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

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  • #721
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............

Where did you read that? That would suggest that prisons are full of innocent, poor victims of the justice system - simply not true.

There is plea bargaining, but that usualy happens because the evidence is overwhelming and the accused is hoping for a reduced sentence. Plea bargaining is also used when there are two suspects and one is testifying against the other.

I'd sure like to see a link to statements from the Supreme Court that "too many innocent people ... couldn't afford the legal fees" ... legal aid is in place for anyone that cannot afford legal fees.
 
  • #722
then he should convicted of those crimes, i do not believe he is 100% innocent and should be sentenced according to his crimes that he did commit or can be proven he committed. If he did not kidnap Tori but did rape and murder her then he should be convicted of 2 of the 3 charges.

Exactly. My point being i find it a reach that he was just along for the ride until the point of Murder. It's beyond a reach or a stretch. Waiting for Judges instructions to clarify charges.
 
  • #723
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..........

There is no evidence to back up any of the defence's utterances. The jury cannot even consider it, yet you take it as fact. Why do you think the defence has not produced any witnesses to back up their theory? THEY DON'T EXIST! JMO
 
  • #724
3 things:

1. I am not the Alison sending tweet questions to Mike Knoll.
2. Once the jury is sequestered we will become privy to evidence excluded from the trial.I do not understand this though because what if their is a mistrial and they have to redo the trial with all this excluded evidence now out there?
3. Please forgive my spelling today, I have had multiple brain farts :)
 
  • #725
Still catching up but ...

Temp Woodstock 2009 ... 4-9 C is cold enough for a winter coat

Mean Temperature 4 °C
Max Temperature 9 °C
Min Temperature -2 °C

http://www.wunderground.com/history...tml?req_city=NA&req_state=NA&req_statename=NA

No two people feel temperature the same way. (My mother always wanted me to dress more warmly than I wanted to when I was a kid, for instance.) The actual temperature in Woodstock on that day is not the point. The point was that the witness thought it was too warm for that puffy jacket. It could have been -20º, but if she found it strange enough to notice so that it stuck in her memory, that was the point. It made her notice. That and the fact that she wasn't familiar to her.

JMO
 
  • #726
3 things:

1. I am not the Alison sending tweet questions to Mike Knoll.
2. Once the jury is sequestered we will become privy to evidence excluded from the trial.I do not understand this though because what if their is a mistrial and they have to redo the trial with all this excluded evidence now out there?
3. Please forgive my spelling today, I have had multiple brain farts :)

bbm: ita....it really is like putting the toothpaste back in the tube (impossible)
 
  • #727
The fact is a child was taken and at some point he knew she wasnt babysitting that child anymore (if you buy that scenario) he could have let her go. At home depot, at the location where he knew and he should have gone to the police after if it happened the way he said it happened.

He chose not to do anything but hide evidence or destroy it.

I dont think those actions before or after can be explained. JMO
 
  • #728
RaffertyLFP: Jury being brought back to court.

After a lengthy delay, jurors now returning to the courtroom.
 
  • #729
The <modsnip> balked at testifying and left Derstine holding a big bag of nothing!

JMO
 
  • #730
RaffertyLFP: Justice Heeney tells jury he has report jurors pursued by reporters and videotaped
 
  • #731
  • #732
shakes head
 
  • #733
Heeney tells jurors about an "upsetting event". Some members of the media recorded them leaving the courthouse on video.

Jurors must have privacy protected, he says. Heeney issues a publication ban on pictures and video. Says they will be released.

RaffertyLFP: "Nothing of this nature will happen again," judge says.

RaffertyLFP: No more evidence will be presented in case.
 
  • #734
  • #735
leave it to the media to do something so stupid. what are they thinking..
 
  • #736
RaffertyLFP: Justice Heeney tells jury he has report jurors pursued by reporters and videotaped

You have got to be kidding me! I find that hard to be believe, that the media would be exemplary in their reporting, and during the 1 day of defense, run after the jurors? Come on!

Is this what Derstine had to run by the Judge? Looking for a mistrial?
 
  • #737
Steven D'Souza &#8207; @cbcsteve
The jury is back and the defence has concluded it's case. Judge now instructing jury on upcoming schedule #sl
 
  • #738
Anyone who publishes the will be "dealt with severely".

Derstine reads an agreed apron fact. There were 326 students attending Oliver Stephens on April 8th, 2009. Derstine rests his case

Heeney tells the jury there is no more evidence.
 
  • #739
RaffertyLFP: Jury dismissed until Friday 10 a.m. when they will hear closing from defence. Monday will be the Crown's turn.

Jurors will not be back until Friday at 10 am for Derstine's closing. The crown's closing is on Monday. The jury charge will be Tuesday.

RaffertyLFP: Defence closes case.

RaffertyLFP: Judge will give his charge to jury on Tuesday

So, no more tweets until Friday, as jurors will not be at the courthouse until then.
 
  • #740
LindaNguyenPN The defence has now officially closed their case #Rafferty
 
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