Exactly if he wasn't planning on killing her what was he going to do with her? That's why it's hard to believe that he did not plan on it. Did he not know why TLM was going into Home Depot? It was his car--I doubt anyone else but him was driving it. :moo::twocents:
Maybe, but Tori may not have been in it. If McClintic had stashed her somewhere after the abduction, Rafferty could argue that he didn't know anything about what was going on. He might even say that she had the car that day, or most of it, and that he had no idea who was driving it. To overcome that the prosecution will have to present some evidence to circumvent those arguments.
The problem for the prosecution as I see it is that so far there has been no evidence presented actually connecting Rafferty to the crime - it has all been McClintic's allegations, which we have seen has changed between confession and the trial.