends cross-examination.

Scoyne back on stand. Derstine says there is no dispute that this Civic belonged to Rafferty. Derstine begins by asking Scoyne how longer the hammer was in the trunk of Rafferty's car. Scoyne says no way of telling. Now Derstine calls up surveillance photo of Raffety's car previously submitted of evidence; he observers that the white dash is visible.

Crown is reading point of admission into record having to do with an exchange between officers and Rafferty night of arrest. Rafferty asked officers for drugs and said he takes Oxy and Percocet; Rafferty rolls eyes during admission.

Barbara Doupe is an expert in examining hair and textile evidence. Doupe is a Western grad and lectured at Brescia. Derstine asks McLean if it is likely that DNA would be found on objects that people routinely handle. McLean agrees with Derstine that DNA can be indirectly transferred from one object to another McLean agrees with Derstine that only a small amount of blood is needed to generate DNA. Court is shown blood stain on door moulding near rear passenger seat in Rafferty's car. Derstine said there was sperm fraction in the blood spot but it does not mean it came from semen, McLean agrees. McLean tells Derstine there are technical problems in determining whether male DNA found in some samples is actually from semen. Court is shown photo of Goodlife Fitness bag. Derstine asks about size of the blood stain McLean said it is "a fraction of millimetre". There were several sources of DNA in the blood stain McLean said blood was one source but there could have been other sources. Derstine presents McLean with different scenarios for mixed DNA sample. Derstine suggests different scenario for DNA deposits on gym bag, all three at once, one at a time two plus one etc. McLean agrees there are more than a dozen ways that DNA from three people could have ended up in one deposit. Derstine asks McLean about washing the "Shaq" shoes - how much washing would eliminate DNA? Derstine asks if soap and water washing would eliminate DNA from shoes? McLean agrees it could. Derstine asked about blond hairs on pea coat. McLean repeats that Stafford was excluded from one of the hairs from coat that was tested. Derstine shifts focus to attempts to get DNA from Tori's body, McLean agrees that decomposition makes it difficult. Derstine wraps up cross examination of McLean.


Griswold MR’s neighbour said he saw a ripped car seat in the garbage pile in front of Rafferty's house There was a love seat on top. Derstine asks Griswold if he saw Rafferty remove the car seat late in March to install speakers. Derstine asks Griswold if he saw Rafferty put the car seat in the shed, Griswold says no.

A woman who met Rafferty online in 2003 "We became good friends" began to lose contact when he moved to Woodstock in 2008. The woman said Rafferty spoke about abducting kids - the kids grow up thinking the abductors are their real parents. Derstine asks the woman if she took oxycodone. She says no but is familiar with the drug.

A.Reid is 25 encountered Rafferty thru Plenty of Fish dating site. Derstine starts cross asks if Rafferty talked to her about Tori - she says no.

Latimer is 50 year old real estate agent who lives on farm outside Woodstock. Met Rafferty in Jan 2009 on Plenty of Fish. Derstine starts cross - asks about Rafferty's MSN sign in, "I thought I had it all but all is lost". Derstine asks Latimer about her later own MSN posting on Latimer's sign in.

Chambers met Rafferty on Plenty of Fish .She said he seemed friendly in conversation. He asks Chambers about reaction in Woodstock to Tori's disappearance. Chamber said it was major.

Cruikshank is the owner of Outdoor Services, a landscaping company based on Hwy 6 just north of Guelph. Cruikshank employed Rafferty from 2003 to 2005 as landscaper and snow shoveling. Rafferty worked with a team, licence suspended at time. Derstine ask about trucks that Cruickshank's firm used. Derstine asks about number of employees. Cruikshank says 12.

A. Woods - Derstine asks about farmland north of Woodstock for some reason. Woods said there is a lot of farmland north of Woodstock .

Waechter was assigned on to Stafford case on April 15. Investigated phone calls made by Rafferty on May 11. Waechter said Rafferty phone calls included two calls to Corey's auto wreckers on May 11. He asks if there was any indication why Rafferty was at Coreys, Waechter says no.

J. Meloche is 29. She met Rafferty on April 12 2009 through Plenty of Fish. Derstine asks Meloche if she ever saw a back seat in Rafferty's car she says no. Derstine asks about tools in the trunk of Raffety' s car Meloche said she saw them in late April .

C. Harnum. Derstine's cross of Harnum - He asked how often she checked Rafferty's Facebook page, she says often.

Waldron computer forensic back on stand Derstine asks about tagging on Facebook. Asked by Derstine Waldron said Terri-Lynne McClintic was not one of Rafferty's Facebook friends. Derstine asks if Rafferty was looking at Alexis Lane profile when he wrote "Everything good coming my way". Waldron can't confirm if he was looking at the profile when he was posting. Derstine asks if Facebook can be asked from anywhere that has Internet connection Waldron says yes. Derstine asks about signing on to setting from someone else's account Waldron says it depends on privacy settings. Derstine asks about accuracy of profiles on Plenty of Fish Waldron says its "buyer beware". Court is seeing a portion of Terri-Lynne McClintics Facebook page Derstine is asking about bottom portions being cropped off screen. Derstine is asking Waldron why she picked particular items on McClintic's website. Derstine asks if people would post quizzes on their Facebook page if they like the result - Waldron agrees. Derstine asks about favorite music posted on McClintic Facebook profile. Derstine points out songs by Necro on McClintic site.

Broad is a senior manager in information and digital forensics for Bell Canada Enterprises. Derstine is questioning a data call on Rafferty's phone record that appears to go on for 17 hours. Derstine is question a data call at 4:18 p.m. on April 8 that appears to go on for 44 minutes another just after 5 p.m. goes for two hours. Derstine points out that the two long data calls were almost consecutive Broad said that voice calls could still have been received. Derstine asks if a phone has be turned on to receive a data call. Broad agrees. Derstine ask about the tracking of data calls from point where call placed. Suggests not good for tracking long calls after call placed.


Mustafa Bakhtyar a radio frequency engineer. Derstine begins cross. He asks if we should be careful about pinning down the location where a cellphone call was made. Bahktyar agrees. Derstine suggests it is difficult to pin down an exact location because of all the variables Bahktyar agrees. Bahktyar said it is difficult to determine why a cell signal bounced off particular tower and not another. Derstine points out that the cellphone calls are logged from the point when the call is started and not good for tracing movements after. Derstine asks if it is possible there were malfunctions in the cell network on April 8, 2009 Bahktyar said the system was "working fine".

Youngs is a RIM employee from Waterloo She is a public safety liaison specialist. Derstine asks how BBMs different from texts.

Wilton is an RIM employees with an expertise in service maintenance for the network. Derstine suggests that MSN messages can get held up for various reasons Wilton agrees. He questions why the delivery times for BBMs tends to vary. Wilton said the messages should arrive within 4-5 seconds. Derstine suggests there are variables such as speed of carrier network. Wilton comments on list of Rafferty's MSN messages which indicates that some messages around 6:35 pm got held up and almost same time. Derstine suggests that MSN messages can get held up for various reasons Wilton agrees. Derstine suggest there was disruption in Rafferty's Blackberry around 16:35 on April 8th with various possible explanations.

C. Spitzig is 26, mother of 5. Defence asks about back seat of car. Spitzig said late in March 2009 there was no back seat in Rafferty's car.


E. Haye. She says she was sure she had sex with Rafferty on April 9. Derstine refers her to police statement where she said it might have been the 9th or 10th. Haid looking at calendar again says she had sex with Rafferty on the ninth, not 10th. Statement to police was either April 9 or 10th was at Rafferty's place in early afternoon.

Det. Con Gordon Johnson-Derstine ask about 4:18 pm two-hour data call on April 8 j15 seconds before money is withdrawn from ABM in Guelph. Derstine questions a call made on April 9 just after CASS surveillance video released to public. Derstine points out gaps - periods on May 7th when Rafferty didn't use phone doesn't explain significance.

Kerri-Lee Cushing-Mitchener - a manager at Genest detention centre. Derstine begins cross asking about protocol on visitors. Derstine clarifies that McClintic would have to ask for special permission to see Rafferty. Derstine asks about the term EOA (east of Adelaide) as a slur.

Special Constable Gerald Lanna a forensic video analyst. Derstine questions "unique" characteristics of Rafferty's Civic Lanna said combination of hood scoop spoiler rims together could be unique. Derstine questions Lanna's conclusion that car seen in three CASS videos likely the same. Lanna argues that the overlay technique he used on the three CASS videos shows they were the same type of car. Derstine suggest he can't be certain that it is the same car.

The Crown rests its case.
 
  • #442
But what does that have to do with Tori's abduction?

We know TLM has friends that are criminals and that those criminals have family members who are also criminals. I think that many of the people that TLM knew were criminals, is Derstine going to bring them all in? I would think he'd have to have more than those letters to do that.

Since drug trafficking/dealing often involves organized crime I wouldn't be surprised to learn that MTR has connections to people associated with that type thing since at the very least we know MTR has been using and buying drugs for quite some time.

I think when it comes to the EOA thing, Derstine was just trying to point out as many reasons as possible that TLM is more of a criminal than MTR. That there is evidence she may be connected to organized crime, she has a record etc. They have to do that as much as then can because TLM's testimony is a big part of the case.

Now if Derstine had gone into more detail about her connections to EOA I'd agree with you, but I'd still think he would have asked about this when he had her on the stand. But he didn't.

If Derstine wanted to show a connection between Tara and TLM through organizations like this to back up his innocent dupe scenario, he would have asked Tara about that when she was up on the stand. But he didn't.

TLM isn't on trial, MTR is.

Maybe someone from that gang is going to testify about something related to the abduction?

Who knows what TLM could have said to people.

Anything can set her off..........her recent assault charges being an example.

JMO...........
 
  • #443
Swedie your username should be "sweetie"-> blowkiss!

Thank you for giving us this coles notes version/summary.

This represents a lot of work.
 
  • #444
Thank you for this information. I would make a list of all the people that have been rightfully convicted by the Court and by the public, but you know..... it would just be way tooooooooooo long. I feel safe though in saying that the Court (and the people) get it right much more often then they get it wrong.

I think pretty much everyone is waiting for the defense. We shall see what happens. I can't believe how lucky the Defense is in Canada - getting a whole 4-day weekend to prepare before they even have to let the court know if they will present witnesses or not. Wow!

Also - just a quick reminder that this is not a contest. It is not a contest between TLM and MR to see who is more evil and it is not a contest between posters based on how they see the evidence. Everyone is entitled to their opinion and they are entitled to state it as long as they stay within TOS.

Salem

Gowdey tells the court the crown rests it's case.

Heeney says the next step is Derstine deciding if the defense will call evidence. He will inform the court Tuesday morning at 10 am.

No court tomorrow. Derstine will have the weekend to make his decision.

RaffertyLFP: Lanna is finally done The Crown rests its case Court is adjourned until Tuesday

RaffertyLFP: Heeney tell jurors they will find out Tuesday morning if the defense will present any evidence


Yes I believe you're right Salem. I don't think the defense is ready or else they would have had their witnesses lined up for Friday IMHO. I have a gut feeling the defense has no one to call. AND I think MR will be too afraid to take the stand as he knows the Crown will eat him up and spit him out lol.

The overwhelming amount of evidence the Crown has presented to the jurors is astonishing and I just don't see Derstine being able to defeat the Crown. I have felt all along Derstine was fighting a losing battle because of the evidence and he knows it. Also his poor cross examination of the Crown's witnesses. You cannot get witnesses to take the stand and lie. Therefore who would the defense call to give credible testimony and to what? His mother, exgirlfriends who he cheated on and lied to, MR didn't seem to have any male friends who could attest to his character and what good would character references do anyhow? It's not evidence. The Crown showed what MR was doing April 8th 2009. His whole day practically from approximately 9:04am until 10pm is accounted for and has been presented as solid evidence. Videos and TLM's perfect testimony in which collaborates with other presented solid evidence; putting all the pieces of the puzzle into place. Of course JMHO.

JMPO but I think Derstine got a wake up call today. I think he was listening to the media when it claimed the trial was going to take until approximately June. Wow the Crown was amazing and used their time proficiently leaving Derstine asking WTH? Tisk tisk Derstine for not being better prepared. Bang! A month ahead of schedule. WOW you rock Crown!

Wonder if MR feels he got his monies worth? *scratches head* MOO
 
  • #445
Swedie your username should be "sweetie"-> blowkiss!

Thank you for giving us this coles notes version/summary.

This represents a lot of work.

Aww thanks Dear! Right back at you! *blows kisses*. I had to do something constructive while serving my sentence/TO lol. T'was all good. :D

Justice for Tori is what I am praying for and my heart and head tell me it's going to happen. <3 xoxo

RIP Little Angel. <3
 
  • #446
Do you reallly think the Defense will be that quick? 3-4 days? Wow. I was thinking it would take them at least a week and a half, maybe two weeks. And then with all the MSM stories that the Defense doesn't have any witnesses, MR will/will not testify, etc. I'm feeling a bit let down or shocked or something.....

I'm not challenging you, I'm sincerely surprised that the trial could be over by Thurs/Fri next week. Just wasn't expecting that....

Salem


to ease your mind I in no way think that you are challenging me...I just think you are stating your opinion as I am mine and I think that is the purpose of this website IMO. can't imagine how boring this site would be if everyone saw things the same way...everyone has something to contribute however small and all opinions are appreciated I would think...some are a little more partial to the case and others remain impartial which is all a good thing IMO.... I made that post above because I just feel that after four days next week the defence may wrap it all up..I don't think they have the same "sleep inducing" phone records to go over..but what do I know. it may just go on longer..depends what Dirk has to offer.. this is actually the second time that I have used this site to follow a case and that is only because it is in my country...I have followed some of the bigger cases in the US & UK but mainly through the newspapers..to tell you the truth I cannot afford to spend so much time on these case as it is cutting into my real life so to speak so that is why I stated I will be parting ways once this case is over unless another one occurs that strikes my interest.. regardless I appreciate that this site is in place so that people that have an interest can come together and express their feelings etc. I have no personal interest in this case nor the previous one that I mentioned ..I do know that there are a few posters on here who I really enjoy reading their posts and am surprised how perceptive they are and I thank them for that.. I also noticed that a few of them do not post anymore and I was disappointed not to be able to read their incite on this case ...JMO
 
  • #447
  • #448
I would love to personally thank Matou, n/t and Sailor Bug for their true dedication in posting all the tweets throughout MR's trial. Sorry if I missed anyone. You sleuthers are wonderful and your dedication in seeking justice for Tori is monumental.

There are so many of us who just want justice for an innocent little eight year old child who was taken so savagely from the life she was suppose to live. Her parents will never know the joy of her finding her first true love, graduating from high school, watch her fulfill her dreams of achieving a college or university degree and career, her daddy will never be able to walk his little girl down the aisle, her mommy will never be able to assist her in getting ready on her wedding day, Tara and Rodney will never get to cuddle and love Tori's babies; their grandchildren, and watch them grow up in the image of their mother. Daryn has had to spend the last three years of his life without his best friend. He was had to endure so much unnecessary heartbreak no child should have to endure. He will never be able to share another special occasion with Tori. Every special occasion now has a different meaning to Tori's family. Life will never be what it once was when they had their bright blue eyed, blonde, adorable little Tori around. And through no fault of their own.

None of this will ever happen because two sick and evil minded people felt their few hours of twisted and sick thrills would be more worthy then allowing a sweet child her right to life. MOO
 
  • #449
I don't know how the jury can believe he is an innocent dupe after the string of women, the pimping story, and the videos of him visiting TLM after the murder and acting like nothing happened, not a care for the little girl far away from her loved ones, buried under a pile of rocks. I think it'd be best for him to stay away from the stand :)

Why would a duped guy keep the murder a secret and why would a duped guy be so friendly/intimate with a woman that he witnessed murdering a child? He did the exact opposite of what a duped person would do.
 
  • #450
I believe TLM thought they were dating, after the video evidence...they went to the movies one night and then the motel the very next night....she appeared to try and get close to him. MR on the other hand, didn't seem to want her, seeing that he steps away from her touches in the video. I believe MR was just stringing her along and saying all the right things to make her believe that this was a relationship. Remember the letter that TLM wrote but didnt send to MR.

Would you happen to have a link to the letter or a reference that I could check ... I'd like to read that letter.

I've been wondering why TLM spilled the beans on May 19 (hope I got that date correct). MR visited her on May 8 and again on May 12 (brought a magazine). Police spoke to MR on May 15 to gather info for an interrogation of TLM. MR phoned TLM about the visit 8 minutes after police left ... too bad there wasn't a wiretap in place. Was he telling her that he had to lay low and not visit her for a while? Did he visit her between May 12 and May 19? Could police have told her that MR had other girlfriends? Was she feeling abandoned? Did police provide proof that she was the woman in the video wearing a white coat? Police found her cut hair in the garbage when they searched her home ... what tipped her off that she needed to change her appearance so near to when she was arrested? I'm sure this was all testified to at some point ... I certainly haven't followed the entire trial ... this pair is really nasty - can only take so much of the ugliness.
 
  • #451
With all the women MR was stringing along, what was the draw to TLM? What could he possibly have wanted from her and why did he pursue her? He already had a drug supplier. She is younger than the other women, didn't have an income to help support him and really didn't fit into the same social circles as the other women did (appears most of the others were professionals of some sort or had some type of income). MOO

He has a deviant personality and it turned out she did too. Perhaps he thought that he could ask her to help him with his deviant fantasies ... perhaps he sensed that he could take things further with her than with any of the other women. I think it was like when Karla met Paul ... they sensed that they could take things too far ... that they had no boundaries in terms of getting what they wanted; pleasing themselves, even if it was criminal.
 
  • #452
He slept with all these women under his mother's roof and he hung around undesirables--she had to know her son was up to no good! MOO

He didn't bring all the women home with him. Many never went to his residence. And the women that did go there probably went when his mother was not home. He may be uneducated, but education isn't everything. I don't think he is stupid enough to give his mother the opportunity to question him.
 
  • #453
He has a deviant personality and it turned out she did too. Perhaps he thought that he could ask her to help him with his deviant fantasies ... perhaps he sensed that he could take things further with her than with any of the other women. I think it was like when Karla met Paul ... they sensed that they could take things too far ... that they had no boundaries in terms of getting what they wanted; pleasing themselves, even if it was criminal.

I agree with this.
Everything that was wrong with him, he could let it out around her without her judging or questioning it. In fact, she would go along with it. In the name of love. Love she never had her entire, unfortunate life.
She had violent urges that she knew darn well were not right. How could she judge him? Instead of seeking help, she latched on to a "kindred spirit".
What she really needed was help... and I am positive she knows it. She allegedly still feels murderous tendencies. She knows she is not well, and I wouldn't be surprised if that is why she has decided to take responsibility for the murder. She doesn't want out. She is safe where she is, and so is everybody else.

JMO
 
  • #454
Thank you for this information. I would make a list of all the people that have been rightfully convicted by the Court and by the public, but you know..... it would just be way tooooooooooo long. I feel safe though in saying that the Court (and the people) get it right much more often then they get it wrong.

I think pretty much everyone is waiting for the defense. We shall see what happens. I can't believe how lucky the Defense is in Canada - getting a whole 4-day weekend to prepare before they even have to let the court know if they will present witnesses or not. Wow!

Also - just a quick reminder that this is not a contest. It is not a contest between TLM and MR to see who is more evil and it is not a contest between posters based on how they see the evidence. Everyone is entitled to their opinion and they are entitled to state it as long as they stay within TOS.

Salem

Roman Law influenced Common Law (Britain) and British Law influenced Canadian law ... it's a bit like what we saw in Italy (though not to that extreme) with the trial for the Meredith Kercher murder.

Because of the length of the trial, there would be delays for procedure, scheduled meetings or hearings related to that and other cases, filing of paperwork and so on that would cause normal delays in trial proceedings. A four day weekend may appear generous for the defence, but there's also no reason to rush things. The two non-court days also give the prosecution time to prepare cross examination material. The prosecutor in the Jason Young trial could have used a couple of days to prepare cross in the first trial.
 
  • #455
West Coast signing off for the nite. I sure don't click the "Thank You" button often enough, but want to say thanks a million to all who are re-tweeting to keep us informed ... and thank you to all who are still here posting, watching, waiting, and praying for justice for Tori. Whatever it is, it will never be enough but it's all we've got.

Rest in peace Victoria.
 
  • #456
Do you reallly think the Defense will be that quick? 3-4 days? Wow. I was thinking it would take them at least a week and a half, maybe two weeks. And then with all the MSM stories that the Defense doesn't have any witnesses, MR will/will not testify, etc. I'm feeling a bit let down or shocked or something.....

I'm not challenging you, I'm sincerely surprised that the trial could be over by Thurs/Fri next week. Just wasn't expecting that....

Salem

The defence may present a forensic expert to say that the DNA evidence does not conclusively prove anything. The prosecution would benefit from a couple of days to prepare for cross. I'll bet that the prosecutor is also sitting up, late into the night, preparing closing arguments.

What evidence is there that is irrefutable? That is where the defence will respond. The photos cannot be excluded, nor can the clothing, nature of the relationship, location during abduction and murder ... what the defence wants to do is admit all of that, but claim that MR did not harm Victoria. The mixed DNA evidence in the back seat of his vehicle is a problem for him. The defence may call witnesses from the forensic field to refute DNA evidence, or from the detention centre that could testify that MR was standoffish with TLM ... maybe his mom will testify ... maybe he'll have an expert testify that the drug addiction clouded his judgment so he didn't deal with the situation in the correct manner during and after the fact. The defence could top it off with testimony from the undercover officer that shared a jail cell with MR ... where he didn't admit to the murder.
 
  • #457
Everyone keeps saying that TLM isn't on trial here, MTR is. But TLM's credibility is very much on trial here. Her testimony is a crucial piece of evidence against the accused and the basis for almost everything. Without her confession, MTR may never have been caught. If, as the Crown alleges, these two people worked as a team, then you can't try MTR without bringing TLM into it. She is the only witness still alive who can verify or deny what truly happened on April 8, 2009. It is the job of the Crown and the defence to convince the jury whether or not to believe TLM's testimony, which parts of it, and why. And that means that she needs to be discussed here. MTR and TLM are inexorably linked for the duration of this trial and that just can't be avoided or denied.

JMO

Without her testimony, there is still the car, clothing, cell phone data, relationship with the confessed murderer before and after the abduction, sexual assault and murder, placing the suspect at the scene at the time of the crime and so much more. It doesn't really matter if TLM is telling the truth about the event ... she confessed and he was with her all the way - from beginning to end and weeks after.
 
  • #458
I agree with this.
Everything that was wrong with him, he could let it out around her without her judging or questioning it. In fact, she would go along with it. In the name of love. Love she never had her entire, unfortunate life.
She had violent urges that she knew darn well were not right. How could she judge him? Instead of seeking help, she latched on to a "kindred spirit".
What she really needed was help... and I am positive she knows it. She allegedly still feels murderous tendencies. She knows she is not well, and I wouldn't be surprised if that is why she has decided to take responsibility for the murder. She doesn't want out. She is safe where she is, and so is everybody else.

JMO

We're thinking along the same lines ... including TLM's imagined love for MR and her willingness to do anything to please him ... "kindred spirits" ... I think that maybe she was confronted with the white coat and abduction video, so she had no choice but to admit it was her and take what was coming. Prison might represent a type of safe haven, maybe a meal three times a day ... maybe she gave up on herself a long time ago and, as you say, decided to accept her lot in life.
 
  • #459
On CTV news this morn there was a fellow giving the low down being interviewed Joel (didn't get the last name) reporter. He stated that amongst the reporters, police and peeps attending there seems to be a 50/50 split as to whether MTR will take the stand.

Sort of looks like we here are at a similar split.
 
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