5/15/2012--Sentencing

Sorry if this has been asked before, but how long will this appeal process possibly take? Are we talking months or years before we know if one will be granted?
 
Sorry if this has been asked before, but how long will this appeal process possibly take? Are we talking months or years before we know if one will be granted?

The guest lawyers on different news networks said it may take up to a year just to find out if he gets an extension. Once the extension is allowed, the appeal will proceed automatically. The appeal is could take up to another year or it may go faster, dunno. But you know how slow the wheels of justice are in Canada, gosh it took three years to get to his trial...
 
The guest lawyers on different news networks said it may take up to a year just to find out if he gets an extension. Once the extension is allowed, the appeal will proceed automatically. The appeal is could take up to another year or it may go faster, dunno. But you know how slow the wheels of justice are in Canada, gosh it took three years to get to his trial...

Waste of time, waste of money, waste of skin....I wish we had the death penalty for these sorry SOB.
 
I'm normally against the death penalty for various reasons (it is an easy way out, not real punishment... but I won't get into it)... but in this case, I do wish we had it. This creep is going to keep trying everything he can to torture the family of his victim. That is all he is doing now. And he will use every resource that he is given to make sure he can continue having his "fun". It is sick, and somebody needs to put a stop to it. When will these people stop having more rights than their victims and the families of the victims?!??!?!?! :banghead: :maddening:
 
I'm normally against the death penalty for various reasons (it is an easy way out, not real punishment... but I won't get into it)... but in this case, I do wish we had it. This creep is going to keep trying everything he can to torture the family of his victim. That is all he is doing now. And he will use every resource that he is given to make sure he can continue having his "fun". It is sick, and somebody needs to put a stop to it. When will these people stop having more rights than their victims and the families of the victims?!??!?!?! :banghead: :maddening:

My thoughts exactly....that SOB said in his own words that he was responsible for Tori not being here today, so why the appeal....he is where he belongs!!!!!!! ROT IT HELL RAFFERTY!!!!!!
 
OK so basically this is saying the jurors are stupid and didn't understand the judges instructions to them, didn't know how to follow instructions from the judge. The judge didn't instruct them properly blah, blah, blah. The is desperate and will forever remain desperate because he won't be going anywhere outside of prison walls for the remainder of his life. The evidence was presented, the jurors listened and used their common sense based on the information and evidence given. It was and still is blatantly obvious MR was the instigator behind Tori's death. It was deliberate, premeditated and his past shows he is a sexual deviant, he is were he belongs and where he will die.

There would be no need for the death penalty if our government would stop protecting these monsters and put them in with the general population or at least house them with their like minded kind. It's that simple. When you break the law as serious as this, you should have no rights. JMHO.
 
<RSBM>

I am humbled and angry that MR is smarter than I am. DAMN !! :)

:floorlaugh: SB you're silly! This is as stupid as they come...and pure evil. Thanks for the laugh of the day SB!
 
OK so basically this is saying the jurors are stupid and didn't understand the judges instructions to them, didn't know how to follow instructions from the judge. The judge didn't instruct them properly blah, blah, blah. The is desperate and will forever remain desperate because he won't be going anywhere outside of prison walls for the remainder of his life. The evidence was presented, the jurors listened and used their common sense based on the information and evidence given. It was and still is blatantly obvious MR was the instigator behind Tori's death. It was deliberate, premeditated and his past shows he is a sexual deviant, he is were he belongs and where he will die.

There would be no need for the death penalty if our government would stop protecting these monsters and put them in with the general population or at least house them with their like minded kind. It's that simple. When you break the law as serious as this, you should have no rights. JMHO.

BBM

That, and he's saying the jury failed to understand the evidence required to convict of first-degree murder. So this , is saying the evidence didn't support a 1st degree murder conviction, and that Judge Heeny didn't instruct the jurors properly on what is needed to convict for 1st degree murder.
 
&#8216;I&#8217;ll be damned if he&#8217;s going to shake us again&#8217;: Tori Stafford&#8217;s family dismayed by Michael Rafferty&#8217;s appeal

According to his inmate notice of appeal, which will first need a judge&#8217;s permission to be heard, Rafferty wants to appear in person rather than have the case decided in writing.

Because Rafferty, 31, was late filing his appeal notice, he will need permission to press his case, which will be heard automatically if a time extension is granted.

In his application &#8212; filed more than the 30 days normally allowed &#8212; Rafferty explains why he needs the extension.

&#8220;I have tried to initiate this appeal as quickly as possible,&#8221; he wrote in his appeal notice dated June 26 but only sent to the court a month later.

&#8220;But my inability to use the telephone to contact legal counsel prevented me from doing so.&#8221;

An Ontario Appeal Court official said it would &#8220;probably take a while&#8221; for a decision on the extension because a trial transcript and exhibits need to be gathered to send to the deciding judge.

Normally, the Crown consents to the extension and the judge grants it unless the delay is deemed unjustifiable. In that case, the Crown may object and a judge would decide after hearing submissions, usually in writing.

Because Rafferty is arguing legal errors, if he continues with a full appeal it will be automatically heard if the time extension is granted.

To avoid prejudice to the accused, Heeney did not allow the jury to hear evidence seized from Rafferty&#8217;s laptop, which included child *advertiser censored*, torture videos and a movie about the abduction of a girl.

http://news.nationalpost.com/2012/08/03/micheal-rafferty-stafford-appeal/

Evidence was that McClintic lured the Grade 3 student to Rafferty&#8217;s car. They then drove her to a secluded area where he raped her. One of them then smashed her head in with a hammer before burying her body under garbage bags and a pile of rocks.

http://fullcomment.nationalpost.com/2012/05/10/tori-stafford-michael-rafferty-evidence/

There was plenty of other evidence about Mr. Rafferty, chiefly that he had a penchant for sexual choking, that the jurors never heard because prosecutors didn&#8217;t try to have it admitted.

They had lined up no fewer than 12 women &#8212; not counting Terri-Lynne McClintic herself &#8212; who would have testified about Mr. Rafferty&#8217;s fondness for choking out his partners.

Not all of these episodes were consensual, prosecutors said in a so-called &#8220;bad character&#8221; factum that was filed with the court but never argued in full.

Indeed, Mr. Rafferty actually had one of his reluctant partners sign a waiver, giving him consent to choke her. &#8220;I agree to what Mike and I are doing tonight, sexual choking and passing out and other things,&#8221; it read.

The sexual choking had some real significance given Ms. McClintic&#8217;s evidence &#8212; in her first version of the killing, when she claimed it was Mr. Rafferty who did it &#8212; that she had heard a &#8220;gurgling&#8221; sound coming from Tori in the moments before her death.

She interpreted that to mean the little girl was being choked, a practice with which she was not unfamiliar.


Maybe one day we might know the truth as to who delivered the blow to Tori. I believe without the hammer blows Tori would have died anyhow as I believe MR choked Tori before throwing her to the ground outside his car. What makes me believe this is according to TLM, Tori was making gurgling sounds when she came over to Tori lying on the ground. These sounds were because Tori was more than likely suffering from internal bleeding and she was drowning in her own blood. MR was known to have a penchant for choking women. Too bad the jurors were not privy to this information as that information would have also been a deciding factor in the first degree murder conviction. These things show MR is responsible for Tori's demise: The initiated the abduction, he had TLM purchase the murder weapon with his money, he raped her and IMO choked her. He probably delivered the kicks and hammer blows. It all sounds premeditated on MR's part. He knew what was going to happen from start to finish. May he suffer greatly for his evil, deviant actions. The bottom line is, they are both responsible, they are where they belong and hopefully for the rest of their pathetic lives. MOO

Nothing will bring this sweet precious child back. Nothing will alleviate the pain and sorrow her loved ones have to endure for the rest of their lives. Forever in my heart sweet Victoria.
 
I'm normally against the death penalty for various reasons (it is an easy way out, not real punishment... but I won't get into it)... but in this case, I do wish we had it. This creep is going to keep trying everything he can to torture the family of his victim. That is all he is doing now. And he will use every resource that he is given to make sure he can continue having his "fun". It is sick, and somebody needs to put a stop to it. When will these people stop having more rights than their victims and the families of the victims?!??!?!?! :banghead: :maddening:

Just finished reading "The Dating Game Killer" true story about Rodney Alcala. If you think the wheels of justice are slow now--they literally sided with a rapist and killer and allowed him many appeal and retrials. This was before DNA testing was perfected.
 
Sorry if this has been asked before, but how long will this appeal process possibly take? Are we talking months or years before we know if one will be granted?

Michael Rafferty notice of appeal first step in long process

“I would think he has very little chance of succeeding in the appeal,” said Peter Rosenthal, a professor at the University of Toronto’s Faculty of Law. “His grounds listed do not offer much hope for success.”

Rafferty’s first ground for appeal, “the jury failed to apprehend the evidentiary requirement to convict for 1st degree murder,” may be phrased as “the jury's verdict was unreasonable,” according to Rosenthal.

While that could be true, “courts have uniformly said that there is a heavy burden on an Appellant to establish that a jury verdict was unreasonable,” he says.

The second basis of Rafferty’s notice of appeal, “The Honourable Judge failed to properly instruct the jury,” also provides a problem for Rafferty, according to Rosenthal – not for what it says, but for what it lacks.

As the notice of appeal states “particulars of the alleged misdirection must be set out in this notice,” and as Rosenthal points out “that has not been done.”


http://www.globalnews.ca/canada/chance+of+appeal/6442691499/story.html
 
Just finished reading "The Dating Game Killer" true story about Rodney Alcala. If you think the wheels of justice are slow now--they literally sided with a rapist and killer and allowed him many appeal and retrials. This was before DNA testing was perfected.

IMHO I hope the wheels of justice will be slow, very slow, extremely slow for the next 25 years because MR is exactly where he belongs. :floorlaugh: :jail: He will not be released pending his appeal. HTH and JMO.
 
He did appeal after all? Holy crap, I need to go back and read the thread since the last time I was here!

I need help on an off-topic thing again. Someone on another message board I frequent is missing her dad. His name is James Lund, and he was in the Washington/Oregon area. His last cell phone ping was from yesterday at 3 a.m. in the Warm Springs Reservation area. I feel awful for her, and I want to help. I suggested she post about it here, but her account is waiting to be approved. What should I do to help her? Where should I post? Please let me know, or if someone already knows, please go ahead and post about it. Here is the link to where she talks about it (hope this is okay): http://freejinger.org/viewtopic.php?f=10&t=12079&p=351260#p351260

I PM'd Salem, but then it occurred to me that she might be on holidays or something.
 
He did appeal after all? Holy crap, I need to go back and read the thread since the last time I was here!

I need help on an off-topic thing again. Someone on another message board I frequent is missing her dad. His name is James Lund, and he was in the Washington/Oregon area. His last cell phone ping was from yesterday at 3 a.m. in the Warm Springs Reservation area. I feel awful for her, and I want to help. I suggested she post about it here, but her account is waiting to be approved. What should I do to help her? Where should I post? Please let me know, or if someone already knows, please go ahead and post about it. Here is the link to where she talks about it (hope this is okay): http://freejinger.org/viewtopic.php?f=10&t=12079&p=351260#p351260

I PM'd Salem, but then it occurred to me that she might be on holidays or something.

Perhaps this thread will assist? keep us posted,
[ame="http://www.websleuths.com/forums/forumdisplay.php?f=188"]Families of the Missing-Resources, helps, tips - Websleuths Crime Sleuthing Community[/ame]
 

Thanks, Bravo. Salem actually got back to me almost right after I posted that. He was found--he had committed suicide. :( I feel so bad for his daughter. I "know" her from another site.

ETA: Something on-topic...Rafferty's request for an appeal (or extension?) sounds like the desperate scrabblings of someone who has nothing to lose. I hope nothing comes of it, and that it's decided quickly.
 
Thanks, Bravo. Salem actually got back to me almost right after I posted that. He was found--he had committed suicide. :( I feel so bad for his daughter. I "know" her from another site.

ETA: Something on-topic...Rafferty's request for an appeal (or extension?) sounds like the desperate scrabblings of someone who has nothing to lose. I hope nothing comes of it, and that it's decided quickly.

So very sorry to hear the news of suicide. Yes Rafferty has 2 hurdles. Even if he is granted the extension i think thats as far as it will go. Even tho we don't like it. Convicts are afforded the right to appeal. Guess he is bored already in the knew digs. Or scared chitless. I'm going with the latter :giggle:
 
The video is a recap of Tori's fate. This video brought tears to my eyes and gave me goosebumps terribly. I pray everyday MR suffers for what he did to this precious little girl.

Hours after the guilty verdict was handed down, many Woodstock residents wondered if it was time to bring back the death penalty for those convicted of murdering children.

Now it seems many people in Woodstock are done questioning and now want Rafferty dead.

The 32-year-old now sits in solitary confinement at the Kingston Penitentiary.:floorlaugh::floorlaugh: (I just had to add them). He filed appeal documents Thursday well after his 30-day appeal period ended.


http://www.torontosun.com/2012/08/03/news-of-rafferty-appeal-sparks-outrage-in-toris-hometown
 
So very sorry to hear the news of suicide. Yes Rafferty has 2 hurdles. Even if he is granted the extension i think thats as far as it will go. Even tho we don't like it. Convicts are afforded the right to appeal. Guess he is bored already in the knew digs. Or scared chitless. I'm going with the latter :giggle:

I totally agree with you Bravo. Desperate people do desperate things. That's all he is. I guess if he's going to maintain "I didn't do it", he'd better file the appeal. Also it will be on his record come time for him to file for parole. It's all about maintenance on his part I'm guessing. Oh yes and more than likely, like you say he's bored and scared *****less in his new digs. He may as well get comfy because I think he's going to be there for the rest of his pathetic life. :moo:
 

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