5/15/2012--Sentencing

Okay here's the guy that didn't hang up on him...

Joseph Neuberger, a Toronto criminal defence lawyer, told the Globe that Mr. Rafferty has applied for a legal aid support. “If successful, then he has requested that I and my firm represent him, which we are prepared to do,” Mr. Neuberger said on Thursday.

http://www.theglobeandmail.com/news...viction-in-tori-stafford-case/article4459310/

Anything to make your name and the big bucks. Somepeople are just greedy and inthis case arsho's

As for "difficulties reaching legal counsel." It is because he had a hard time finding a firm to represent him. JMO
 
Is he getting another trial?

:floorlaugh: I am not a bit surprised to read the monster is appealing.

He MIGHT get another trial but I highly doubt it. I believe Judge Heeney was very thorough in his instructions to the jury prior to deliberations. Just because someone appeals, doesn't mean their appeal is worthy or justifiable. Desperate people do desperate things and this is exactly what MR is; besides a . He figures he may as well use the appeal system as he has got nothing to lose, only something to gain, which in MOO, he has nothing to gain. MR isn't going anywhere where he is not confined by prison walls. It is not unusual for someone to appeal. AND he actually found legal assistance willing to take him on; business must be slow for that lawyer or he wants the notoriety; maybe both. :waitasec: :moo:

Just some of Judge Heeney's instructions to the jury before deliberations in this article. HTH

Judge presents 'decision trees' to jury
UPDATE: 11:32 Justice Thomas Heeney told jurors that a police statement Terri-Lynne McClintic made to police on May 24, 2009 can be considered as evidence.

In that statement McClintic said Rafferty actually killed Stafford.

She later changed her story and testified at trial that she killed Tori, explaining that she could not accept at first she was the murderer.

Heeney said the jury will have to decide which version is true.

Heeney also noted evidence that Rafferty had a number of girlfriends he met on online dating sites. He warned them not to assume Rafferty was guilty because of overall bad character.

http://www.woodstocksentinelreview.com/2012/05/10/judge-presents-decision-trees-to-jury

Rafferty jury asks judge four questions before coming up with verdict
Read more: http://www.cp24.com/rafferty-jury-a...coming-up-with-verdict-1.808827#ixzz22S5NTZZ0

Tori Stafford jury asks judge 4th question
http://www.cbc.ca/news/canada/story/2012/05/11/tori-stafford-jury-question.html

[I]Superior Court Judge Thomas Heeney is telling the jury in his final instructions that what lawyers say isn’t evidence, and if there’s no evidence to support their suggestions, the jury should disregard them.

Heeney warned the jury on Wednesday that his instructions will be long, and may even last into Friday.[/I]

http://news.nationalpost.com/2012/0...ories-arent-evidence-in-instructions-to-jury/
 
Okay here's the guy that didn't hang up on him...

Joseph Neuberger, a Toronto criminal defence lawyer, told the Globe that Mr. Rafferty has applied for a legal aid support. “If successful, then he has requested that I and my firm represent him, which we are prepared to do,” Mr. Neuberger said on Thursday.

http://www.theglobeandmail.com/news...viction-in-tori-stafford-case/article4459310/

UUUGGGHHHH....why did this law firm answer his call.... If all lawyers refused him, Toris family could have continued to move on. Now thanks to this greedy deep pocketed lawyer, the family will have to relive this nightmare once again....if it goes to trial.


from the link above....

He has requested an extension citing difficulties reaching legal counsel.

no doubt....but he found one to represent him.....ugh
 
http://www.nrlawyers.com/Joseph-Neuberger/

Mr. Neuberger is certified by the Law Society of Upper Canada as a Specialist in Criminal Law. He has extensive trial experience in the areas of sexual and domestic assault cases, homicide, fraud, drug-related offences and impaired driving. Mr. Neuberger has successfully conducted numerous jury trials and has a unique and innate ability to address juries on serious criminal matters. In 20 years of defence work, Mr. Neuberger has successfully defended well over 400 domestic and sexual related cases. Mr. Neuberger often is retained by members of the teaching and medical profession on serious allegations, and he has considerable experience in dealing with allegations before professional discipline tribunals.

Mr. Neuberger is also retained by government agencies on high profile Public Inquiries and Inquests. Mr. Neuberger was retained by the Provincial Government to act as lead counsel on their behalf in the Cornwall Public Inquiry into historical allegations of sexual abuse in the community.
 
Okay here's the guy that didn't hang up on him...

Joseph Neuberger, a Toronto criminal defence lawyer, told the Globe that Mr. Rafferty has applied for a legal aid support. “If successful, then he has requested that I and my firm represent him, which we are prepared to do,” Mr. Neuberger said on Thursday.

http://www.theglobeandmail.com/news...viction-in-tori-stafford-case/article4459310/

I must have been responding to a post when you posted this Kamille, wondering who was desperate enough to take MR's appeal process on. :floorlaugh: Now we know and thank you for that info.

I cut and pasted a paragraph from your link and take huge consideration into the wording used by Mr. Neuberger "If successful". He makes it sound like if legal aid will support MR. Of course they will, they've already paid out big bucks to support him, what's a few more at taxpayers expense. The "If successful" I'm sure means if the appeal is successful. Why do I feel it won't be?! :waitasec: I guess one look at the pretrial reports from the appeal judges and they will see all the evidence on MR's character was allowed at that time and not quashed by the defense. They will also take into account what was not allowed to be presented about his bad character during trial such as his computer searches on how to abduct, torture little girls and child *advertiser censored*. Yep

Mikey you WERE one hell of a bad character and I'm glad the jurors found you guilty based on the evidence. BTW I bet you're being a good boy in KP. I am grateful Judge Heeney didn't allow the computer and cellphone evidence in, as this would have certainly gave you a wide open door for a successful appeal.

It makes me lol when I consider what this is appealing. Maybe when Judge Heeney called him a philandering cad, that was the straw which broke the camels back. They say the truth hurts. Poor Mikey, may you rot in your cell, shed a lot of tears over the taunting and teasing from your fellow inmates.

The judge in Mr. Rafferty’s murder trial Thomas Heeney was criticized for excluding character evidence, a decision he later defended saying the evidence was legally inadmissible because it breached Mr. Rafferty’s Charter rights.
 
UUUGGGHHHH....why did this law firm answer his call.... If all lawyers refused him, Toris family could have continued to move on. Now thanks to this greedy deep pocketed lawyer, the family will have to relive this nightmare once again....if it goes to trial.


from the link above....

He has requested an extension citing difficulties reaching legal counsel.

no doubt....but he found one to represent him.....ugh

Keep in mind, lawyers always has a very impressive resume/portfolio. Look at Derstine as a good example. :rocker: :moo:
 
If he gets a new trial does all the evidence get to be used?

Yes the evidence is used again and anything new; if there is anything new. Oh excluding anything which would show to his BAD character ;) . I guess there goes most of the evidence then, as everything about this case shows MR as a bad character. HTH
 
In the document, filed with the Court of Appeal of Ontario on July 26, Rafferty says "the jury failed to apprehend the evidentiary requirement to convict for first-degree murder." He also says Justice Thomas Heeney failed to properly instruct the jury.

Rafferty also writes that he missed the 30-day deadline to appeal because he had difficulty accessing a telephone to contact legal counsel. Michael Rafferty was found guilty of first-degree murder, sexual assault causing bodily harm and kidnapping.
Rafferty says he would prefer a trial by jury, if a second trial is ordered.


During the sentencing hearing, Justice Heeney called Rafferty a "monster" and defended his decision to exclude the character evidence, saying that doing otherwise would have demonstrated a "fundamental misunderstanding" of the basic concepts of Canadian law.

Heeney said character evidence has unduly influenced juries in the past.


http://www.cbc.ca/news/canada/story/2012/08/02/michael-rafferty-conviction-appeal.html
 
I was so happy to think I was able to let go of this case when MR did not file on time, assuming he knew his goose was cooked and not going to fight knowing that all the facts came out and would forever seal his fate. Now to wake up to MR's attempt to drag his fate out. Get real MR you arent going anywhere, there is no way that you will ever step foot on Canadian soil a free man. Can I have some of what you are smoking!

Im sorry Tori, a little bit longer sweetie
 
If it can be proven that Rafferty utilized the phone since May 11, 2012, then his argument about why he was late filing is null and void, IMO.
*

He probably used the phone to call his mommy.

I highly doubt corrections did not allow an inmate to use the phone to call his lawyer.
 
Rafferty had until the end of the day Thursday (June 14th) to serve notice of an appeal, and officials with the Ontario Court of Appeal tell AM980 no such notice was received.

A motion for an order to extend the 30 day window to file an appeal notice can still be submitted at a later date, although there are no guarantees the request would be granted.

http://www.am980.ca/channels/news/local/Story.aspx?ID=1722095

perhaps he filed for an extention to the 30 day window....

I agree FF, he must've filed an extension to appeal and used the excuse he couldn't file notice to appeal because he couldn't access a phone. What a bunch of crap, I can't believe a judge would believe he couldn't access a phone. I hate this .

Here we go again with this in the news and in the court system, I am sick of hearing about this , I am so MAD. I couldn't believe what I was reading on the news today, but I was expecting it.
 
Not sure. I'll bet my hat he is denied and I'll bet my hat if he can appeal further he will. What's he got to lose.

If he is denied an appeal at the provincial appeals court, I think he can appeal to the supreme court of canada. But after that, there is no more appeals if he is denied that as well. Don't quote me on that tho, I don't know if there is another appeal step between the provincial court of appeal and the supreme court of canada.
 
Love his quote from above link
“jury failed to apprehend the evidentiary requirement to convict for first-degree murder.”
No Rafferty this Jury got it. This was not Pinellas 12. I really thought his first appeal would be based on the Standard "No change of Venue". Maybe with this one he felt "smarter" :floorlaugh:

I thought he would appeal TLM's admission of her first confession, I never thought his appeal would include that the judge failed to properly instruct the jury, that doesn't make sense, he's grasping at straws, I wonder who is representing him. Maybe he got an inexperienced court appointed lawyer who thought that would be a good reason to appeal. UGH UGH, I hate this !!!

Thanks Kamille for the post about who would be representing him if he gets legal aid.
 
I must have been responding to a post when you posted this Kamille, wondering who was desperate enough to take MR's appeal process on. :floorlaugh: Now we know and thank you for that info.

I cut and pasted a paragraph from your link and take huge consideration into the wording used by Mr. Neuberger "If successful". He makes it sound like if legal aid will support MR. Of course they will, they've already paid out big bucks to support him, what's a few more at taxpayers expense. The "If successful" I'm sure means if the appeal is successful. Why do I feel it won't be?! :waitasec: I guess one look at the pretrial reports from the appeal judges and they will see all the evidence on MR's character was allowed at that time and not quashed by the defense. They will also take into account what was not allowed to be presented about his bad character during trial such as his computer searches on how to abduct, torture little girls and child *advertiser censored*. Yep

Mikey you WERE one hell of a bad character and I'm glad the jurors found you guilty based on the evidence. BTW I bet you're being a good boy in KP. I am grateful Judge Heeney didn't allow the computer and cellphone evidence in, as this would have certainly gave you a wide open door for a successful appeal.

It makes me lol when I consider what this is appealing. Maybe when Judge Heeney called him a philandering cad, that was the straw which broke the camels back. They say the truth hurts. Poor Mikey, may you rot in your cell, shed a lot of tears over the taunting and teasing from your fellow inmates.

The judge in Mr. Rafferty’s murder trial Thomas Heeney was criticized for excluding character evidence, a decision he later defended saying the evidence was legally inadmissible because it breached Mr. Rafferty’s Charter rights.

Swedie, I think he means if he's successful in retaining legal aid. He may not be able to get legal aid.
 
He probably used the phone to call his mommy.

I highly doubt corrections did not allow an inmate to use the phone to call his lawyer.

BBM

I doubt it too. I hope the appeal court can see through that lie as well.

I'm curious if this is an extension to file or an actual notice of appeal?
 
from:
http://www.calgaryherald.com/news/n...files+notice+murder+appeal/7037057/story.html

but will first need a judge's permission to have his appeal heard,


So, at least there are two hurdles he has to jump ... firstly, a judge has to approve the extension (which may or may not happen), and hopefully the good Judge will turf it before it even gets to the second hurdle which is the Appeal court itself (which may or may not be successful).

LOL ... i think the first judge should turf it based on two technicalities:

"The jury failed to apprehend the evidentiary requirement to convict for first-degree murder," according to his handwritten notice.

The second ground claims "the honourable judge failed to properly instruct the jury."

(do we assume he meant "comprehend"? LOL)

And his dates are just wrong:

Although the notice lists his conviction date as "May 9 or 10, 2012," Rafferty was convicted May 11 of

The Honourable Judge Sillybilly of the Court of Websleuths has determined that this extension not be granted. :denied: Court adjourned :)
 
TORONTO - Child killer Michael Rafferty is hoping to have his first-degree murder conviction set aside and a new jury trial ordered, but will first need a judge's permission to have his appeal heard, court records show.
Rafferty, who is serving a life sentence in Kingston Penitentiary for raping eight-year-old Tori Stafford and murdering her, raises two grounds in his inmate notice of appeal.
"The jury failed to apprehend the evidentiary requirement to convict for first-degree murder," according to his handwritten notice.
The second ground claims "the honourable judge failed to properly instruct the jury."
However, Rafferty, 31, was late filing his appeal notice, meaning he will need permission to press his case, which will be heard automatically if a time extension is granted.

http://www.winnipegfreepress.com/ca...-files-notice-of-murder-appeal-164894136.html
 
Maybe he got an inexperienced court appointed lawyer who thought that would be a good reason to appeal. UGH UGH, I hate this !!!
<rsbm>

A law firm would not have made those errors, so that tells me the request for the extension was done by MR himself.
 

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