Mike Knoll: Here's Hank Daniszewski's morning update:
After years of investigation and more than two months of testimony, Crown Attorney Kevin Gowdey began his final argument Tuesday for convicting Michael Rafferty for the 2009 murder of eight-year-old Victoria (Tori) Stafford.
Gowdey told the jury that Rafferty and his former girlfriend Terri-LynneMcClintic "were in this together, together they are guilty."
Rafferty, 31, has pleaded not guilty to first-degree murder, sexual assault and kidnapping in the death of the eight-year-old Woodstock school girl.
At the start of what is expected to be two days of argument, Gowdey told the jury that any kidnapping or sexual assault that leads to the death of the victim requires a conviction of first degree murder and Rafferty and McClintic collaborated.
"Even if Terri-Lynne McClintic was the one with the hammer, it doesn't matter," he said.
Rafferty drove around Oliver Stephens school and got gas for the long trip to Mount Forest. He parked at a nursing home parking lot because it was secluded and had easy access to Hwy 401, Gowdey said.
Gowdey said Rafferty "scoped out" Oliver Stephens school when his car was captured by a video camera at 9:04 a.m. on April 8, 2009.
Gowdey dismissed defense evidence of a Woodstock woman who said she saw McClintic enter the school and walk "sternly" up the hill with Tori.
It is unlikely that no one saw McClintic in the school and the woman had a faulty memory of McClintic's coat, he said.
Gowdey said it was unlikely that McClintic knew and targeted Tori because she had no way of knowing that it was Tori's first day walking home alone.
There was no evidence that Rafferty asked McClintic who Tori was and why she was in the car, he said.
court back in
RaffertyLFP: Gowdey resumes his final statement He says Rafferty was waiting for a "gift" and McClintic delivered it