Trial Thread 4/20/2012

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nursebeeme

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New thread for a new day. Please remember the rules

:tos:


When posting an opinion please remember to use IMO or JMO.


the crown will present its case in chapters:

Chapter 1: The day of the kidnapping. The surveillance video showing Rafferty driving up the street outside Tori's school and McClintic walking Tori up the street. Witnesses from and around Oliver Stephens public school will talk about seeing Tori.
An identification officer will use photographs and maps to show the route from Woodstock to Guelph.
Tori's mother, Tara McDonald, will testify about the frantic hours the family spent looking for Tori.

Chapter 2: Terri-Lynne McClintic. "She was an essential part of all that happened," Gowdey said. "I expect her credibility will be a major issue in this case."

Chapter 3: Guelph -- video surveillance and bank records detailing the events there.

Chapter 4: the Mount Forest death scene, which the jury will visit. "It will be difficult to go to the very place where this happened, I know that, but understanding the crime scene is crucial to understanding the crime," Gowdey said. Photographs, some of them graphic, will be used to explain "exactly how the killing happened."
"Unfortunately it is only through them that you can fully understand (the) evidence," Gowdey said.

Chapter 5: Police interaction with Rafferty.

Chapter 6: The searches of Rafferty and McClintic's residences and the evidence found.

Chapter 7: The Honda Civic. What was found inside.

Chapter 8: Rafferty's connection to the Mount Forest area.

Chapter 9: Comments Rafferty made to friends after April 8. "He had some interesting things to say to other people about Terri-Lynne McClintic and about the kidnapping itself," Gowdey said.

Chapter 10: The May 15 weekend and Rafferty's actions.

Chapter 11: The BlackBerry. The BlackBerry allowed police to track his movements April 8 and after.

Chapter 12: A recap of the surveillance video.
http://www.lfpress.com/news/london/r.../19463111.html

Salem's warning from last week:
Okay everybody - LISTEN UP! We are not bashing, accusing or blaming Tori's family here. It won't be allowed.
Children walk home from school every day without incident. Parents are not perfect, it's just not possible. Tori's parents DID NOT do this to her. TLM and an accomplice DID. That is where the blame goes.
We had a lot of family bashing in the early parts of this investigation after Tori went missing and a lot of baseless accusations - NONE OF WHICH PROVED TO BE TRUE. Victim and family bashing will not be allowed during this trial.
Thank you,
Salem
---------------------------------
and reposting SoSueMe's warning:
As some of you may have noticed, the members following this case are dropping in numbers. It's disheartening to us because we need and welcome discussion of both sides of every issue on Websleuths.
Zero tolerance means ZERO tolerance. Please discuss this case with respect to your fellow members. Subtle and veiled harassment and/or talking in code about other members will not be tolerated.
A word of caution on the Alerts in this forum. If you alert a post, make sure it is a clear violation of our Terms of Service. A difference of opinion is not a violation of TOS.
Please note that everything discussed in court and printed/tweeted is now within the realm of discussion. WS has never and does not now have a policy of "innocent until proven guilty." That is for the court room. Here, we discuss, speculate, theorize and judge according to the opinions we develop from following the case.
Keeping that in mind, abuse of our alert system is a good way to find yourself in timeout or worse. Abuse of the alert systems includes, but is not limited to:
Alerting repeatedly on the same poster;
Demanding a specific outcome;
Alerting on the same post more than once.
Once you have alerted a post, move on and don't question the decisions of our Administrators, Moderators or Owners.
Following this trial is very important to our members and we're going to see that they have their day in court. The "zero tolerance" policy in this forum will continue and it will be enforced.
Thank you and please carry on.
Sue aka SoSueMe
Websleuths Co-Owner
 
Good Morning!

492173_1332474998.jpg
 
Michael Rafferty’s phone record shows gap during Tori Stafford abduction and murder, court hears

LONDON, Ont. — The man accused in the death of Victoria (Tori) Stafford did not use his cellphone for more than three hours in the time period that the eight-year-old girl was allegedly abducted, sexually assaulted and killed, his trial heard Thursday.

Pages of detailed records belonging to Michael Rafferty presented in court showed a gap in phone calls and text messages on his BlackBerry between 4:28 p.m. and 7:46 p.m. on April 8, 2009 — the day the Grade 3 student was last seen alive.

http://news.nationalpost.com/2012/0...ri-stafford-abduction-and-murder-court-hears/
 
Cell calls track Rafferty’s movements

VIDEO: On day 25 of the murder trial of Michael Rafferty the court was shown a a list of voice and data calls made from the accused’s blackberry that traced his April 8, 2009 path from Woodstock to the near the place where Tori Stafford’s body was found.Updated April 19, 2012 10:01pm


http://www.lfpress.com/news/london/raffertytrial/2012/04/19/19656421.html
 
Cellphone activity leaves trail

The phone company uses cell tower technology to pinpoint where and when you make phone calls and send you a bill.

The Crown trying Michael Rafferty for first-degree murder is using the same technology to pinpoint his phone calls April 8, 2009, and send him to prison.

A connect-the-dots map of his BlackBerry usage shown to jurors Thursday backs up earlier testimony -- from timeframe to locations -- about the abduction of eight-year-old Victoria (Tori)Stafford that day.

Rafferty's former girlfriend, Terri-Lynne McClintic, testified earlier that Tori was snatched after school in Woodstock and put in Rafferty's car.

Rafferty then drove to Guelph, where he stopped for drugs and to get a hammer and garbage bags, she said.

According to Bell Canada records, four calls from Rafferty's BlackBerry were transmitted by Guelph cell towers from 4:18 to 5:03 p.m. April 9, 2009.

McClintic said after leaving Guelph, they travelled north up Hwy. 6 to Mount Forest, where Tori was raped, killed with a hammer and hidden in garbage bags. It was daylight when they arrived at the scene, and when they left. A BlackBerry call hit a tower southeast of Mount Forest at 7:47 p.m.

From Mount Forest, she and Rafferty drove to Cambridge about 8 p.m. There, they washed his car, threw out old clothing and the hammer, and changed into new clothing, McClintic testified. A BlackBerry call was routed at 8:41 p.m. from a tower in Cambridge.

The BlackBerry was used again at 11:21 p.m. between Drumbo and Woodstock and 16 minutes later in Woodstock, according to cell tower records.

http://www.lfpress.com/news/london/raffertytrial/2012/04/19/19652791.html
 
From Mount Forest, she and Rafferty drove to Cambridge about 8 p.m. There, they washed his car, threw out old clothing and the hammer, and changed into new clothing, McClintic testified. A BlackBerry call was routed at 8:41 p.m. from a tower in Cambridge.

The BlackBerry was used again at 11:21 p.m. between Drumbo and Woodstock and 16 minutes later in Woodstock, according to cell tower records.

So did MR get into Woodstock just before midnight with TLM?? Or did he drop her off and then go somewhere else only to return to Woodstock again just before midnight? Is there any video or photographic evidence of TLM at the store (Starlight variety?) at around 10 pm? JMO

http://www.lfpress.com/news/london/raffertytrial/2012/04/19/19652791.html
 
Funny how the defence implied that MTR was within walking distance while Tori was being murdered and then at the crime scene afterwords to help TLM cover up the murder during his cross examination of TLM, while during his cross examination of the cell phone worker he seemed to be implying that cell phones don't are not always consistent in the determining where a person was. And yes, I know that the defence's job is to present alternate scenarios, but still.

Is it really possible that MTR's cell phone could be pinging off of towers around the crime scene while the phone is is in Guelph or Woodstock? I would think that would be improbable especially since it can be difficult for cell phones that are actually in Mount Forest to get a strong signal on their cell.

This is another one of those things that I wish the Crown would have pointed out, of course it is possible they did and it just wasn't mentioned in the tweets or msm articles.
 
The trouble with trial by "tweet" and MSM reporting is all the errors and omissions.

The National post article says MR's phone was off from 4:28 to 7:46 pm.

The London Free Press has the wrong date.........April 9, 2009.

Some day our benevolent government may deem Canadians mature enough to watch court proceedings live...............We can hope.

Interesting in that link I posted yesterday about trial processes, the jury isn't allowed to take notes, because the theory is that they need to remain focused on the witnesses.........to gauge truthful testimony.

With a trial by "tweet" we don't witness any of that.........so we definitely don't have the same viewpoint as the jury............and this leads to jury verdicts that people have no confidence in.

JMO...........
 
In conversations with people in London, I am rather surprised at how many of them know nothing about his case, and don't even know there is a trial going on.

I mention this.........because I believe the 12 people sitting on the jury have never heard of this case before the first day of testimony.

They had no knowledge of all the rumors, innuendo, gossip, daily press conferences, limo rides or MSM articles that surrounded this case for months.

They also wouldn't know much about RS or even TM. They wouldn't know about the vigils and rallies for VS. They wouldn't know about the memorials or the funeral.

With that as a backdrop...........I note a couple of things.

The 2 most powerful and emotional parts of the trial testimony, for everyone in the courtroom, were during TLM's graphic testimony of kicking and murdering VS and her long history of violence, writings, music choices, and comments made to her Godmother after she was sentenced........and the second one was the graphic pathology evidence that was presented.

I am sure the jury was thinking of TLM.........when they heard the violence and rage that was heaped on VS.

The Crown knew this would be a big problem, and have worked hard to highlight the parts of TLM's statements that can be corroborated.

I don't know if they succeeded, because as I said......my viewpoint is different than the juries viewpoint.

All I hope is if MR is guilty......the Crown can prove it..........not with absolute proof.............but closer to absolute proof than likely guilty.

Because without reaching that threshold.......the jury must acquit, even if it bothers them to do so.

JMO.............
 
The trouble with trial by "tweet" and MSM reporting is all the errors and omissions.

The National post article says MR's phone was off from 4:28 to 7:46 pm.

The London Free Press has the wrong date.........April 9, 2009.

Some day our benevolent government may deem Canadians mature enough to watch court proceedings live...............We can hope.

Interesting in that link I posted yesterday about trial processes, the jury isn't allowed to take notes, because the theory is that they need to remain focused on the witnesses.........to gauge truthful testimony.

With a trial by "tweet" we don't witness any of that.........so we definitely don't have the same viewpoint as the jury............and this leads to jury verdicts that people have no confidence in.

JMO...........

I didn't see the link you posted yesterday but this site from the Canadian Judicial Council does NOT say jurors can't take notes.

I agree with you regarding televised trials.


Here is my link:

4.5 Note-Taking by Jurors[5]
(Last revised February 2004)

[1] We depend on the memory and judgment of all jurors to decide this case. If you want to take notes during the trial to help you remember what a witness said, you may do so. You may find it difficult, however, to take detailed, accurate notes and, at the same time, pay close attention to what witnesses are saying and how they are saying it.

[2] If you take notes, do not be distracted from your duty to observe the witnesses. You may always ask to hear a tape of a witness’s testimony or have some evidence read back to you, but you only have one chance to observe the appearance and behaviour of the witnesses when they testify.

[3] To protect the secrecy of your work, you must not take your notes with you at the end of our sittings each day. We will make arrangements to keep them in a secure place and return them to you when we resume sitting the following day.

[4] If you decide not to take notes, you must still listen carefully to the evidence.


http://www.cjc-ccm.gc.ca/english/lawyers_en.asp?selMenu=lawyers_pmf_trialprocedure_en.asp


bbm
 
On the day Tori disappeared, he sent and received dozens of text messages from morning to night and exchanged dozens of notes with one woman on BlackBerry messenger, records show.
Rafferty made 14 almost back-to-back phone calls to six different phone numbers between 11:13 a.m. and 12:06 p.m., most lasting about 30 seconds. Cell tower data shows that all of those calls were made in Woodstock. The next voice activity on the phone was at 4:19 p.m., when a call was made to his own number, but at that time the phone was in Guelph.


http://www.huffingtonpost.ca/2012/04/19/michael-rafferty-trial-cellphone_n_1438258.html
 
8:56
Mike Knoll: couple changes in our routine today. Hank Daniszewski will be writing the main article from the courtroom and John Miner will be tweeting from the overflow courtroom.
8:56
Mike Knoll: Hank Daniszewski's morning trial update:

With the Michael Rafferty entering its 26th day on Friday, jurors will likely hear more evidence about Michael Rafferty's cellphone use.

The Crown called several witnesses Thursday to show that calls from Rafferty's Blackberry were relayed by cellphone towers in Woodstock, Guelph, Cambridge, Arthur and Mount Forest on April 8, 2009, the day Tori Stafford disappeared.

The times and locations of the calls roughly coincided with earlier testimony about Tori's abduction from his former girlfriend Terri-Lynne McClintic.

According to its opening statement, jurors will also hear about whom Rafferty called.

His Blackberry use is one of the last chapters in the Crown's case.


http://www.lfpress.com/news/london/raffertytrial/2012/04/20/19657801.html
 
The trouble with trial by "tweet" and MSM reporting is all the errors and omissions.

The National post article says MR's phone was off from 4:28 to 7:46 pm.

The London Free Press has the wrong date.........April 9, 2009.

Some day our benevolent government may deem Canadians mature enough to watch court proceedings live...............We can hope.

Interesting in that link I posted yesterday about trial processes, the jury isn't allowed to take notes, because the theory is that they need to remain focused on the witnesses.........to gauge truthful testimony.

With a trial by "tweet" we don't witness any of that.........so we definitely don't have the same viewpoint as the jury............and this leads to jury verdicts that people have no confidence in.

JMO...........

I am not sure where you read in this the jury can't take notes. This from your link yesterday:

4.5 Note-Taking by Jurors[19]
(Last revised March 2011)

[1] We depend on the memory and judgment of all jurors to decide this case. If you want to take notes during the trial to help you remember what a witness said, you may do so. You may find it difficult, however, to take detailed, accurate notes and, at the same time, pay close attention to what witnesses are saying and how they are saying it.

[2] If you take notes, do not be distracted from your duty to observe the witnesses. You may always ask to hear a tape of a witness’s testimony or have some evidence read back to you, but you only have one chance to observe the appearance and behaviour of the witnesses when they testify.

[3] To protect the secrecy of your work, you must not take your notes with you at the end of our sittings each day. We will make arrangements to keep them in a secure place and return them to you when we resume sitting the following day.

[4] If you decide not to take notes, you must still listen carefully to the evidence.
http://www.cjc-ccm.gc.ca/english/la...tion-Preliminary-2011-03_en.asp#_Toc287950379
 
Sorry N/T, you beat me to that post! Sorry for the double post folks.
 
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