5/15/2012--Sentencing

Why would he be granted an appeal?! :what:
Trying not to say anything that would get me banned. Just... wow. What a (bad) joke. When will the rights of the victim and the victim's family be more important than the rights of monsters like Rafferty?! The system needs an overhaul. This is ridiculous. Why is he being allowed to victimise the family AGAIN?! Hasn't he caused them enough pain?!

I really hope that once his appeal has been heard, it is DENIED!!
NO MORE OF THIS!!!!! :banghead:
 
I think this guy is such a ****head ***hole. Last thing he says is to the mother of the victim that he will tell her the full story about what happened. HA! He was trying to implicate HER and now he is still trying to revictimize Tori by continuing to act like a troll. Oh and I realize he has the right to an appeal. This guy is a non-stop liar and he had his chance on the stand to say what happened and he didn't. What about the child *advertiser censored* on your phones and computers???? There was child *advertiser censored* on the phone he got to replace the one he was getting serviced. Pffftttttttt.......I think this guy is the biggest loser of all time. JMO
 
Yes, what matou said ^^^

As much as I hate both of them, I have seething hatred for him. I don't want to come across as sympathetic towards Terri-Lynn but AT LEAST she seemed to do the right thing after she was taken into custody. I truly believe she was sincere in helping them to find poor Tori, she plead guilty and testified against MR. I have always wondered when or if they would have found Tori without TLMs info and whether they would have been able to piece things together to convict MR. He on the other hand, did nothing to help, spoke nothing, lied, hid, covered up, etc. and then to name Tara in his statement that was truly disgusting...

Anyway, I'm sure any judge that ends up looking at his appeal will deal with it quickly (as in denied) and we will hopefully never hear from or about MR again.
 
He had his chance to speak up and he chose not to. I hope they have their giant DENIED stamp ready for his paper work.

He didn't get to use the phone to call his lawyer...... I can hear him saying this in his whiny and crying voice....just wait Rafferty until you read that big red denied stamp, that will give you something to whine and cry about, but guess what...WE DON'T CARE, you are where you belong forevaaaaaaaaaaaaaaaaaaaaaaa.
 
Well if it's any consolation, I don't think we need to worry about MR ever being released from KP. Unless of course only possibly for this to be transferred to another prison. This "go ahead" from the Court of Appeals is only to do with the fact MR missed the deadline. The Court of Appeals didn't deny his late filing, but merely accepted his lame excuse of not having adequate access to make phone calls.

Now this has to get together all the proper information to go ahead and file his appeal. There is no deadline now and I cannot see his pathetic accuse for appeal will be granted. The fact that he was there, transported Tori to her death in his vehicle, whether he murdered her or not makes him guilty, guilty, guilty in the eyes of the law. This alone is first degree murder. Of course we all know better he was far more involved than just driving her in his vehicle. We learnt through the trial, he was the instigator, rapist and quite possibly the actual murderer. This is not JMO, but evidence which came out during the trial.

Yes I agree KM with you're post. At least TLM did the right thing by confessing and helping LE to locate Tori's remains. Without her confession and help, and of course Det. Smyth's keen detective skills, Tori would never have been found. Had TLM not confessed, this case could have been unsolved and I feel certain MR would have went on to harm/murder other innocent children and women.

I feel confident his appeal for a new trial will be :denied::denied: I guess the Court of Appeals just wants to say they did give MR a chance considering his late filing, therefore he cannot cry unfair treatment and file a complaint or further appeals which may end up costing the taxpayer more in the long run.

"IF" and that's a big "IF" MR is granted a new trial, it will probably backfire in his face. With a new trial, all the evidence brought forth in his first trial will be used in a second trial and possibly new evidence which was kept from the jurors will be entered. There is a good chance also, prosecution will bring forth other evidence which was withheld during the pretrial hearing at the defense's request.

MR the will rot in prison for the remainder of his pathetic life whether granted a new trial or not. The evidence speaks loud and clear he was the mastermind, was there and Tori is where she is because of his sexual deviance. Judge Heeney words to him were powerful and true other than the fact he called MR "SIR". My signature is Judge Heeney's words to this . Let's hope MR has a difficult time find a lawyer to help him with his appeal. Hopefully he will end up with a lawyer similar to DD who IMHO did nothing to help his client walk free. :great::floorlaugh:

BTW I like reading peoples' comments on articles. :D Give us a general consensus as to how others feel about this . That being said, it's how another jury may feel also (should that happen, but I doubt it). Makes my heart content. KWIM ;)

http://www.torontosun.com/2012/11/02/michael-rafferty-allowed-to-proceed-with-appeal
 
I think this guy is such a ****head ***hole. Last thing he says is to the mother of the victim that he will tell her the full story about what happened. HA! He was trying to implicate HER and now he is still trying to revictimize Tori by continuing to act like a troll. Oh and I realize he has the right to an appeal. This guy is a non-stop liar and he had his chance on the stand to say what happened and he didn't. What about the child *advertiser censored* on your phones and computers???? There was child *advertiser censored* on the phone he got to replace the one he was getting serviced. Pffftttttttt.......I think this guy is the biggest loser of all time. JMO

I am with you on the whole loser, ****head, ***hole, liar and then some Matou. I can thing of worse but I don't want to get put in the corner. Sadly Tori's family will always feel victimized because they lost their precious, innocent little girl to this PIG. Here's hoping they do not let this latest information open up those old wounds. May they stay strong and continue to move forward to heal and reflect on the happiness Tori brought them in her short life. No one can hurt this sweet child anymore as she is at peace.

It's not fair in our eyes he has been granted an appeal, but in the end I believe we will see justice and his appeal will be denied, the cell door will hit him in the *advertiser censored* on his way in and hopefully someone will show him just how scary it is to be a victim. I believe in Karma. JMO
 
I agree with Swede and Matou also...I feel I should add one thing as it is IMO...I find it again very important to say " This Appeal nonsense would no LONGER appear in Canada and Tori 's Parents would never be HAUNTED with APPEALS as Scarborugh Rapist Paul Bernardo ( his neighbour..Lmao....) has also asked for parole...etc...If MR. STeve Harper would AT LEAST ALLOW the Thousand of signatures from FB to allow a discussion On "THE TORI LAW ".in Parliament!>>>..when evidence shows someone has raped an innocent child, murdered Tori in a brutal manner, and lets not forget the video >>>>premediated ( walking in to Home DEPOT for a hammer and GARBAGE BAGS ...Plus stalking Tori's school several times that day ....Than the ppl who commited that crime ....with >>" unrefuted evidence "...DO NOT DESERVE any CHANCE of ever getting an appeal or parole..etc...Than in IMO >>>>they should end up dead as their victims are...NEVER EVER To suck our tax $ for life in Prision....I feel STRONGLY that this discussion should have enter our Parliment ...MR> Harper the province was NOT reacting just because the Tori Trial was ongoing at the time....FB ppl were NOT just reacting to a trial ! As Rodney Strafford SAid " I hope in 5 years Tori will have changed this for other children in Canada forever to keep them safe."...I feel lets make it a safer place for all CHILDREN...IMO...again as I always say" NOT WRTING THIS TO START A DISCUSSION on the "TORI LAW" ...I am writing this as a reaction to what I read ^^^^ and I have clearly stated this in "IMO".....robynhood...I hope Tori has an awesome day for Halloween in Peace IN HEAVEN....sorry Tori you were not with your family and bro Darren who I am sure misses you as always ...his best friend and sister who he had a close bond who he shall never see again....so sorry Darren...this makes my hear ache again daily..forver in our hearts of so many here in Ontario...R>IP>ONTAIO"S ANGEL...robynhood
 
I don't see how this appeal could be successful. He has no idea what the jury understood, as nothing discussed in the jury room can be made public.

"Rafferty’s original appeal documents – filed from Kingston Penitentiary and received by the Ontario Court of Appeal on July 26 — say the jury didn’t understand the “evidentiary requirement” to convict for first-degree murder."

http://www.torontosun.com/2012/11/02/michael-rafferty-allowed-to-proceed-with-appeal
 
When a convict appeals, can he get legal aid? or is it on his dime?
 
When a convict appeals, can he get legal aid? or is it on his dime?

I found this, kind of says he could get it if he has a reasonable chance of being successful. ( not a hope in he!! if you ask me)
Likelihood of success:
Similar to the issue of reasonableness, we were told by key informants that a case must have ""a good chance of success"" to be considered for legal aid coverage. Again, this determination will depend mostly on the discretion of legal aid personnel and/or lawyers offering letters of opinion.

Ontario. Coverage is based partly on a financial means test, which, key informants told us, is not difficult for most prisoners to meet. They can be asked to contribute if they have money in their prison account; some key informants indicated that this can be a hardship. There is also an assessment of merit, based on an opinion letters that is submitted by the prospective lawyer. We were told that Legal Aid Ontario usually accepts the advice provided by the lawyer in the opinion letter.

http://www.justice.gc.ca/eng/pi/rs/rep-rap/2003/rr03_la10-rr03_aj10/p25.html
 
And this:
What happens if my application for legal aid is refused and I want my appeal to proceed as an in-writing appeal?

If you do not want to appear in court and you choose to proceed with your appeal in-writing, you will be required to provide the Court with your written argument. The Registrar of the Court of Appeal will send you the report of the trial judge and a letter notifying you that you must file written submissions within 14 days.

Am I correct in remembering that when he first filed the appeal they said something about it being an in writing appeal? Might mean he was turned down.
 
http://www.woodstocksentinelreview.com/2012/11/02/rafferty-allowed-to-proceed-with-appeal

Find myself trying to think back and remember if was of his careers was lawyer.
he he

Taken out of context Max, your comment made me chuckle. MR was clearly a huge liar and the fact he refused to divulge any information during his interrogation makes me think lawyer was probably on that list. He also coached TLM as to what to say should LE question her, even had her write up a plan.

Ironic how someone who had so much going for them would find themselves in such a horrible situation....pffftttt. :rolleyes::floorlaugh::jail:

What I'm wondering now is, should he not be able to find a lawyer to help him with his appeal, could he ask legal aid to set him up with an appointed legal aid lawyer? I guess a lawyer cannot be force into representing someone they feel is guilty of abduction, rape and murder. Good luck finding a lawyer .:great:

The will have to do an in-writing appeal. Oh I can see where that will lead him to for sure...:denied:

I also have to wonder if there is anyone who is willing to help him out in his future endeavour (in-writing appeal); ie., family, friends, DD, oops I forgot he doesn't have any friends and DD already made it clear he would not help in the appeal process.

Have a miserable life MR. You are exactly where you belong and will remain there until your last breath.

As much as I hate seeing money wasted on these scumbags, and I go back and forth between the death penalty, it makes me happy to know MR and others just as evil as him will remain behind bars forever, to live our their lives having to live in those conditions and to have to think about what brought them to where they are everyday. Everyday MR has to reflect back on what happened, what he did to poor Tori. Then he can reflect on the better moments in his life, the happier times and know he can never have any of that back, EVER. To execute him and others just like him, IMHO is the easy way out. And then there are the other conditions he has to live with; no freedom, no one to talk to, confined to a tiny cell 23 hours a day, being taunted by other inmates, prison food, and so on.

Just the thought of this never having freedom to do the anything he once enjoyed; shopping for designer threads and Puma shoes, using narcotics, using women from POF, having sex, raping and choking women, texting from his BB, on-line searches for child *advertiser censored*, tearing around in his Honda, moding it, having sex in it, pimping and enjoying the money, using his mother for financial gain, a place to live and fighting with her boyfriend, tormenting neighbourhood children, going to the gym, ballroom dancing, just to name a few, makes me thrilled to know he'll reflect back on it all and never have the chance to do any of these things again. IMO death is the easy way out. Of course this is JMHO and I'm opening a debate of the death penalty, just saying.
 
Great video of what MR's appeal means. London lawyer Cudmore explains, if the appeal does proceed, it's not about MR being tried again, it's a trial about the judge and the process, the court of appeals is only interested in whether or not MR got a fair trial, if he did, that's the end of it. Cudmore believes MR got a fair trial. And so do I and probably 99.9% of those who followed this case.

Way to go DS! Glad to hear he is doing so well in school. Tori would be so proud of you.

http://ctvlondon.ca/
 
I guess it will come down to the lengthy 2 day Jury Instructions and whether they were complete.
 
Great video of what MR's appeal means. London lawyer Cudmore explains, if the appeal does proceed, it's not about MR being tried again, it's a trial about the judge and the process, the court of appeals is only interested in whether or not MR got a fair trial, if he did, that's the end of it. Cudmore believes MR got a fair trial. And so do I and probably 99.9% of those who followed this case.

Way to go DS! Glad to hear he is doing so well in school. Tori would be so proud of you.

http://ctvlondon.ca/

WOW....way to go DS....honour role and Valedictorian, that is quite an accomplishment for a young teen who has lived through hell in the past 3 years!!!!
 
excellent video hearing Rodney update on how he feels aboutMicheal Rafferty;s appeal>>>> ..and i think this speaks VOLUMES!!!...RODney says " this victimizes my family again..." and it is THIS THAT I SHUDDER from...I believe as a MOM ...IMO...this family has been thru a living nightmare that I cannot stand...and this is not the first family victmized over and over in Canada and the States that the murder , rapist has tortured the victims family from their jail cell...and I feel this is terrible..sorry to say but again ...IMO only that this should be stopped...and I am answering the posts ^^^..as to why I feel .." THE tori laws should have been listened too at least from many who signed and asked it at least be discussed in OUR DEMocatic system ...I feel not allowing the victims to speak their minds during the victim impact @ his conviction. Their child was killed so brutally is just not fair....I do not see why???..It is like the convict has rights and the family has little...I would like to see the changes in our law that RODNEY asked for" the Tori law..." Let Tori be remebered 5 years from now as the child that changed our justice system and made Canada a safer place for all children>" ...I shall let Rodney's request speak for why I wanted the tori law to be at least listen too...hmm does his words mean nothing???..the end ...robynhood..IMO again..
 

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