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05-10-2012, 09:59 AM
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RaffertyLFP: Heeney says the Crown is not liable for all the statements made by witness - some parts of testimony may be unreliable
RaffertyLFP: Heeney says he is breaking his charge into one hour segments - jokes that jurors will likely be watching the clock
Heeney says they are allowed to believe all, some or none of what a witness says
Heeney says there will be hourly breaks so jurors can prepare "as we all watch the clock".
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05-10-2012, 10:02 AM
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Quote:
Originally Posted by snoofer
Were the jurors allowed to watch tv and internet while the trial was on BEFORE deliberations?
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Neither. They are not allowed to have any contact with any information related to the case at any time during the trial.
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05-10-2012, 10:03 AM
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Steven D'Souza @cbcsteve
Judge tells jury he'll be speaking in one-hour segments. Cracks a joke about people watching the clock
Avery Moore @AveryFreeFMNews
Judge says jury may believe all, none or some of what a witness said, depending on credibility and reliability of the witness
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05-10-2012, 10:04 AM
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Heeney says only evidence seen in the courtroom can be considered. Questions from lawyers are not evidence, unless adopted by a witness.
RaffertyLFP: Heeney says statements of lawyers of himself are not evidence only statements of witnesses and exhibits filed are evidence
RaffertyLFP: Heeney explains difference between direct and circumstantial evidence
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05-10-2012, 10:04 AM
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Steven D'Souza @cbcsteve
Crown: Not a numbers game, can’t decide this based on who called most number of witnesses. Credibility and reliability, not quantity
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05-10-2012, 10:06 AM
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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
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05-10-2012, 10:06 AM
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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
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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05-10-2012, 10:07 AM
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Steven D'Souza @cbcsteve
Judge: Circumstantial evidence – you can draw inferences from circumstantial evidence, but must be reasonably and logically drawn
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“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.”
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05-10-2012, 10:07 AM
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RaffertyLFP Heeney explains difference between direct and circumstantial evidence
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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Rodney Stafford; Victoria's Dad
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05-10-2012, 10:08 AM
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Quote:
Originally Posted by ~n/t~
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.
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05-10-2012, 10:08 AM
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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
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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Rodney Stafford; Victoria's Dad
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05-10-2012, 10:09 AM
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AM980_Court Heeney says only evidence seen in the courtroom can be considered. Questions from lawyers are not evidence, unless adopted by a witness.
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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Rodney Stafford; Victoria's Dad
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05-10-2012, 10:09 AM
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Quote:
Originally Posted by Sailor Bug
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.
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05-10-2012, 10:11 AM
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AM980_Court Heeney says circumstantial evidence can support more than one reasonable conclusion.
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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Rodney Stafford; Victoria's Dad
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05-10-2012, 10:11 AM
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Quote:
Originally Posted by otto
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.
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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
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“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.”
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05-10-2012, 10:11 AM
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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.
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05-10-2012, 10:12 AM
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Steven D'Souza @cbcsteve
Judge: Questions of lawyers not evidence, unless witness adopts the proposition of fact in answer.
__________________
“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.”
― Mahatma Gandhi
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05-10-2012, 10:12 AM
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affertyLFP Heeney says questions asked by lawyers are not evidence unless a witness agrees the suggestion in the question is true.
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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Rodney Stafford; Victoria's Dad
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05-10-2012, 10:13 AM
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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.
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05-10-2012, 10:14 AM
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RaffertyLFP Heeney noted that Derstine made a number of suggestions to McClintic about what happened to Tori. Heeney said McClintic said no to all
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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Rodney Stafford; Victoria's Dad
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05-10-2012, 10:14 AM
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Quote:
Originally Posted by Sailor Bug
RaffertyLFP: He explains direct evidence is watching and feeling rain on your face Circumstantial is finding puddles on ground and assuming it rained
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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.
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05-10-2012, 10:14 AM
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AveryFreeFMNews Judge reminds the jury that the suggestions the defence made to McClintic that she denied are not evidence. Must be disregarded. #Rafferty
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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Rodney Stafford; Victoria's Dad
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05-10-2012, 10:15 AM
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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
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“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it--always.”
― Mahatma Gandhi
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05-10-2012, 10:16 AM
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AveryFreeFMNews Defence's suggestion that Rafferty was an innocent dupe and McClintic the 'engine' are not evidence. McC didn't adopt the ideas.
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Five years from now, when people think of Victoria Stafford they are going to think of the little girl that changed Canadian Laws and made it a safer nation for all children.
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Rodney Stafford; Victoria's Dad
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05-10-2012, 10:16 AM
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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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