Trial Thread, May 1, 2012 Defense begins it case in chief

[Bravo]

Ok. Say i give you folks who truly believe Tori was targeted and MJR was a mere Chauffeur in the beginning. Then what? Even if i give you the fact that Tori was not raped? MJR was present for the cruel inhumane horrific murder of an innocent 8 year old child. He did nothing. Nothing except help cover it all up. Then proceed to live his life as he had.

 

[Sailor Bug]

So, let's say MR is found guilty. How long after that will the sentencing be?

Mike Knoll: - if he is found guilty of 1st-degree murder, he'd be sentenced right away as there is only one sentence. Life with no chance of parole for 25 years.


(I should know this but...) If the jury is hung, what happens?

Mike Knoll: - that would lead to a mistrial.

 

[Sailor Bug]

How does one become a dangerous offender in Canada. Is this decided by the judge at sentencing

Mike Knoll: - it's a separate hearing and is for people who show a pattern of violence. It doesn't make sense to apply for such status on someone who is hypothetically guilty of 1st-degree murder as they're in jail for life.

 

[Macright]

She did not know about all these women when she confessed. At most she heard about one or two.

MOO

JMO with the mind set of TLM one other would set her off and a path of revenge..JMO

 

[Sailor Bug]

Would a mistrail mean he walks and can no longer be prosecuted??

Mike Knoll: - he'd be retried. He'd have to apply for a bail review and be successful before he could ever "walk" pre-re-trial.


Is he only charged with murder?

Mike Knoll: - abduction and sexual assault as well.

 

[Sailor Bug]

Mike .. When are the details that are now "unreportable" able to be reported and will the LFP be reporting them at that time?

Mike Knoll: - once the jury is sequestered we will report on all they didn't hear.


If Rafferty was found guilty and sentenced to life with no chance of parole for 25 yrs ....does that mean he would serve 2/3rds of his time and then can approach the parole board for release??

Mike Knoll: - he'd serve 25 years before facing the parole board.


Mike!! Can a deal be cut with the Crown at this point in the trial???

Mike Knoll: - no! not after 9 weeks of trial. It would seem a bit silly.

 

[Jezbel]

I am not implying anything.

The grandmother clearly saw TLM go into the school.

She notified the police as soon as she heard about the abduction.....twice.

She saw the videos "after" she was interviewed by the police.

I would like to know how TLM could be in the school wandering the halls and nobody saw her there..........in a big white puffy jacket??????

Was TLM in the school helping VS get dressed?

RS&BBM
To clarify, she did not say she went to police before watching the surveillance video, she saw the video first.

Avery Moore ‏ @AveryFreeFMNews
Witness says next day she heard about the missing girl. Saw surveillance video of abduction. Decided to talk to police. #Rafferty

3h Linda Nguyen ‏ @LindaNguyenPN
Witness says woman who was walking w little girl was same woman she saw go into the school #ToriStafford #Rafferty

3h .James Armstrong ‏ @jamesarmstrong7
Witness came forward and shared whatshe had seen with the police. Within a week of April 8 #rafferty

3h .James Armstrong ‏ @jamesarmstrong7
Witness says she recognized woman in the white jacket from famous security footage #rafferty

 

[Sailor Bug]

why is there "unreportable" evidence?

Mike Knoll: @molly - we can only report on what the jury hears. While the jury is the judge of the case, the judge is in charge of the law and he determines what evidence is fair and what can be presented before the jury hears it. If he determines that evidence is not admissible, it's not part of the trial proper.


The jury is not yet back in the courtroom.

 

[Macright]

Did this witness today even testify that she knew Victoria? I didn't think she did.

MOO

I think if you reread the post I was quoting you would understand more clearly my response. JMO sorry I don't understand your question to me either as TS wasn't even mentioned either by the original poster or me. just as being the party being picked up.....JMO respectfully.....

 

[crazyladi]

well I would have thought the opposite..if grandmother usually picked her up and this day a younger person..well that should have set off red flags. JMO

True. I am not sure I would think twice if it was a teenage girl. JMO.

PS) Now I would of course

 

[otto]

I don't think anyone doubts her honesty or integrity. However, the fact remains that her testimony was inconsistent with the police report and is inconsistent with the teacher's testimony.

The jury will have to weigh these things when they deliberate.

Salem

I'm speed reading ... so missing details ... but wasn't the discrepancy in testimony based on whether the witness remembered the colour of TLM's pants?

If the witness had never said that TLM entered the school, the prosecution should have asked why she didn't mention that in her first police report. If the prosecution didn't ask that question, it leads me to believe that this witness stated from the beginning that she believed the white coat woman entered the school.

My impression is that the defence wants to argue that because TLM entered the school to collect the child, he fully believed that TLM was babysitting. When he observed how TLM treated the child, he was horrified and afraid ... intended to report it to the parents. When the babysitting ended in murder, he was so terrified that he kept silent - fearful that TLM or her gang buddies would murder him too.

Just my 2 cents ... for now ...

 

[Sailor Bug]

Can you clarify what life in Canada is? The accused only has to serve 25 years correct?

Mike Knoll: - Life is life. You face parole at 25 years and if it's granted you still remain under control of corrections Canada.

RaffertyLFP: Long lunch break. No sign yet that court is about to reconvene

 

[Alison]

Yes, he has aged through this trial. Rodney's kids can be proud of their father and how he has set an example of how to soldier on in the face of great tragedy. What a good example for his son's. I think we will be hearing from Rodney Stafford many times over the next years; he has come into his own and has so much to offer others in a similar crisis. MOO I remember when he rode his bike across country, I felt like every revolution of his pedals was a tear shed for Tori. It was powerful example of how to positively push through tribulation and positive coping skills. JMO With all the talk of drugs and tragedy in lives during this trial; he delivered a needed message for this community about developing good coping skills and for young people, that drugs are not the answer. IMO

This......... made me cry. My daughter and Tori are in and around the same age. He has handled this with such grace. He really is an old soul.

 

[Bravo]

Personally i cant wait for the Jurors to be sequestered. Then we can hear all the arguments the Jurors could not. Bet there are some doozies there.

 

[Jezbel]

Do you have link to police report? I don't seem to have that. I wnder if part of what is under the ban could possibly be a relationship between TLM and TM, and could she have possibly known TS was walking home by herself? And will the public get more info about the drug rip off TM testified about, and clarification about the "vindictive" comment? JMO

Both TM and TLM have testified that Tori did NOT know TLM so no, there will be nothing to say that they do under a publication ban. What was testified to on the stand regarding that is what has been reported.

JMO

 

[Ardy]

Very few defendants are innocent or they wouldn't be on trial in the first place.

MOO

Actually I read somewhere that in Canada the conviction rate at trial is quite low. Most convictions are the result of plea bargaining, and according to the Supreme Court of Canada, too many of them are innocent people who should have gone to trial.......but couldn't afford the legal fees or were under severe restrictions while awaiting trial.

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

 

[Sailor Bug]

life means a minimum of 25 years, not a maximum ....is that correct Mike?

2:43 Mike Knoll: @guest - correct



Mike - if life is life, why is McLintic serving her sentence at Genest. Isn't Genest designed for rehabilitation?

Mike Knoll: - she's at the Grand Valley Institution for Women in Kitchener - a federal prison for women. SHe was at Genest back in '09.

 

[otto]

But grandma saw the identical person who entered the front doors of the school, walking down the road with VS.

The witness was sitting only feet away from the doors. She is driving a van......so her eyes can't be that bad.

In my mind, the jury is going to accept the testimony of a credible witness, and believe that TLM did enter the school.

I doubt TLM would enter the school for a random abduction, so I believe that she knew she was going to take VS.

I do wonder why no other school staff, teachers, or parents standing outside waiting for their kids came forward.

I hope it isn't because they didn't want to subject themselves to ridicule.

How this testimony is involved in the defense summary......we shall see.

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

I've actually had a problem with the school's responsibility in this from the start. I've spent years picking up children from school and I have seen it all. There are supposed to be teachers on the grounds when children are let out of school, but I've seen plenty of days when there were none. Teachers are often busy packing up for the day or preparing for a meeting ... they are not always where they are supposed to be - especially the tenured ones.

I recall one day where someone else's child was injured, crying and everyone ignoring him. There were no teachers outside at dismissal time and parents were focused on their own children. The child was bleeding so I took him to the washroom, cleaned him up, cheered him up and then took him back out of the school. No one intervened or did anything. I kept thinking that someone was going to ask me what I was doing, but no one did.

Another time my nephew thought that recess was lunch and accidentally he went home. No one noticed that he was missing until noon ... apparently no one was supervising the playground at recess so no one saw him leave.

The school I'm referring to is a good school in a good area, but teachers were sloppy ... when I heard about Victoria's disappearance, my first thought was that one of the teachers was not doing his/her job.

That said, I'm not convinced that the witness really saw the white coat person enter the school or that it was TLM.

 

[Ardy]

Ok. Say i give you folks who truly believe Tori was targeted and MJR was a mere Chauffeur in the beginning. Then what? Even if i give you the fact that Tori was not raped? MJR was present for the cruel inhumane horrific murder of an innocent 8 year old child. He did nothing. Nothing except help cover it all up. Then proceed to live his life as he had.

I believe the defense assertion was that MR was away from the car when TLM murdered VS and came back to discover what had happened.

JMO..........

 

[Bravo]

Rodney in Court is engaged and sat on the edge of his seat. His eyes were always on the Witness or the evidence on the Monitor. His Mother Doreen is one who just exudes warmth. I treasure the purple ribbon she gave me in Court. The family is treated with incredible respect by the Court. Just some observations i wanted to share.