5/15/2012--Sentencing

[swedie]

]None of that evidence was definitive though.[/B] If there were not enough sperm cells to get enough DNA then the amount would have been extremely small. If he is having sex frequently, in the car for example, then his sperm cells are probably all over the place. Accidental overlap can't be ruled out, assuming the cells actually came from him and not some other person. If Mclintoc was the killer, then if she had previous sexual contact with someone else, the possibility exists for some of those cells to get mixed up with Tori's blood. The only way for her blood and his sperm to be co-mixed would be from vaginal tearing, but then you would expect there be to be a lot of evidence of him in the sample, not none. But apparently there wasn't any. So, lots of problems with that, I think that evidence is very weak.

Removal of the clothing might be taken as evidence of sexual assault, if in fact it had all been removed or if what remained showed evidence of tearing. So, the items removed were probably taken post mortem, I would think by McClintoc for her own purposes. You can't exlude the possibility that McClintoc was the one doing the assault, if it happened, either. The profile of what was left of the clothing IMO fit an action more consistent with what a female would do than what a male would do. If MR had raped her, and she was killed on site, she should have been naked, but she wasn't.

The *advertiser censored* on the computer means nothing, it certainly has no bearing on motive. Lots of people look at *advertiser censored*, and if they have downloaded it from usenet or a torrent site there is a certainty that whatever it is in going to be illegal in one way or another. Unless it was directly related to the case in some way it would have been excluded as prejudicial, warrant or no warrant.

So I think the evidence of sexual assault was weak. The conviction had more to do with the jury willing to interpolate a motive into the crime than any actual evidence. If he appeals against the conviction, that is what they will likely target, mostly because it is what will keep him in prison the longest.

Respectfully if you believe none of the evidence was definitive then what do you consider Tori's and MR's blood mixed together on his gym bag or the fact her blood and male sperm faction mixed was found in one tiny spot on the door molding? Yes the blood and sperm faction were mixed meaning they were NOT deposited there at different times; but together, this is fact and evidence. We can safely assume it was MR's sperm as we know TLM does not produce sperm nor did Tori. This most certainly proves rape. We do not know if he was having frequent sex in his car, but I would believe if he was, he had condoms also in his car and would have used them to ward off unwanted pregnancies or STI/STDs. IMHO I would assume most women he had sex with insisted he wear a condom. IIRC thorough testing was done on the interior of MR's car and yes his sperm was found in a few odd places. Respectfully I do not agree with what you stated above The only way for her blood and his sperm to be co-mixed would be from vaginal tearing. Tori could have suffered other bleeding injuries at the hands of MR prior to her death such as facial injuries and let's not forget the 16 broken ribs. It is still my belief MR cause life threatening injuries to Tori before she was kicked, stomped and bludgeoned with the hammer. This being the reason why MR threw her to the ground outside his car and TLM could hear the gurgling sounds coming from the motionless body of Tori. AND this also could have also been the reason why there was not a lot of his DNA/sperm evidence is because he was sexually frustrated with Tori's lack of cooperation during the sexual assault. The fact child *advertiser censored*, and abducting children were found on his laptop means a great deal IMHO. Especially when it was viewed/downloaded shortly before Tori's abduction, rape and murder. It goes to show his sexual deviance toward children. Maybe so a lot of people look at *advertiser censored*, but who looks at child *advertiser censored*; sick minded individuals such as MR who prey on the innocence of children IMHO. If you remember correctly, Tori was naked from the waist down which strongly goes to show sexual assault. What would be the purpose of MR removing her HM tshirt if you don't mind me asking? I for one cannot see the sexual gratification he would receive from removing her shirt. Why would TLM remove Tori's clothing from the waist down? Typically it is the male who is the sexual perp. I really have a hard time understanding your thought process in this post. Could you clarify please as to whether you believe MR was framed by TLM? I followed this case very closely from day one including the whole trial and I don't know where you got your information or facts. Possibly it's just all your opinion and if so please kindly clarify. TIA and all :moo:

The Crown contends Rafferty also downloaded "substantial" amounts of child *advertiser censored*, and there was evidence of snuff films — movies depicting real killings — on his laptop. A woman he met online alleged that he drugged, choked and raped her. A litany of past dates reported he had a penchant for sexual choking. Some even complained of his "disconcerting" behaviour toward their children.
The jury doesn't know that, either.

Superior Court Judge Thomas Heeney refused to allow evidence found on Rafferty's laptop and BlackBerry — the searches, the evidence of child *advertiser censored* and a downloaded movie about Karla Homolka — because the search violated Rafferty's charter rights.

Data fragments on Rafferty's laptop indicate he had been downloading child *advertiser censored* since 2005. The Hollywood movie "Gardens of the Night," about the abduction of a young, blond girl — which deviates substantially from what allegedly happened to Tori after the abduction — was downloaded 11 days before she disappeared. The movie "Karla," about Karla Homolka and Paul Bernardo, was downloaded two weeks later.
Investigators also said they found evidence on the laptop of videos "depicting 'how-to' instructions for child sexual assault," and evidence "of recent possession of 'snuff' films inclusive of one with a title suggestive of a child target."
Most of the videos depicted "a variety of graphic and coercive images of violent sexual abuse involving children between one and eighteen years of age," the Crown documents say.
The rape allegation, the way Rafferty acted toward the children of his girlfriends and other such evidence could be considered "bad character" evidence, which is generally inadmissible at trial. Rafferty himself enunciated the principle during his interrogation: "Just because I'm sleazy doesn't make me what I'm being accused of."

http://www.winnipegfreepress.com/ca...ut-michael-raffertys-character-151021275.html

Kitty I believe this is the information you provided above, thank you and HTH.
Three different people had been using that computer, and proving that Mr. Rafferty had been accessing child *advertiser censored* would have been tough, particularly since his stepfather admitted to police he was an aficionado of legal (adult) *advertiser censored*.

http://www.theglobeandmail.com/news...deo-found-on-raffertys-laptop/article4106393/

 

[robynhood]

Respectfully if you believe none of the evidence was definitive then what do you consider Tori's and MR's blood mixed together on his gym bag or the fact her blood and male sperm faction mixed was found in one tiny spot on the door molding? Yes the blood and sperm faction were mixed meaning they were NOT deposited there at different times; but together, this is fact and evidence. We can safely assume it was MR's sperm as we know TLM does not produce sperm nor did Tori. This most certainly proves rape. We do not know if he was having frequent sex in his car, but I would believe if he was, he had condoms also in his car and would have used them to ward off unwanted pregnancies or STI/STDs. IMHO I would assume most women he had sex with insisted he wear a condom. IIRC thorough testing was done on the interior of MR's car and yes his sperm was found in a few odd places. Respectfully I do not agree with what you stated above The only way for her blood and his sperm to be co-mixed would be from vaginal tearing. Tori could have suffered other bleeding injuries at the hands of MR prior to her death such as facial injuries and let's not forget the 16 broken ribs. It is still my belief MR cause life threatening injuries to Tori before she was kicked, stomped and bludgeoned with the hammer. This being the reason why MR threw her to the ground outside his car and TLM could hear the gurgling sounds coming from the motionless body of Tori. AND this also could have also been the reason why there was not a lot of his DNA/sperm evidence is because he was sexually frustrated with Tori's lack of cooperation during the sexual assault. The fact child *advertiser censored*, and abducting children were found on his laptop means a great deal IMHO. Especially when it was viewed/downloaded shortly before Tori's abduction, rape and murder. It goes to show his sexual deviance toward children. Maybe so a lot of people look at *advertiser censored*, but who looks at child *advertiser censored*; sick minded individuals such as MR who prey on the innocence of children IMHO. If you remember correctly, Tori was naked from the waist down which strongly goes to show sexual assault. What would be the purpose of MR removing her HM tshirt if you don't mind me asking? I for one cannot see the sexual gratification he would receive from removing her shirt. Why would TLM remove Tori's clothing from the waist down? Typically it is the male who is the sexual perp. I really have a hard time understanding your thought process in this post. Could you clarify please as to whether you believe MR was framed by TLM? I followed this case very closely from day one including the whole trial and I don't know where you got your information or facts. Possibly it's just all your opinion and if so please kindly clarify. TIA and all :moo:

The Crown contends Rafferty also downloaded "substantial" amounts of child *advertiser censored*, and there was evidence of snuff films — movies depicting real killings — on his laptop. A woman he met online alleged that he drugged, choked and raped her. A litany of past dates reported he had a penchant for sexual choking. Some even complained of his "disconcerting" behaviour toward their children.
The jury doesn't know that, either.

Superior Court Judge Thomas Heeney refused to allow evidence found on Rafferty's laptop and BlackBerry — the searches, the evidence of child *advertiser censored* and a downloaded movie about Karla Homolka — because the search violated Rafferty's charter rights.

Data fragments on Rafferty's laptop indicate he had been downloading child *advertiser censored* since 2005. The Hollywood movie "Gardens of the Night," about the abduction of a young, blond girl — which deviates substantially from what allegedly happened to Tori after the abduction — was downloaded 11 days before she disappeared. The movie "Karla," about Karla Homolka and Paul Bernardo, was downloaded two weeks later.
Investigators also said they found evidence on the laptop of videos "depicting 'how-to' instructions for child sexual assault," and evidence "of recent possession of 'snuff' films inclusive of one with a title suggestive of a child target."
Most of the videos depicted "a variety of graphic and coercive images of violent sexual abuse involving children between one and eighteen years of age," the Crown documents say.
The rape allegation, the way Rafferty acted toward the children of his girlfriends and other such evidence could be considered "bad character" evidence, which is generally inadmissible at trial. Rafferty himself enunciated the principle during his interrogation: "Just because I'm sleazy doesn't make me what I'm being accused of."

http://www.winnipegfreepress.com/ca...ut-michael-raffertys-character-151021275.html

Kitty I believe this is the information you provided above, thank you and HTH.
Three different people had been using that computer, and proving that Mr. Rafferty had been accessing child *advertiser censored* would have been tough, particularly since his stepfather admitted to police he was an aficionado of legal (adult) *advertiser censored*.

http://www.theglobeandmail.com/news...deo-found-on-raffertys-laptop/article4106393/

Thanks for your post above...IMO....I could not have written this ANY CLEARER MYSELF!...and I would also be EXTREMELY interested ....when/and if ...TLM trial will be ever TOLD...As you now I have followed this case along with you and the trial....And my heart is still torn and will always be ............ concerning Our Beautiful Ontario ANGEL taken way to early !...the twitter robin from the trial...robynhood...I am thankful MR has been put away but I personally FEEL MORE should and needs to be DONE in OUR COUNTRY concerning these cases...I shall say nothing further ...I am sure you know what I mean ...thanks again SWEDE as this was another wonderful post ...9 year old died in a tragic horrfic mannner and Rafferty "ADMITTED">>>>that Tori would be here today if he was NOT involved ...the end of my rant for TODAY!..robynhood!

 

[Hello_Kitty]

Maybe he won`t appeal since he incriminated himself during his sentencing statement, duh. Double duh, he said he was innocent of all three charges, yet in almost the same breath he says he is definitely responsible for the baby Angel being where she was. I wish I could write what a piece of **** he is, but I won`t take that away from Rodney, he said it better than I did and to his face. I`m still so angry at this... I dont`want to blame his Mother because I know from experience what she is going through, however, there must`ve been signs this piece of crap was rotten.

 

[Sillybilly]

Unfortunately, all that extra evidence that we heard after the jury was sequestered will not be included in his file (unless he appeals and the evidence is somehow allowed) since it wasn't admissible at his trial - I do hope tho that the laws will have changed regarding parole by the time he is due to apply. One good thing, he will be on sex regristy designated as a pedo and his DNA is now in police data base forever.

The NPB is not limited to only reviewing evidence that came out at trial. They have a vast array of information available to them:

see Section 2.1 "Assessment for Pre-Release"

http://pbc-clcc.gc.ca/infocntr/policym/polman-eng.shtml#_Toc296953777

 

[crazyladi]

Too bad they didn't have to put up with the urine & feces, poor babies... my heart just bleeds for them (not)

Exactly. In my opinion they should have two to a tiny cell and if there is feces and urine all over the place who cares. No one should have to clean it up period, let them rot in their own crap.

The jury asked " if two people are present and one person removes a child's clothes, can both be charged with sexual assault"?

The answer from the judge: "You can't remove clothing without it being assault. involves force and attacks sexual integrity of the person"

There is the evidence right there, that is all that is need to convict of sexual assault, it doesn't matter who it was that removed them, they were both present.

Also this was a smart jury, I think they understand the chances of Tori's blood landing on someone else's sperm cells or MR's from previous encounters in his car are very slim. If there were more of a chance of that happening Derstine would have brought up the probability, he didn't just that it could be happen, just like most other things nothing is definitive. Also why would you expect there to be a lot of cells present, I really don't want to go into detail as just thinking about it still breaks my heart, but there wouldn't necessarily be a lot of cells if he did a) used a protection or b) did not ejaculate while.....
And that's where I will stop.

Ok yes, lots of people watch it, but not the kind he did, not the searches he did. Most will watched the regular stuff, only pedophiles and sickos watch what he did.

Couldnt agree more. Maybe she missed the whole trial and facts as they were pretty darn clear during through out the whole trial.

I am still not over the fact that Derstine said its possible her pants were missing or down because she was peeing.... if anyone could believe that then something is wrong with them because that makes no sense whatsoever!!!

 

[swedie]

The NPB is not limited to only reviewing evidence that came out at trial. They have a vast array of information available to them:

see Section 2.1 "Assessment for Pre-Release"

http://pbc-clcc.gc.ca/infocntr/policym/polman-eng.shtml#_Toc296953777

Great to have this information SB, thank you. IMHO I don't think MR will ever be free from a prison cell. Taking into account the link you provided with this pertinent information and the viciousness and premeditated planning I feel very confident he's going no were without bars to contain him. I'm remaining very optimistic also that in 20 some years from now our laws will be more harsh and more prisons will be built to house these sick minded monsters for the rest of their lives. Time will tell.

As June turns into July, I cannot help but to think of Tori and the fact that she should have been celebrating her 12th birthday on July 15th. It's so heartbreaking her family and friends cannot watch our little Angel grow up and be the happy little girl she was meant to be. Here's hoping Tori's family will be celebrating her 12th birthday sharing happy memories and the great times they did have together in her short eight years.

Never to be forgotten Dear little Angel Tori.

 

[robynhood]

...YEP I also have been thinking a lot about TORI! July does mark a special time for Tori's family as it is very SAD that they cannot celebrate her birthday....It reminds me of my own son's birthday July 19th...and we all know what July 19, 2009 also meant I got that TRAGIC news as I was out with all of my son's friends celebrating his birthday ...I shall never forget JULY !9 2009 as it still tears at my Heart terribly.....

Has anyone heard ANY THING about Michael Rafferty ...he should have had his 6 weeks assessment at Malhaven...I have done endless google search BUt nothing appears????....I would have thought he would be arriving @ his NEW HOme in KINGSTON Penn....????....if anyone hears I am sure it shall be posted here I am hoping???

...Plus I wonder if TLM trial outcome shall ever surface ...? ...IMO ...it would be interesting as to what went on???....there was a publication bann as we all know!

Always remember in ONTARIO'S heart OUR ANGEL TORI.......I hope you are finally RIP TORI ....& your family is starting to heal the best they can after such a HORRIFIC TRAGEDY and Trial...God Bless our sweet little ANGEL TORI xxooo..robynhood

 

[Wondergirl]

Rafferty is going down as one of Canada's most despicable criminals.

Canada's Most Notorious Crimes

These are some of the most controversial crimes our society has ever witnessed

10 infamous crimes committed by Canadians

by Roop Gill


Hockey, maple syrup, CN Tower, and the breathtaking outdoors: Canadians have a lot to be proud of. But that doesn’t mean we don’t have skeletons in our closet. From horrific massacres to unthinkable crimes, Canada has been home to its fair share of criminals that have shocked the citizens of the Great White North, and well beyond. By no stretch of the imagination do we intend to glorify these criminals, but while we celebrate being Canadian, it is important to reflect upon some of the most infamous crimes our society has ever witnessed.

http://news.sympatico.ca/SpecialReports/canadian_criminals



*

 

[Wondergirl]

Perhaps this new App will prevent many crimes from going unsolved, and perhaps prevent the crime in the 1st place.

Toronto police unveil crime-fighting app

It's billed as a North American first — a crime-fighting mobile app for smartphones to be unveiled Wednesday by Toronto police and the city's Crime Stoppers program.

The app includes interactive features that enable Toronto-area residents to alert police in real time about a crime or potential crime through photos, video, emails, text, and a button that autodials Crime Stoppers.

The app also includes a database of some of city's wanted criminals, social media updates and a GPS locator to nearby police stations.

http://www.cbc.ca/news/canada/toronto/story/2012/07/04/toronto-crime-app.html

 

[Hello_Kitty]

Rafferty is going down as one of Canada's most despicable criminals.

Canada's Most Notorious Crimes

These are some of the most controversial crimes our society has ever witnessed

10 infamous crimes committed by Canadians

by Roop Gill


Hockey, maple syrup, CN Tower, and the breathtaking outdoors: Canadians have a lot to be proud of. But that doesn’t mean we don’t have skeletons in our closet. From horrific massacres to unthinkable crimes, Canada has been home to its fair share of criminals that have shocked the citizens of the Great White North, and well beyond. By no stretch of the imagination do we intend to glorify these criminals, but while we celebrate being Canadian, it is important to reflect upon some of the most infamous crimes our society has ever witnessed.

http://news.sympatico.ca/SpecialReports/canadian_criminals



*

Awsome, we should never forget these monsters, cuz when their time for parole comes up, people will remember what they did.

---

On another note, I was thinking yesterday why MR hadn't filed an appeal yet, perhaps he did find a lawyer, but was told to wait to file an extension because it was too fresh in people's minds right now and people would not be happy?

 

[swedie]

Awsome, we should never forget these monsters, cuz when their time for parole comes up, people will remember what they did.

---

On another note, I was thinking yesterday why MR hadn't filed an appeal yet, perhaps he did find a lawyer, but was told to wait to file an extension because it was too fresh in people's minds right now and people would not be happy?

You could be right HK but I'm thinking more along the line MR has no justifiable reason to appeal. I would assume again he would be appointed a legal aid lawyer and he/she would advise MR whether his appeal would even be worthy of filing. JMO but it's possible the media doesn't even know if MR has spoken to a lawyer; just that he hasn't filed an appeal yet. AND I don't see him having a good enough reason to appeal anything. All I's were dotted and all T's were crossed in the trial and I don't think he has a leg to stand on. I pray he rots away in a tiny, dingy prison cell, miserable and depressed as all heck and no visitors. He deserves whatever *****ty treatment he has coming to him. :moo:

Dear Angel Tori, you are at peace now and the two sick, evil individuals who took you away will pay for what they did to you.

 

[Hello_Kitty]

I just got this really bad vibe about MR's appeal. Perhaps he did find a lawyer to handle his appeal, and the lawyer told him to wait to file an extension so as to let time go by a bit, thinking that maybe people would forget?

I hope that isn't the case because I can't believe anyone would be stupid enough to think that Victoria's murder and who murdered her would be forgotten that easy and that soon.

oh oops, I'd forgotten I'd posted my thought already about MR's appeal. Losing my sanity I see.

 

[swedie]

Just wondering what MR could base his appeal on; anyone have any thoughts? Derstine stated possibly the location of where the trial was held may be grounds for appeal but I myself bet that appeal would be denied as I believe Derstine and MR were ok with the location of London when that was decided on over a year ago IIRC. There will not be an appeal based on the evidence which was NOT allowed to be presented during the trial obviously and thank you to Judge Heeney for that ruling. Maybe evidence which was presented??:waitasec: What that could possibly be, I have no idea as everything was thoroughly gone over during the pretrial hearing. IMHO I don't think there will be an appeal case. He may try out of desperation or the sheer thought of being a burden to taxpayers because he can. MR is evil and knows he was the one who instigated and probably murdered Tori. Mind you he's probably desperately trying to come up with something, but it'll be a loss cause. That's just the way a psychopath's mind works IMO.

May he rot in hell. :woohoo::woohoo::floorlaugh:

http://kitchener.ctvnews.ca/michael-rafferty-pre-trial-hearings-set-to-begin-in-london-1.754061

 

[swedie]

Dear Tori, I think of you so often and it breaks my heart to know what you were forced to go through during the last few hours of your sweet innocent short life. No child should ever have to be faced with this type of torture by sick, evil monsters ever. I pray the laws will change and anyone who harms or murders children in such horrific ways are dealt with to the full extent of the law and put away forever in a tiny jail cell for the remainder of their lives. I hope your daddy goes on to seek and make these changes possibly in your honour.

I'm very saddened to think you should be home with your loving family and your big brother, your best friend, planning your upcoming 12th birthday just eight days away. I want you to know that on your birthday I will be celebrating your special day in my own way and remembering the sweet, pretty little girl who stole my heart over three years ago. May the rewards of heaven out weight any happiness you had here on earth.

Forever in my heart sweet Angel!

 

[robynhood]

Tori sweetie I shall never ever forget you ...or the day they found you July 19 2009...my own sons birthday...you enter my mind very often and just bought shania Twain's album ..."UP" your fav song as i was thinking of you>> and I play it often...forever remembered and loved by so many in Ontario....I pray one day ...Canada recognizes the Tori Law...and i pray never to read of such a horrific assault on ...a pretty angel ...Tori ...MAy you RIP and I pray you are chasing beautiful butterflies in PEACE...Your final HOURS by those MONSTERS SHOULD HAVE never happened...rip sweet angel ..and your attackers may you rot forever...robynhood..one here who loves kids with all her heart...<3

 

[swedie]

You are right Mr. Tucker. For whatever reason that may be, it confuses me all to heck. Denial, ignorance, doubt, law abiding, antagonistic, family, there is no excuse IMHO to sympathize or be on that evil side with the criminal mind. Sympathies should be first and foremost with the victim, especially an innocent child and the child's family. Shame on those who sympathize with the guilty monsters. Rot in hell MR.

I'm often amazed at the sympathy people are so quick to express for the criminal (Michael Rafferty) and the lack of it for the victim (Tori Stafford).

Sentencing Rafferty to 25 years is not punishment: he still gets to breathe, eat, sleep, communicate, exercise, read, watch TV, use a computer, etc., none of which is possible for the innocent victim. He has no bills to pay and doesn't have to work.

Our tolerance of evil is setting the stage for more innocent victims to be used, abused and discarded like trash. Being declared guilty and sent to jail is no deterrent to heinous crime (see Ecclesiastes 8: 11).


Read more: http://www.leaderpost.com/life/Letter+Editor+Execute+real+justice/6874004/story.html#ixzz20N8gZVr5

 

[snoofer]

Those names ..Raffery...McClintic and sadly Tori Stafford are forever etched in the minds of anyone who followed the case...time will not let people forget....an appeal is futile IMO.

Rest in peace little one. Your small time on this earth made such a tremendous impact on so many. You will not be forgotten.

 

[Hello_Kitty]

Just wondering what MR could base his appeal on; anyone have any thoughts? Derstine stated possibly the location of where the trial was held may be grounds for appeal but I myself bet that appeal would be denied as I believe Derstine and MR were ok with the location of London when that was decided on over a year ago IIRC. There will not be an appeal based on the evidence which was NOT allowed to be presented during the trial obviously and thank you to Judge Heeney for that ruling. Maybe evidence which was presented??:waitasec: What that could possibly be, I have no idea as everything was thoroughly gone over during the pretrial hearing. IMHO I don't think there will be an appeal case. He may try out of desperation or the sheer thought of being a burden to taxpayers because he can. MR is evil and knows he was the one who instigated and probably murdered Tori. Mind you he's probably desperately trying to come up with something, but it'll be a loss cause. That's just the way a psychopath's mind works IMO.

May he rot in hell. :woohoo::woohoo::floorlaugh:

http://kitchener.ctvnews.ca/michael-rafferty-pre-trial-hearings-set-to-begin-in-london-1.754061

There was also talk of an appeal based on the admission of McClintic's first confession. Some believe it should never have been admitted as evidence.

I don't believe that myself. I believe all evidence should weigh in at a trial for such a heinous crime.

Happy Birthday dearest Victoria. Just 3 days left. I hope you have lots of puppies and kittens to play with in heaven. Give your family strength to get through this.

 

[maxfactor]

Happy 12th Birthday little angel, I've been thinking about you and your family all day today. :cupcake:

 

[matou]

Happy 12th Birthday little angel, I've been thinking about you and your family all day today. :cupcake:

Happy Birthday Tori! xoxo

:heartbeat::heartbeat::heartbeat: