Lisa Hepfner ‏@HefCHCHNews · 2h2 hours ago
In Ont Court of Appeal; room full of reporters waiting for Michael #Rafferty appeal in Tori #Stafford murder conviction
Tori #Stafford's mom is in court. Clerks are fitting chairs wherever they can. Rodney Stafford, her dad, is walking in now with his family
3 Court of Appeal judges here now for #Rafferty appeal. They give media leave to tweet proceedings. @CHCHNews
Failure of trial judge to instruct jury on after-fact conduct & credibility of co-accused McClintic among reasons appeal shd be granted...
... according to #Rafferty's lawyer, speaking to judges now. Says he recognizes defense lawyers at trial did not ask for these instrux
"He certainly cleaned up after the fact, the question is why," Appeal judge asks #Rafferty lawyer, who says there are "legal errors."
Judge says #Rafferty lawyer was very skilled. Why would Rafferty clean up a murder he had nothing to do with?
An explanation of post-offense conduct was not given to the jury, #Rafferty lawyer says. Judge interrupts. That's not an alternate defense
Just because he's involved in one offense doesn't mean he's complicit in all the offenses he's charged with, #Rafferty lawyer says.
Accessory after the Fact wasn't on the indictment, so the jury couldn't have found him guilty of that, judge says. #Rafferty
The presence of #Rafferty at the murder of Tori #Stafford wasn't contested, by the questions from his lawyer at trial, lawyer says.
#Rafferty was represented by Dirk Derstine at trial in 2012; Paul Calarco is representing him at Appeal Court this morning. #Stafford
Post offense conduct could point to accessory after the fact or involvement in the murder, Calarco says, but you need instrux from judge.
Calarco is going over McClintic's lies to police. #Rafferty #Stafford #CourtofAppeal
"Nothing drives through a sense of honesty or responsibility in McClintic," Calarco says. Judge interrupts again. "This is an appeal."
Defence council had plenty of opportunity to cross examine McClintic on the stand, judge says. "Where is the error in the ruling?" #Rafferty
McClintic's mendacious police invws were recorded and shown at trial, Appeal judge says. She was cross examined, jurors watched her demeanor
"Basically she confessed to first degree murder," judge says of McClintic on the stand. "Why would she do that?" #Rafferty
Judge keeps going back to the fact #McClintic interviews were taped, and she was available for cross exam at trial. #Rafferty #Stafford
