Trial Thread 10 May 2012 - Judge's Instructions and maybe deliberations!

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RaffertyLFP: He explains direct evidence is watching and feeling rain on your face Circumstantial is finding puddles on ground and assuming it rained
 
AM980_Court Heeney says only evidence seen in the courtroom can be considered. Questions from lawyers are not evidence, unless adopted by a witness.

...starting tweets for the day ...just signed in rockin robynhood!...smile
 
Steven D'Souza ‏ @cbcsteve
Judge: Circumstantial evidence – you can draw inferences from circumstantial evidence, but must be reasonably and logically drawn
 
RaffertyLFP Heeney explains difference between direct and circumstantial evidence
 
~n/t~ said:
WTF?


Avery Moore ‏ @AveryFreeFMNews
Jury back. Justice Heeney clarifies that there were three DNA profiles on #Rafferty's gym bag. One could have been Tori, may not be blood.
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That's certainly refreshing ... it's fantastic that the Judge is ensuring that the crown's case factually correct, including the closing arguments. The defence can fabricate whatever they want, but the crown will only work with the facts. That's certainly a point for the integrity of justice system.
 
RaffertyLFP He explains direct evidence is watching and feeling rain on your face Circumstantial is finding puddles on ground and assuming it rained
 
AM980_Court Heeney says only evidence seen in the courtroom can be considered. Questions from lawyers are not evidence, unless adopted by a witness.
 
Sailor Bug said:
Heeney is "helping you make a decision, not telling you what decision to make".

RaffertyLFP: Heeney tells jury that that they are judges in the trial just like him He conducts the trial - they are the judges of fact

RaffertyLFP: Heeney said the jury must follow all the legal rules that apply to their process even if they disagree
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I find this so refreshing ... it reminds me of a recent case in Italy ... the jury are the judges of the case and, regardless of their opinions, they must stick to the facts.
 
AM980_Court Heeney says circumstantial evidence can support more than one reasonable conclusion.
 
otto said:
That's certainly refreshing ... it's fantastic that the Judge is ensuring that the crown's case factually correct, including the closing arguments. The defence can fabricate whatever they want, but the crown will only work with the facts. That's certainly a point for the integrity of justice system.
Click to expand...

LONDON, ONT.— Science took centre stage at theTori Stafford murder trial Wednesday as the Crown presented, perhaps, the single most important piece of evidence in the case: a mixed sample of DNA found from Michael Rafferty’s blue and green Goodlife Fitness gym bag.

Blood stains on the bottom surface of the bag were determined to be a mix of DNA from three people, two of those nearly certainly Rafferty and Tori, said a scientist with the Centre for Forensic Sciences in Toronto.

Rafferty can’t be excluded, Tori can’t be excluded from the sample, Jennifer McLean said in forensic lingo. She added the chance that it was from anyone other than Tori was 1 in 28 billion.

http://www.thestar.com/news/crime/ar...y-s-trial-told
 
Heeney says circumstantial evidence can support more than one reasonable conclusion.

RaffertyLFP: Heeney says questions asked by lawyers are not evidence unless a witness agrees the suggestion in the question is true.
 
Steven D'Souza ‏ @cbcsteve
Judge: Questions of lawyers not evidence, unless witness adopts the proposition of fact in answer.
 
affertyLFP Heeney says questions asked by lawyers are not evidence unless a witness agrees the suggestion in the question is true.
 
RaffertyLFP: Heeney noted that Derstine made a number of suggestions to McClintic about what happened to Tori. Heeney said McClintic said no to all

Heeney says to the jury series of rapid fire questions by Derstine to McClintic suggesting events of April 8th are not evidence.

McClintic said no to each of his questions.
 
RaffertyLFP Heeney noted that Derstine made a number of suggestions to McClintic about what happened to Tori. Heeney said McClintic said no to all
 
Sailor Bug said:
RaffertyLFP: He explains direct evidence is watching and feeling rain on your face Circumstantial is finding puddles on ground and assuming it rained
Click to expand...

What a refreshing, clear cut metaphor for the distinction between the two types of evidence! I've read so many descriptions on this forum over the years, but that description leaves no doubt as to meaning.
 
AveryFreeFMNews Judge reminds the jury that the suggestions the defence made to McClintic that she denied are not evidence. Must be disregarded. #Rafferty
 
Steven D'Souza ‏ @cbcsteve
Defence's theory of Rafferty as innocent dupe, came out in his questions, which McClintic didn't accept so Judge says its not evidence
 
AveryFreeFMNews Defence's suggestion that Rafferty was an innocent dupe and McClintic the 'engine' are not evidence. McC didn't adopt the ideas.
 
Court transcript costs might be quite high, even if they would agree to provide only a small specific portion for example a day's worth imo. I've never ordered a transcript for a trial like this though, and haven't in many years, so am not sure about current costs or process requirements.
 
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