Trial Thread 7 May 2012 - Closing Arguments, Defense then the Crown

[lightlady]

The defence does not have to prove his client's innocence. The Crown has to prove his guilt ... beyond a reasonable doubt. The defence's only job is to cast doubt on the Crown's version of events, which is exactly what he has been doing.








JMO

Yes, agree AG, but I guess to me the Crowne has proved beyond a RD (MOO, based on my interpretation) and so I would look for the defense lawyer to help raise the level of my doubt with a story that fits all the evidence and that came from his client. THAT would most certainly raise reasonable doubt to me....
I know others here don't agree, so we will see where the jury comes out...

 

[Ardy]

The defense summary has been predictable.

During his cross examination of TLM, Derstine began to establish a severe lack of credibility with the star Crown witness. His revelations about the writing, journal, criminal history, and conversations with her godmother revealed the problems of credibility that the Crown acknowledged during their opening statement.

During her testimony TLM was unaware the defense was going to present a witness with unimpeachable credibility that would contradict her statements, and thus didn't know how to fashion her statements to suit the facts.

The defense has done a superb job of highlighting the weaknesses in the Crown accusations, and I suspect it will continue to do so.

Later today, and tomorrow............the Crown will have to try to resurrect TLM's credibility to some degree, or the jury is going to be left with the impression they should disregard all of TLM's testimony.

As to the murder charge, the Crown is not alleging that MR killed TS. They established that during their questioning of TLM, when the Crown persistently asked TLM if she was sure she killed TS.

The Crown is relying on convicting MR of murder by proving him guilty of kidnapping and sexual assault.........which led to TS death at the hands of TLM.

If MR is found not guilty or kidnapping or sexual assault, he cannot be found guilty of murder.

JMO................

 

[CarrieBean]

The defence does not have to prove his client's innocence. The Crown has to prove his guilt ... beyond a reasonable doubt. The defence's only job is to cast doubt on the Crown's version of events, which is exactly what he has been doing.

JMO

I don't see him doing that at all.

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
#Rafferty's mother tells media outside court house that she thinks her son is not guilty. Will speak to media outside later on.

Avery Moore ‏ @AveryFreeFMNews
Derstine pulling together his story with testimony from his only witness, the woman who said she saw McClintic go into the school

Avery Moore ‏ @AveryFreeFMNews
Derstine suggesting that picking #ToriStafford wasn't random, saying that McClintic knew the 8-year-old.

Avery Moore ‏ @AveryFreeFMNews
"How... could this story be true?" Derstine says, on McClintic's claim that #Rafferty forced her to kidnap. 3 opps to save Tori and didn't.

1h Avery Moore ‏ @AveryFreeFMNews
Derstine details what he sees as the holes in McClintic's story of being bullied into kidnapping #ToriStafford.

Avery Moore ‏ @AveryFreeFMNews
Derstine reminding the jury of McClintic's other violent crimes already detailed in court.

Avery Moore ‏ @AveryFreeFMNews
Again, Derstine reads out lyrics from songs McClintic listened to by Necro, who she called a "death rapper".

Avery Moore ‏ @AveryFreeFMNews
Derstine on McClintic's interest in 'death rapper' Necro: "It’s a window into Miss McClintic's soul that she likes Necro."

Avery Moore ‏ @AveryFreeFMNews
Derstine argues McClintic's claim that she was a changed woman from the one who wrote the violent letters is another lie.

Avery Moore ‏ @AveryFreeFMNews
As Derstine reads McClintic's violent letters #Rafferty seems to furrow his brow and wince at times.

Avery Moore ‏ @AveryFreeFMNews
For the 2nd time, Derstine is reading letters (McClintic wrote from jail) to the jury. Details her murderous and violent fantasies

Avery Moore ‏ @AveryFreeFMNews
It's a "Jekyll and Hyde thing" with McClintic, Derstine says. She appears pleasant, but is completely different.

Avery Moore ‏ @AveryFreeFMNews
Derstine turns to McClintic's "alarming" history of violence.


Avery Moore ‏ @AveryFreeFMNews
Derstine tells jury he and #Rafferty don't need to prove anything to them, rather the Crown has to prove his guilt beyond a reasonable doubt

Avery Moore ‏ @AveryFreeFMNews
Derstine ask jury not think about the moral flaws #Rafferty might have, but to think about where the evidence fits according to rules of law

Avery Moore ‏ @AveryFreeFMNews
"This trial is set against the backdrop of an unspeakable tragedy," Derstine says. Asks jurors not to let it take over their minds #Rafferty

Avery Moore ‏ @AveryFreeFMNews
"You are the supreme judges of the facts in this case," Derstine tells the 12 jurors.

Avery Moore ‏ @AveryFreeFMNews
#Rafferty's lawyer Dirk Derstine begins his closing argument by thanking jurors for spending so much time in court.

Avery Moore ‏ @AveryFreeFMNews
Jury back, Justice Heeney tells them we are now in the "argument phase". Says statements are not evidence, only connects evidence

 

[Sailor Bug]

RaffertyLFP: Trial should resume soon with wrap up by Derstine


The mother of a man accused of killing 8-year-old Tori Stafford says her son is not guilty. http://bit.ly/J93BXi #ldnont

 

[Sailor Bug]

Jurors returning to the courtroom.

RaffertyLFP: Jury back in Minor delay due to problem with audio equipment

There's a problem with the court recording equipment. They're trying to repair it. Silence in the courtroom.

 

[Salem]

Respectfully snipped & bolded

During her testimony TLM was unaware the defense was going to present a witness with unimpeachable credibility that would contradict her statements, and thus didn't know how to fashion her statements to suit the facts.

The defense has done a superb job of highlighting the weaknesses in the Crown accusations, and I suspect it will continue to do so.

Later today, and tomorrow............the Crown will have to try to resurrect TLM's credibility to some degree, or the jury is going to be left with the impression they should disregard all of TLM's testimony.


JMO................

Do you have a link for the bolded part? I know a creditable witness was presented but she wasn't unimpeachable as far as I remember.

And given that the jury is already (in my opinion) well aware that TLM lied, I don't think the defense is going to be leaving them with the impression that they should discard all of TLM's testimony.

Just sayin'

Salem

 

[Sailor Bug]

They seem to have it fixed. Derstine resuming

RaffertyLFP: Derstine tells jury that McClintic claimed she didn't know Tori but the girl willingly followed

McClintic was emphatic about not knowing Tori, Derstine reminds the jury. Derstine suggests she went into the school looking for Tori.

RaffertyLFP: Derstine said witness saw McClintic go into school - suggested she was looking for Tori

 

[Tahorn]

None of us wants a child rapist killer to go free.
None of us wants anyone to go to jail for life because he was ignorance of the intentions of a demented teen.

If he is sentenced to 25 years for leaving VS under a pile of rocks then so be it...punish him for his involvement not the rants of a professional liar.

 

[Sailor Bug]

RaffertyLFP: Derstine said Tori and McClintic were connected thru her mother and living nearby. Tori's school was near McClinitic's home

If McClintic did not go into the school looking for Tori, it's a remarkable coincidence.

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Jury back after lunch break. Derstine continues to try and challenge Terri-Lynn McClintic's story.

 

[crazyladi]

Thanks guys for the tweets

 

[Sailor Bug]

RaffertyLFP: Destine said Tori was picked at random from all 15 schools in Woodstock Was it was coincidence that they were connected

There are 15 elementary schools in Woodstock school, and 326 students at the school. "Is that a coincidence? You decide."

Derstine says the odds of randomly finding Tori, a person McClintic had a connection too, are very slim.

RaffertyLFP: Destine said Tori was picked at random from all 15 schools in Woodstock Was it was coincidence that they were connected [via Twitter]

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Continues to argue that the choice to abduct #ToriStafford wasn't random, says McClintic knew the girl, went into the school.

 

[Sailor Bug]

RaffertyLFP: Derstine suggested McClintic was listening to her MP3 player and listening to Necro while abducting Tori

Derstine says somebody kidnapping on a whim from their boyfriend would not put in their ear phones.

McClintic denied remembering what she was listening too. In police statement, she said it was Necro.

 

[myzzy]

Breaking it down what do we really have?

Kidnapping

What proof do we have that MR knew Tori was kidnapped at any time?

• TLM statement

What proof do we have that shows conclusively that a rape transpired?

• Forensicly inconclusive to prove either way
• Semen & Blood of Tori on car jam but unable to determain if they were deposited together ( from a rape) as there was numerous other location in and on the car that had Semen and only a tiny blood speck in the entire car.

What Proof do we have that shows/proves MR murdered Tori?

• TLM Testified that she actually kicked and swung the hammer

Did i miss anything?

 

[snoofer]

Steven D'Souza ‏ @cbcsteve
Derstine reminds jury about McClintic's violent history: microwaving dog, attack on mother, armed robbery

Steven D'Souza ‏ @cbcsteve
Derstine on McClintic: That she beat Tori Stafford to death with a hammer: “hardly a sign of a reformed character”

character?????? is this an opening? MOO

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Back from lunch break. Derstine says McClintic targetted Tori. That out of all elementary school students in Woodstock, she picked Tori

 

[Sailor Bug]

RaffertyLFP: Derstine says listening to Necro was a detail McClintic should have remembered including lyrics of attack on child

Derstine suggests the song would be ingrained in her forever, no matter what her role in the crime was.

"Your *ing Head Split" was a song on her iPod that she listened too often, Dersrine says.

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Derstine argues w/ 326 students "Isn’t it remarkable that the person [McC] stumbles across is the person she is connected to?"