Michael Rafferty Appeal?

[Ardy]

It is a really strange situation, where the Judge's decision is being appealed by a new defense lawyer for Rafferty.......for granting a motion that was supported by the trial lawyer for Rafferty. Hence the complexity of legal arguments which involve the strategy and decision making of Rafferty's very capable trial defense lawyer.........and this is one of the reasons the Appeal Court ruled that Rafferty needed to be represented by a competent lawyer.

Simply put...the appeal lawyer is questioning the decision of the trial judge to grant the motion to allow TLM's testimony into evidence, and the decision of the trial defense lawyer to promote and support the judge's decision to do so.

Although seriously distasteful to virtually everyone, it is better for the court to have serious challenges to the conviction presented by professional legal experts in a manner that deals strictly with the specific legal facts and law, rather than have Rafferty submitting thousands of pages of incoherent arguments and unsubstantiated claims, that would eventually be available in the public realm.

The Crown's case was heavily dependent on TLM's testimony to corroborate the timelines and known facts.

Was enough other evidence presented, besides TLM's testimony or corroboration, to convict Rafferty?

That is the question the Appeal Panel will have to decide, after consideration of all the other evidence.

And then they would have to decide.......if Rafferty's rights were in fact breached, were they breached significantly enough to question the verdict of a jury.

That is a very serious consideration for an Appeal Panel and is not often successful.

 

[swedie]

It is a really strange situation, where the Judge's decision is being appealed by a new defense lawyer for Rafferty.......for granting a motion that was supported by the trial lawyer for Rafferty. Hence the complexity of legal arguments which involve the strategy and decision making of Rafferty's very capable trial defense lawyer.........and this is one of the reasons the Appeal Court ruled that Rafferty needed to be represented by a competent lawyer.

Simply put...the appeal lawyer is questioning the decision of the trial judge to grant the motion to allow TLM's testimony into evidence, and the decision of the trial defense lawyer to promote and support the judge's decision to do so.

Although seriously distasteful to virtually everyone, it is better for the court to have serious challenges to the conviction presented by professional legal experts in a manner that deals strictly with the specific legal facts and law, rather than have Rafferty submitting thousands of pages of incoherent arguments and unsubstantiated claims, that would eventually be available in the public realm.

The Crown's case was heavily dependent on TLM's testimony to corroborate the timelines and known facts.

Was enough other evidence presented, besides TLM's testimony or corroboration, to convict Rafferty?

That is the question the Appeal Panel will have to decide, after consideration of all the other evidence.

And then they would have to decide.......if Rafferty's rights were in fact breached, were they breached significantly enough to question the verdict of a jury.

That is a very serious consideration for an Appeal Panel and is not often successful.

IMHO most certainly and I highly doubt he will be granted a new trial. Circumstantial and direct evidence is there without the TLM's testimony. See my post above #201 for just some of the facts the appeal board have to take into consideration. I imagine the hard drive and laptop evidence will be something the board will also find helpful when deciding whether this has a leg to stand on. I find it very disturbing any lawyer would want to represent this monster. Guess business isn't doing too well for this lawyer. $70,000 is a good chunk of change from taxpayers' pockets just for the appeal process without a trial. It takes all kinds to make the world go around they say. Taking into consideration the monster was already given a more than fair trial. All MOO and :twocents:.

 

[swedie]

Italic paragraphs are from the article, my opinions in normal font.

From throwing out the car seat where Tori sat, to buying McClintic hair dye to change her appearance, Rafferty might have simply been trying to keep police away from McClintic, the affidavit states.

He threw out the car seat because he knew TS's blood and DNA mixed with his was all over the seat. That's pretty obvious. Had she maybe piddled on the seat; since when would that constitute him removing the car seat instead of cleaning it. Especially a car that it was and obviously he didn't seemed to be bothered by other womens' bodily fluids on the seats. The small piece of fabric which was cut from the seat and found in the car goes to prove he was trying to get rid of the obvious...blood IMO.

"It is to be noted that Rafferty did not attempt to alter his appearance," the affidavit says.

And why would he alter his appearance? It wasn't him on the surveillance video from the high school walking away with Tori. He was covering his own hide because he knew if TLM was IDed and arrested, she would squeal on him also. Lame appeal excuse IMHO.

There's no evidence besides the statements of McClintic that Tori was sexually assaulted, states the affidavit, which notes McClintic's "long history of deceit as well as viciousness."

Circumstantial evidence at best; Tori found naked from the waist down and his interest in deviant sex acts plus the evidence found on his laptop and computer hard drive. Not to forget the mixed blood found on his gym bag belonging to him and Tori. IF a bag was over her, how did he get her blood on him? My opinion would be from raping this precious child.

McClintic, not Rafferty, bought the hammer used to kill Tori and the garbage bags used to conceal her body, it states.

Yes she did and the video also shows him withdrawing money minutes before at an ATM. Obviously he made her do all the dirty work to save himself from getting caught on camera in HD. Stupid that he was, his vehicle was caught on camera in the parking lot though.

McClintic confessed to her role in the crime, but initially said Rafferty directed the murder, including the buying of a hammer and garbage bags, and and did the actual killing.

At Rafferty's trial, McClintic changed her story, saying she did the killing.

It's obvious TLM has mental issues but that does not excuse the monster for going along with her and abducting a child. A normal grown man at the age of 27 has the mentality to know the whole idea of taking someone's child in their car without the parents consent is just so terribly wrong in so many ways. Then again we learnt MR is not a normal man. He is a lying, manipulative, sexual deviant who engaged in getting his jollies from viewing child *advertiser censored* in the most bizarre and horrific ways, not to mention using women for his twisted sexual pleasures. He is a child abductor, rapist and murderer; no doubt in my mind. All of MOO.

http://www.torontosun.com/2014/01/02/legal-aid-rejects-paying-for-michael-raffertys-appeal

CB's fantastic article from May 10, 2012
Blatchford: As they head for deliberations, Stafford jurors know little of Michael Rafferty

http://www.canada.com/news/Blatchfo...ow+little+Michael+Rafferty/6601468/story.html

 

[robynhood]

I agree >>Swede...it was perv MR that withdrew the $ for the AT machine he was caught on video doing so... and I agree again>>>IMO it was MR.... that was the leader here...TLM followed orders but again IMO she is just as guilty of this horrendous crime that SHOULD have never happened!.....I shall never forget Tori or this case ever... WE both followed every horrendous detail as it unfolded...IMO this will not go before the courts again...too much evidence and that is why he as convicted..I believe Judge Heeney did an excellent job at the time.....especially when he called him " a MONSTER"....I believe MR will try anything ..and unfortunate he is doing that exact thing now...I pray this shall be over real QUICK that darn appeal....Please update us here anyone who has info...I so want to see this OVER!...I shall continue to check daily......robynhood....Please if anyone knows what is to occur next please >>>>POST>>>RIP ONT ANGEL...we are looking our for you ...robynhood.

 

[Ardy]

You are right Swedie, and you didn't even mention Rafferty's utterly deplorable cavalier conduct in the weeks that followed.

Rafferty's defense offered no explanation for any of those things you listed.

He isn't required to prove his innocence, but presenting an alternate "drug ransom.....safe house" theory without any substantiating evidence is as weak a defense as it gets. (I don't know why the defense would even throw it out there, without some supporting evidence. As far as I would be concerned, as a juror it would be an insult to my intelligence).

If I was fighting for my life basically.........I would want to talk to the jury and tell them everything.......and hope they believed me.

I wouldn't depend on a lawyer deciding for me.........that I had a good chance of being found not guilty.

Not with that pile of circumstantial evidence stacking up against me. I would want to give my explanation for how it came to be.

If Rafferty is hoping an Appeal Panel of experienced Judges is going to conclude........"well, he did it.........but there is this breach of his rights here, so we should overturn the jury verdict and order a new trial".............he is living in some alternate universe.

But I do defend his right to an appeal.........just as anyone else has a right to appeal........and the Crown has a right to appeal.

That is our system of checks and balances..........and none of us want to convict an innocent person.........ever.

We can't pick and choose who gets their appeal rights.....and who doesn't, based on how horrific the crime or how disgusted we are with the defendant.

Let Rafferty have his appeal......exhaust all his legal arguments.........and let justice prevail for all to see.

 

[Ardy]

Swedie,

I suppose anyone could get "duped" into taking a child into their car, if they believed they were simply looking after them on behalf of their parents.

But, I certainly would ask the child what was going on to try to confirm it, and would end it as soon as I learned something else was happening.

At that point, I would call the police and take my chances on getting arrested and explaining it later. Not a great position to put yourself in........but what other option is there?

I think that is what "could" tangle innocent, normal people into a plot initially.........but as you said Rafferty wasn't normal, and the jury decided he wasn't innocent either.

 

[robynhood]

..I just did another goggle search asking: when will MR Appeal be heard by a Judge now that he has funding?....there were NO ANSWERS.

A close friend who was home for xmas in Woodstock just called asking me the same...

WHAT happens now that MR is getting funding for his appeal .She was feeling awful as she said "Woodstock does not want to see this . going into to court again!"

I told her I doubt their would be another Trial.....

I was searching for an UPDATE ...if Mr has a date that his lawyer will must launch his appeal.....everyone wants to see this OVER...! robynhood....any news ?

 

[swedie]

..I just did another goggle search asking: when will MR Appeal be heard by a Judge now that he has funding?....there were NO ANSWERS.

A close friend who was home for xmas in Woodstock just called asking me the same...

WHAT happens now that MR is getting funding for his appeal .She was feeling awful as she said "Woodstock does not want to see this . going into to court again!"

I told her I doubt their would be another Trial.....

I was searching for an UPDATE ...if Mr has a date that his lawyer will must launch his appeal.....everyone wants to see this OVER...! robynhood....any news ?

Robynhood the lawyer who is now defending the will argue to the appeal board MR was just an accessory after the fact. If the appeal board cannot show, based on evidence from the trial (circumstantial or direct) MR had more involvement than accessory after the fact, a new trial will be granted and paid for by taxpayers.

If the appeal board finds both TLM and MR acted together and planned Tori's abduction, him raping her and them acting together on Tori demise, his appeal will be turned down and he will be sent back to his cell to continue to rot in hell. This is the outcome most people are hoping for and rightfully so IMHO.

Unfortunately we are not privy as to how long it will take for this decision to be made by the appeal board.

Maybe this link will shed some light on some of your questions Robynhood. HTH.
The Criminal Appeal Process in Ontario
What happens when there is an appeal against the sentence?
When asked to review the sentence, the appeal court will consider whether or not the sentence is fair. The appeal court will look at the nature of the crime, the impact of the crime on the victim, the background of the offender and the sentences imposed in similar cases.

http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/criminal_appeal.asp#j8

 

[robynhood]

thanks so much to>>>>Swede..I am reading this now..

I hope a decision is made >>>Quick ...as I said my friend;s Family lives in Woodstock and the ppl there are terribly upset....as the rest of ONT is concerned .I just want to see this ended already .I feel terrible for Tori's family.

Yes we are all praying his appeal is denied.

JIMHO ..I believe the investigation was unbelieveably thorough ..we watched it as I tweeted it here.

It is so unfortunate that MR lawyer did not include the possibility OPTIONS that were needed...

sigh but ...IMO >>>>knowing the" type " of Manipulator MR. tends to be he would have tried to find a way to appeal as he thinks in his twisted mind that he is ABOVE the law! he had his time to tell his story while he was in court for weeks...interesting after the verdict he asked to talk to Tori's mom ...SIGH!

IMO again that was PURE manipulation !...IMO again....I pray that their is NO More Trial for him..please dear GOD!....go back to your cell ..Imo let him rot there....I am terribly concerned now..I guess all we can do is wait again...thank you so much Swede ..greatly appreciated as nothing is said about what is next on google or papers...robynhood....I just want to say to Tori family..know that we are watching and you have our warmest thoughts behind you....I shall be here no matter what the outcome is...robyn shall tweet ....I pray I will not have to..Positive thoughts sent to Tori's family,,,your angel is loved 4 ever by ontaio! xxoo <<<hugs for strength ...may god be looking over whatever comes next...bye...for now!

 

[Sillybilly]

I literally get physically ill hearing, reading, thinking of this , so tonite I paid a visit to Tori's Virtual Garden to think about little Victoria, smell the roses, and just restore my faith in beauty and the goodness:

http://www.websleuths.com/forums/showthread.php?t=84789&highlight=Summer

 

[Hello_Kitty]

Rest in Peace sweet Victoria, we will never forget you

 

[Hello_Kitty]

Has anyone heard anything more about the appeal?

 

[Manny1971]

Has anyone heard anything more about the appeal?

I wonder the same thing and check this site and the news daily. In the meantime, this rots behind bars, in a tiny cell, deserving of every bit of misery he has inflicted with no one in the world to care for him,.... other than a maybe lawyer who's only interest is in looking for a pay day. This 'appeal' will succeed only in putting the final nail in the proverbial coffin, and more poignantly, finally turn the tables on this and destroy any little hope this still thinks he has for a chance at freedom. He will rot forever where his is until his dying day. MOO.

God speed to all of Tori's family. I'm sure this waiting casts doubts and causes undue stress and frustration, but know that the memory of your beautiful little Tori will live forever. We who support you have not forgotten nor shall we ever stop. There are many of us who wait with you and watch. Always.

 

[swedie]

I wonder the same thing and check this site and the news daily. In the meantime, this rots behind bars, in a tiny cell, deserving of every bit of misery he has inflicted with no one in the world to care for him,.... other than a maybe lawyer who's only interest is in looking for a pay day. This 'appeal' will succeed only in putting the final nail in the proverbial coffin, and more poignantly, finally turn the tables on this and destroy any little hope this still thinks he has for a chance at freedom. He will rot forever where his is until his dying day. MOO.

God speed to all of Tori's family. I'm sure this waiting casts doubts and causes undue stress and frustration, but know that the memory of your beautiful little Tori will live forever. We who support you have not forgotten nor shall we ever stop. There are many of us who wait with you and watch. Always.

:goodpost:

It's been over seven months now since it was announced the taxpayers of Ontario will be footing the bill for his appeal. I don't know if that's a good or bad thing; only know that the wheels of justice turn ever so slowly. Yes it is horrible Tori's family have to sit in turmoil everyday, waiting to find out if their wound will be ripped wide open once again, but I feel very confident this will not get his appeal; a new trial. I like that fact that he's confined to a tiny cell rotting away. He deserves the life he's living now. The death penalty would be too good for him (if we had it here in Canada). He has to live everyday thinking about what he did to that precious little girl and better yet what he is missing out on on the outside. MOO.

 

[robynhood]

I finally found this forum again..i find the websleuther's new website very confusing...that is why I have not posted in ages...I am like you Manny 1971...I keep checking the net constantly looking for what is going on with Moron's Appeal( I cannot even type his name) as I feel he is not worth the initals.....I want Tori family to know she is in Ont <3 ..always 4 ever..and I am sure she sends msg to them...every purple flower and butterfly that appears I shall 4 ever remember ONT.'s gorgeous angel..we love you Tori..<3 ....please if anyone hears anything about that stupid appeal that is wasting our $$$ I am sure theywill post it here.I am waiting for the final nail to be pounded into his coffin too..4 ever remembered and loved to Tori....robynhood

 

[Hello_Kitty]

If he found a lawyer, they must be having a field day looking through all the stuff. However, I do feel it is futile, rarely are their appeals granted unless there was a big error of law or rights violated.

 

[robynhood]

Hoping no news at all thru out 2014 about Moron's appeal means it is gone...sept 12.2014 already...I wish Tori Parent's could finally have this appeal nonsense over...But I do believe MR will sit in that Jail and rot for the rest of his pathetic life.. Must say I wish he was not present on our PLANET....JMHO as I have said many many times...Not looking for a further discussion ..IMO only..I check in here often but new site changes ...I find it makes it harder to get here again....robynhood.

 

[appleeye]

Is there a date set for appeal?

 

[Kamille]

Is there a date set for appeal?

I think it's very unlikely that MR will be granted an appeal. I really don't see where he has grounds for one.

MOO

 

[Tugela]

Well, he does have grounds for appeal, since the judges instructions to the jury were faulty (see the opinion of an appeals court judge here). Looking at a summary of the court proceedings (here), a reasonable argument could be made that the prime perp was McClintic. She said so in court, and there was not really evidence to the contrary, so it should have been included in the instructions to the jury as a possible finding. So there is a point of law which needs to be clarified even if the effective outcome would be similar.

I am not sure what difference it would make though, since even if the court found McClintic as the primary mover, Rafferty would still be facing a life sentence anyway for his role. That is most likely the reason why legal aid groups are not interested in funding his appeals. Rafferty's motivation in pressing for the appeal is not to reduce the sentence, but rather make it possible for eventual parole someday, something that would be pretty unlikely if he is convicted as the primary mover in the case.