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

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Derstine suggests driving someone to a crime does not make a person guilty if they knew nothing of the crime.

RaffertyLFP: Derstine tells jury that an accomplice in a crime must have "signed up" for a specific crime - not responsible for different crime

What other business did either one of them have to be in Mount Forest?
 
RaffertyLFP: Derstine said Crown must prove that Rafferty did something that led to death of Tori and he did it with intent

The guilty mind aspect must also be proven beyond a reasonable doubt.
 
M980_Court The guilty mind aspect must also be proven beyond a reasonable doubt.
 
RaffertyLFP: Derstine tells jury that an accomplice in a crime must have "signed up" for a specific crime - not responsible for different crime i [via Twitter]



hahaha.....a legal contract? hahahaha
 
RaffertyLFP: Derstine said jury must be convinced that Rafferty knew what was going on "beyond a reasonable doubt"

Derstine suggests the "guilty mind" aspect is key. Notes Rafferty didn't know about the kidnapping.
 
No kidding he won't. You can bet that if they were helpful to MR in the least that Derstine would be going through them like a mother with a fine-tooth comb on a lice filled kid's head.

Hmm, not my finest analogy, but you get my point. He's not going to go over them because they help the crown not the defense.

brighidin, very good observation (and colourful analogy)!
 
Linda Nguyen ‏ @LindaNguyenPN
McClintic was the one who kidnapped #toristafford and bought the "murder tools" used to kill the little girl, he says

So he is guilty then because he gave her the MONEY to buy the MURDER TOOLS!!!! OMG
 
Actually, I do believe there is circumstantial evidence that shows TLM did swing the hammer.

The pathologist said the claw end of the hammer was used several times.

That indicates TLM swung the hammer..........as MR knew the proper way to swing a hammer.

Hammers are for nailing nails, not killing children. So even if someone used the hammer non-claw side to kill someone it was not used properly! That means nothing. Apparently the claw did what the murderer wanted it to do.....

JMO of course.
 
Steven D'Souza ‏ @cbcsteve
Derstine tells jury that a fundamental question is what was in #Rafferty's mind when events took place.



<shudder>
 
RaffertyLFP: Rafferty said McClintic knew that the CASS and Home Depot made her "deeply enmeshed" in case

RaffertyLFP: Derstine said McClintic has an "alarming propensity for violence"

McClintic was self serving, he says. Even though she pleaded guilty, she lied to police and at trial.

When she told police Rafferty hit Tori with a hammer, the lies were detailed, Derstine notes.

He brings up McClintic's history of violence, despite how she appeared in court.
 
RaffertyLFP: Derstine said Crown must prove that Rafferty did something that led to death of Tori and he did it with intent

The guilty mind aspect must also be proven beyond a reasonable doubt.

How about he drove the car there??!!!
 
IMO ...wow! ..explain MR gym bag please Mr. defense ..how does tori's blood and MR. sperm ( that forensiac evidence) ...just appear on back door of your Clent;s honda car..IMo ...I feel there needs to be an explanation????...my strong opinion ..or is the JURY AExpected to IGNORE THIS ONE...my thoughts ???
 
If Derstine convinces the jury to disregard TLM's testimony as unreliable........the Crown doesn't have much else to convict.

JMO.........

The crowns case was based on actual evidence backing up TLM's testimony so I am hopeful that the jury will not/ can not disregard all the evidence. Derstine has not presented any real evidence to support his statement. They are just statements!! Who will the jury believe ..we will soon see!!
 
If Necro is mentioned I am going to drink.

Derstine is saving the Necro music for the end, as a little parting music. lol. I know the Necro obsession is actually laughable. MOO.
 
RaffertyLFP: Rafferty said McClintic seems like a "nice young woman" but capable of savage violence

RaffertyLFP: Derstine said McClintic's journal is "sickeningly violent"
 
Linda Nguyen &#8207; @LindaNguyenPN
Jury needs to ask themselves whether #Rafferty knew what McClintic was really doing when he drove her and #ToriStafford, says Derstine
 
NOTHING proves who swung the hammer....... even the experts said so. <modsnip>. Women know how to swing hammers too.

Wish I could thank you more than once for this!

I'm not quite certain that there is a 'proper' way to swing a hammer to kill a child, is there? I think that in a moment such as that, whatever darn way one happened to grab the hammer would suffice... I think it is illogical to suggest that someone in the act of beating a child with a hammer would care about proper technique.
 
McClintic's thoughts are "sickeningly violent" brings up her letters.

RaffertyLFP: Derstine reads from McClintic's journal "loved to see blood pour" - Murderous *****es
 
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