Trial Thread 8 May 2012 Wrapping up Closing Arguments

[Ardy]

From the tweets, it sounds like the Crown have accepted that TLM did the murder and will try to prove the murder charge against MR through the other two charges.

Gowdey says if they acted together to kill Tori, it doesn't matter who struck her with a hammer.

RaffertyLFP: Gowdey says it doesn't matter who actually killed Tori If Rafferty and McClintic worked together they are both guilty

From the tweets, it sounds like the Crown said there was no one who saw TLM at the school, and then challenged one witness who did testify observing TLM at the school......the grandmother.

I think the jury is going to believe the grandmother did see TLM at the school...........because she saw the exact same woman and TS walking up the street a few minutes later, so it wasn't a different day. Saying it was a different puffy white jacket insults the juries intelligence......IMO.

From the tweets, it sounds like the Crown admitted that TLM lied to the jury while on the witness stand in this trial, realize they have huge honesty issues with TLM's testimony, and are trying to resurrect her credibility as best they can.

10:16 RaffertyLFP: Gowdey admits that McClintic probably lied in her testimony but not about the key elements of what happened

Gowdey told the jury McClintic's credibility would be questioned. Notes her actual evidence wasn't attacked in a significant way.

Looking forward to more from the Crown...........

JMO......

 

[CarrieBean]

AM980_Court "He minimized his exposure and maximized her exposure whenever possible"

said before break around 30 mins ago....Imo this is extremely TRUE....Rafferty set TLM up to be seen many times on camra...IMO again.

I think Rafferty had been planning this long before he even met TLM

 

[robynhood]

RaffertyLFP Gowdey asks How long would it take Rafferty to realize that Tori was in car against her will? When did the light go on?

 

[Sailor Bug]

RaffertyLFP: Gowdey said Rafferty didn't ask because he was the mastermind.

He says that means Rafferty knew driving past the school would be dangerous.

Rafferty shakes his head and rolls his eyes as Gowdey speaks.

RaffertyLFP: Gowdey says when Rafferty realized it was a kidnapping he became equally guilty in crime Why not turn the car around?

 

[Juris_Prudence]

Well, I waited through the whole trial, and gave the accused the benefit of my doubt more times than I care to admit. I read as much as I could about what was presented by both sides and I refrained as best I could from forming an opinion throughout the presentation of the case. But with that said, having now read the tweets, and considered all info presented from both sides, I've reached my own personal verdict of the accused.

I believe the guy is guilty as sin! Derstine didn't do much to present a defense in my view, because there IS no defense for what MR is accused of! I don't believe everything TLM said, but I believe there was just enough evidence to corroborate the bulk of what she said happened. I don't care which of these two swung the fatal blows, or kicked and stomped Tori to death. MR was clearly there, and clearly had a major role and responsibility in what happened to Tori under his watch! Even if he thought TLM was babysitting, surely he would have realized at some point along the way that this was not the case. Perhaps it was when TLM shoved Tori into the car so frantically she apparently lost a tassel off her purse? Perhaps it was later somewhere along the route - does it matter when the bottom line he found out at some point, and then failed at every turn to protect her?

Is his defense then just that he was an idiot? Seriously because who allows a child to ride in a car - on the highway no less, when there is no seat for her to sit on? I don't think it was the first of his epic failures to protect Tori, but it was definitely one of them if his defense is he was an innocent dupe!

How likely is it that someone's **** bit (his or someone else's) would happen to be in the exact same spot where a bit of Tori's blood was spilled? I think that is far fetched at best. Particularly when the child was found without her skirt, leotards and panties etc. Even if Tori was killed as she peed as Dirk suggested, why would her killers take the time to bother to re-dress her, or remove the items? If they had done anything, I'd expect the clothes to have just been tossed in the bag with the remains either dangling from the body, or loose in the bag. The clothes were taken from the scene though and disposed of. Why is that? Because someone knew they'd hold more evidence and it was dangerous to leave them lying about! Incidentally, Dirk said that she was found without her shirt!! Has he even READ the case file? Sheesh!!

The phone records. I don't care if he was gabbing away on the phone or playing Words With Friends while this was going down. Whatever he was doing, he was clearly in the area, and he should have used that device to call for help!!

He had every opportunity to help Tori escape alive! He had all the power and control since he was the driver - he failed Tori in every imaginable way, and frankly, I hope he gets all those "good things comming my way" that he was so excited about, right where he belongs, in jail. Daily. From all sorts of big friendly men who so adore pedophiles!

I am anxious to hear the judge's statement to the jury, and more anxious for a verdict. I don't see this guy walking away from this one. I know there are those who do, and I respect their opinions, however, I think he had a fair trial, and the Crown has proved their case against him. I hope the jury will agree with me and so many of us here!

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
"Mr. #Rafferty was sitting in the parking lot when Miss McClintic brought him his gift." Gowdey tells the jury.

 

[Sailor Bug]

RaffertyLFP: Gowdey said Rafferty already had a plan to buy drugs in Guelph Why bring Tori

The defense says Rafferty eventually found out why Tori was in the car. That means he's still guilty.

"Why would he not just turn the car around? Unless he had evil intentions"

 

[robynhood]

...when my last tweet was said...twitter reports Rafferty is rolling his eyes!!!

 

[Sailor Bug]

RaffertyLFP: Gowdey says Rafferty had prearranged meeting to buy drugs from Barb Armstrong in Guelph - that from phone records

Rafferty had a plan to meet Armstrong. He got percocets from her. She saw McClintic, not Tori.

Derstine pointed out Rafferty was not in a hurry, Gowdey says that sounds like a "man in control".

RaffertyLFP: Gowdey said Rafferty was relaxed at Armstrong's because he was in control. Why bring Tori along?

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Crown asks when #Rafferty knew what was going on :"He knew from the very beginning because he was the leader of the operation."

Steven D'Souza ‏ @cbcsteve
Crown says #Rafferty didn't drive past school after taking Tori to avoid more witnesses


Avery Moore ‏ @AveryFreeFMNews
"Would [Tori] not be asking questions that would betray the fact that this was not innocent?" On Defence's claim that #Rafferty was unaware.

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
"Why would [Tori] not become scared and want to go home and express that to them?" Gowdey asks the jury on #Rafferty's claimed innocence.

 

[robynhood]

AM980_Court "Why would he not just turn the car around? Unless he had evil intentions"...tweeter is coming in fast now ....

 

[Sailor Bug]

Rafferty paid for drugs in cash. He got the money from Charity Spitzig. She thought it was to fix his car.

RaffertyLFP: Gowdey said Rafferty had cash from Sptizig to pay for drugs and gas

He withdrew $400. Then $80 later on in Guelph.

 

[daisy.faithfull]

McClintic was much less likely to attract suspicion. She was a pawn. What if something went wrong? He had an easy escape route.

Rafferty had escape routes the whole day. "He had the keys. It was his car."

RaffertyLFP: Gowdey said Rafferty chose nursing home parking lot was secluded and gave him a good escape route if something went wrong

Grandmother said McClintic looked stern. But, that wouldn't fit with her knowing Tori, according to Derstine's theory from yesterday.

RaffertyLFP: Gowdey said Raffery's car drove by CASS at 9:04 am when McClintic was at a grocery store

Avery Moore ‏ @AveryFreeFMNews
"After dropping Terri-Lynne McClintic nearer to the school, why not stay there if your intentions are innocent?" Gowdey asks

Choice, planning, intention ---> mens rea

 

[Sailor Bug]

RaffertyLFP: Gowdey said Rafferty took $80 from ATM in Guelph to give to McClintic to pay for hammer

Gowdey says that money was spent on the hammer and garbage bags.

McClintic or Rafferty could have taken off with Tori, gone for help. Neither did. They were in it together, Gowdey says.

 

[~n/t~]

Steven D'Souza ‏ @cbcsteve
Crown: #Rafferty continued to make it worse by driving away. As a thinking rational person why not turn the car around?

Steven D'Souza ‏ @cbcsteve
Crown attacks Defence theory that #Rafferty was unaware by asking dozens of questions that an innocent person would ask.

 

[Sailor Bug]

RaffertyLFP: Gowdey said McClinitc or Rafferty could have taken off at any time with Tori that day but they didn't because they were in it together

RaffertyLFP: Court is seeing video of Rafferty walking in to use ATM in Guelph

Showing images from Home Depot, Peteo Canada in Guelph.

 

[robynhood]

AM980_Court Derstine pointed out Rafferty was not in a hurry, Gowdey says that sounds like a "man in control".....

referring to when he went to buy perks....at Bm home in guelph...

 

[Sillybilly]

RaffertyLFP: Gowdey said Rafferty already had a plan to buy drugs in Guelph Why bring Tori

For that matter, why even bring TLM? He knew much earlier that he was going to Guelph, then he was with TLM but didn't bother asking her to go to Guelph with him. But, for some reason he showed back up at TLM's house around 2:00pm ish to ask her to go to Guelph with him?

 

[robynhood]

M980_Court Rafferty paid for drugs in cash. He got the money from Charity Spitzig. She thought it was to fix his car.