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

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Steven D'Souza ‏ @cbcsteve
Derstine: “Are those the actions of someone who believes there’s a kidnapped little girl in the car?”

Steven D'Souza ‏ @cbcsteve
Derstine questions why #Rafferty would go to public places/suburbs, if he was in on McClintic's plan

If I was on the jury, I'd be answering this in my head by thinking that Rafferty was like a lot of killers who think they're too smart to ever get caught. "Everythings comming my way."
 
I'm confused... why is he making the argument that TLM is guilty? We all know that... she confessed... why rehash that? Of course, she could have stopped it... she didn't... but neither did MR, and that what is important in these proceedings.

TLM is not on trial here.

He's trying to confuse the jury so they won't focus on the fact that Rafferty did nothing to return Tori to Woodstock unharmed.MOO
 
RaffertyLFP: Derstine said Tori had relatives in neighborhood McClintic had ties to mother Was she picked at random? [via Twitter]
 
LindaNguyenPN McClintic had multiple opportunities to call for help during abduction but didn't. Derstine says this proves she was "engine" behind event
 
Or......looking at it the other way, how does TLM buying the hammer, confessing to using the hammer, and pathology proof the claw end of the hammer was used at least 3 times before the death blows were delivered by the heavy end of the hammer...............show that MR did it?

JMO

Regardless of who dealt the fatal blows, I don't recall that the pathologist or anyone testified as to which order those blows were administered, however ...

Swing / swung ... back and forth ... swing in one direction results in the hammer head ... swing back results in the claw end.

JMO
 
RaffertyLFP: Derstine said Tori had relatives in neighborhood McClintic had ties to mother Was she picked at random? [via Twitter]

So what if TLM chose Tori. She got to pick the child and Rafferty didn't have to know why she chose that particular one--if indeed TLM was doing a payback. MOO.
 
Steven D'Souza ‏ @cbcsteve
Derstine questioning McClintic's take that taking Tori was randon. Eg., of the 15+ schools in Woodstock, they picked one McClintic knew
 
LindaNguyenPN McClintic had multiple opportunities to call for help during abduction but didn't. Derstine says this proves she was "engine" behind event

So did Rafferty.MOO
 
So what if TLM chose Tori. She got to pick the child and Rafferty didn't have to know why she chose that particular one--if indeed TLM was doing a payback. MOO.

Exactly. What does Rafferty's role have to do with whether TLM and Tori had previously crossed paths or not?
 
RaffertyLFP: Derstine deals with testimony about abduction of Tori all points to McClintic [via Twitter]
 
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.

TLM only confessed to the murder because she didn't know if LE had recovered the hammer with her fingerprints all over it. She thought by confessing she could avoid testifying at MR's trial.

I can believe that is why she changed her testimony on who killed TS, or believe she had an overwhelming urge to confess after 3 years.

JMO........

Knowing which side of a hammer to use does not prove which one of them did it. I know how to properly swing a hammer, but I have used the claw end to break stuff. Not humans, of course!!! But it was effective. The claw is sharp. If hit at the right angle, it does break wood. It appears to have the same effect on humans, unfortunately.
And who says TLM didn't know how to swing a hammer? Has there been testimony to suggest this?


JMO



(eta: wow, I am farther behind than I thought! Sorry!)
 
RaffertyLFP: Derstine says McClintic's story that she picked up Tori and random and spoke to her friendly fashion not believable [via Twitter]
 
Seriously thought crown is going to completely shred up everything he has just said. Its endless jibber jabber.

Man he should have taken the stand. JMO

This is not looking good for him at all.
 
LindaNguyenPN McClintic had multiple opportunities to call for help during abduction but didn't. Derstine says this proves she was "engine" behind event

Such strange statements to make. MR did not call for help either before or after the murder. So does that means he is the engine as well behind the murder? Derstine is making these mistakes left right and center. JMO
 
RaffertyLFP: Derstine said Tori would not have followed a stranger she doesn't know and didn't speak to her [via Twitter]
 
Let's hope the jury has enough sense to know that an 8 year old child would be crying/begging to go home if they weren't supposed to be where they are.

There is no way on Earth that Tori was not upset about being in that vehicle. The "MR didn't know Tori was held against her will" argument will not work with anyone that knows any little thing about children. Also BA said she didn't see Tori in the vehicle at her house. This only means that Tori was hidden. If you are casually babysitting a child you do not hide them.

I took a wrong turn one day and my kids were freaking the hell out! And I am their mother!

JMO of course.
 
"Of course" the woman seen by the grandmother and crown witness were the same person, Derstine says.

A crown witness had the same description though. Noted Tori and the woman were not communicating, which is NOT what McClintic said.

"The crown would have you believe she (the defense witness) got this totally wrong."

McClintic walked like she was on a mission, the defense witness said. Derstine suggests Tori was targeted.

McClintic knew Tori's mother and her boyfriend. Derstine calls that a "shocking" coincidence.

But school picked very close to McClintic's home. Tori lived and went to school near McClintic's aunt's home.

Derstine says McClintic says she didn't know Tori. There were 15 schools in Woodstock. Oliver Stephens picked at random. She says.

In the parking lot, Rafferty parked in a high traffic area. Derstine suggests he would move if he thought he had a kidnapped kid.

Video shows McClintic moving through the Home Depot quickly, he says.

Derstine says a Home Depot is a very big place. McClintic was in and out in 8 minutes. Derstine says that is quick.

Why would he do this with a woman he hardly knows?

If Rafferty had a kidnapped child, why would he go to such public places. Rafferty left Tori and McClintic alone multiple times.

During April 8th, the Rafferty seemed to drive around aimlessly. Why would he go to a busy Tim Horton's? Or chat with a drug dealer?

Derstine says McClintic was "much, much more deeply" involved in the events.

McClintic was the "engine", Derstine says. She could have stopped the kidnapping at Home Depot, if she wanted too. Bought a hammer instead.
 
RaffertyLFP: Derstine said McClintic denied walking ahead and not talking to Tori - sez that contradicted by eyewitnesses [via Twitter]
 
AM980_Court McClintic said she and Tori conversed the whole time they were walking. Derstine says this evidence goes against that.
 
Derstine suggests a stranger may not have been able to lure Tori.

McClintic said she and Tori conversed the whole time they were walking. Derstine says this evidence goes against that.
 
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