Michael Rafferty Appeal?

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:banghead:I agree with the post above me..I watched , read since the beginning and twittered almost the whole trial here...not a Legal expert but ...this trial was fair ...IMO...I feel the judge actually was extremely careful NOT to let M.R.'s computer data into the court ..He DID NOT wanT A MISTRIAL or ANY Grounds for appeal....IMO again....MY thoughts are the same as Nursebeam ( think that is the user name)said something like ...' this is what these do of course MR will try his best to get an appeal ...It his twisted mind this is not his fault....OMG that is the UNDERSTATEMENT....this is ALL YOUR FAULT MR..you were there ...driving Your car ( undeniable ) ...it was your Idea ..so YOU Are GUILTY of all you were sentenced too...so FACE UP TO IT ..enjoy your stay In Kingston PENN and may your last breath be right where you are ....3 counts of GUILTY...and I do believe STRONGLY...this shall ONLY be a paper case ...NOTHING will come of it...as in NO MORE TRIALS...may MR ROT in what he did !!!! ...this maes me ANGRY that he is pulling an appeal....not surprised tho...but disgusted for Tori's family....OUR ONT> ANGEL we love you....robynhood...:banghead:
 
Just that fact that I we have to see his name in the headlines again is enough to make me sick.

I continue to feel for Victoria's loved ones, the agony that brought, and continues to bring to their lives.

May they have the strength to endure. Hopefully, this judicial right to appeal will move quickly, and be quashed, so her family may try and find some peace.
 
Just because he appealed it doesn't mean it will get him anywhere. Hope they slam the book on him after putting the big DENIED stamp on his appeal. :denied: (Hope they slam his cell door on his head after escorting him back to his cell after the denial.) :floorlaugh: I feel pretty positive that is what will happen with this scumbags appeal. :denied:

This article is dated August 3, 2012. For what it's worth and MOO I cannot see any lawyer who reads all the transcripts and information regarding the 's trial telling him he has reasonable grounds to be granted a new trial or his appeal is worth fighting. His lame excuses for filing an appeal are just ludicrous. His grounds for appeal; Firstly, the jury failed to apprehend the evidentiary requirement to convict for 1st degree murder. The jurors were given the evidence MR was present during the abduction (IMO it was his plan), he transported her in his vehicle to Mount Forest. All the evidence presented during trial, happened in between Tori being abducted until her demise constitutes first degree murder. Secondly, the judge DID NOT fail to instruct the jurors properly. They were given thorough instructions prior to hearing the case and then again at the end. The jurors where made aware that at anytime during the trial if they felt they did not understand something or wanted further clarification, they could could ask for further instructions. They jurors obviously understood the evidence. At the end, while deliberating they asked a few questions of the judge to clarify, which to me means they fully understood and just wanted to make certain their understanding was verified by way of the legal system.

Michael Rafferty, convicted of the sexual assault and murder of 8-year-old Victoria (Tori) Stafford, has filed a notice to appeal his conviction. The notice may just be the first step in a long process.

Now, more than two months after his conviction, Rafferty is trying to overturn the decision on three grounds, which one expert suggests is “lacking.” (I believe it's only 2 grounds) typo?

“I would think he has very little chance of succeeding in the appeal,” said Peter Rosenthal, a professor at the University of Toronto’s Faculty of Law. “His grounds listed do not offer much hope for success.”

Rafferty’s first ground for appeal, “the jury failed to apprehend the evidentiary requirement to convict for 1st degree murder,” may be phrased as “the jury's verdict was unreasonable,” according to Rosenthal.

While that could be true, “courts have uniformly said that there is a heavy burden on an Appellant to establish that a jury verdict was unreasonable,” he says.

The second basis of Rafferty’s notice of appeal, “The Honourable Judge failed to properly instruct the jury,” also provides a problem for Rafferty, according to Rosenthal – not for what it says, but for what it lacks.

“The key thing for him is to get the appeal before the court, and now that he has that, and assuming he’s allowed that extension of time, now he can get the time to retain counsel,” Honickman said.

Though before he can retain counsel and amend his notice of appeal, the Ontario Court of Appeal has to accept his current notice, Honickman said, then allow him the time to have it amended.

The many shortfalls of the original notice may be remedied if Rafferty can attain legal counsel willing to appeal the case – a long process.

“They’d have to read the transcripts, they’d have to go through all the areas and really get acquainted with what exactly happened at that trial before they’d ever be able to say ‘oh this appeal doesn’t stand a chance,’ or ‘this appeal is very good.’”


http://www.globalnews.ca/canada/chance+of+appeal/6442691499/story.html

Canadian Criminal Law/Offences/Homicide
http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Homicide

Canadian Model Jury Instructions
http://www.cjc-ccm.gc.ca/english/lawyers_en.asp?selMenu=lawyers_modeljuryinstruction_en.asp

I'm so sorry Tori's family has to endure this 's BS, waiting and wondering if justice will prevail. As I've stated before, MR is a desperate and this is his only option in hopes of getting out of prison and not having to live his life out confined to a tiny jail cell all alone for the rest of his pathetic life. He knows he's guilty, the instigator and he is truly a sick, sexual deviant but, desperate people do desperate things. Rot in He!! MR.

Stay strong Victoria's loved ones and have faith in our justice system, they will do the right thing. Deny his appeal. All MOO.
 
It's my understanding, based on various articles I have read, that he had to apply for a time extension to even file an appeal because he missed the deadline. Based on the following link, the time extension was granted and he has not filed any paperwork yet. Making it at a stand still.
http://news.nationalpost.com/2012/1...-proceed-with-appeal-in-tori-stafford-murder/

This must be horrible for the family. I can't even begin to understand what they have been through and continue to go through.
 
His appeal wont amount to anything in my opinion. He's just white noise right now. If he even follows thru with it.
 
Sorry I didn't read back to find if we had discussed about the lawyer who said he would represent the "IF" his appeal went through. This lawyer will be appointed to him should his appeal be successful? What I wonder is, now that the has been granted notice to go ahead, they have accepted his late appeal, does that mean this lawyer will NOW be helping the or will it be only after, "IF" the appeal goes through? This article doesn't make it clear. Would the be allowed to use legal counsel to help him write out his appeal in detail or is MR on his own? More waste of tax payers money. I hope this lawyer has had the opportunity to talk to the and laugh in his face telling him he's fighting a losing battle. I believe this lawyer is saying he will represent the "IF" there is another trial. I sure hope he's not helping the prepare his appeal. Btw I use "IF" because I believe he doesn't have a hope in he!!. Just curious.

Article dated Aug. 2, 2012.
To appeal a conviction, new evidence or proof of an error by the trial judge must be introduced.

Joseph Neuberger, a Toronto criminal defence lawyer, told the Globe that Mr. Rafferty has applied for a legal aid support. “If successful, then he has requested that I and my firm represent him, which we are prepared to do,” Mr. Neuberger said on Thursday.

http://www.theglobeandmail.com/news...viction-in-tori-stafford-case/article4459310/

A few posters thought DD was an excellent defence lawyer and I can say I did like the way he fought for his client to get him off of first degree murder, rape and abduction. :floorlaugh::rocker: Let's hope JN or DD also represents Luka M. LM will be spending the rest of his life in prison then.

“What will be the more interesting development is whether Mr. Magnotta will essentially confess to police investigators (if he hasn’t already) and then wind up pleading guilty saving the time and cost of a trial,” says Neuberger.

http://www.advocatedaily.com/2012/06/magnottas-home-whats-next/#more-9531
 
swedie said:
Sorry I didn't read back to find if we had discussed about the lawyer who said he would represent the "IF" his appeal went through. This lawyer will be appointed to him should his appeal be successful? What I wonder is, now that the has been granted notice to go ahead, they have accepted his late appeal, does that mean this lawyer will NOW be helping the or will it be only after, "IF" the appeal goes through? This article doesn't make it clear. Would the be allowed to use legal counsel to help him write out his appeal in detail or is MR on his own? More waste of tax payers money. I hope this lawyer has had the opportunity to talk to the and laugh in his face telling him he's fighting a losing battle. I believe this lawyer is saying he will represent the "IF" there is another trial. I sure hope he's not helping the prepare his appeal. Btw I use "IF" because I believe he doesn't have a hope in he!!. Just curious.

Article dated Aug. 2, 2012.
To appeal a conviction, new evidence or proof of an error by the trial judge must be introduced.

Joseph Neuberger, a Toronto criminal defence lawyer, told the Globe that Mr. Rafferty has applied for a legal aid support. “If successful, then he has requested that I and my firm represent him, which we are prepared to do,” Mr. Neuberger said on Thursday.

http://www.theglobeandmail.com/news...viction-in-tori-stafford-case/article4459310/

A few posters thought DD was an excellent defence lawyer and I can say I did like the way he fought for his client to get him off of first degree murder, rape and abduction. :floorlaugh::rocker: Let's hope JN or DD also represents Luka M. LM will be spending the rest of his life in prison then.

“What will be the more interesting development is whether Mr. Magnotta will essentially confess to police investigators (if he hasn’t already) and then wind up pleading guilty saving the time and cost of a trial,” says Neuberger.

http://www.advocatedaily.com/2012/06/magnottas-home-whats-next/#more-9531
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I take that to mean "if he is successful in getting Legal Aid..."
 
Hmm legal aid, why wouldn't he get legal aid? This lawyer makes it sound like there's a chance he might not get it by saying "if". That would be wonderful if he was denied legal aid and was left on his own to fight the battle. IMHO he should be denied as we've wasted enough money on this guilty . If denied he would just roll over and cry I'm sure. the wimpy azz coward. MOO
 
swedie said:
Hmm legal aid, why wouldn't he get legal aid? This lawyer makes it sound like there's a chance he might not get it by saying "if". That would be wonderful if he was denied legal aid and was left on his own to fight the battle. IMHO he should be denied as we've wasted enough money on this guilty . If denied he would just roll over and cry I'm sure. the wimpy azz coward. MOO
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I thought I read somewhere here on WS back a while ago that he would have to pay for the appeal out of his own pocket? I would have to go back and dig through the posts again and don't have time at the moment. Maybe I am wrong.
 
I asked a lawyer friend about the extension for the appeal and she said that extensions are quite often granted when the accused is in the penitentiary but it doesn't mean that the appeal will be granted just because the time extension was given. Hope she's right.
 
This appeal will not go through. Let me explain and I think you will all agree.

First - let's not forget, this received MORE than a fair trial and is right where he belongs and also where he will spend the rest of his days, in a fate much worse than death...that is in complete misery, 23 hours a day,..same walls, rotting in a very small cell. For this - there will never be anymore cruising around,... no more texting,.. no more smirks,..no purple ties,..no more causing harm,...no love,... and last but certainly not least - no more chances for freedom,... of any kind. Truly, hell on earth.

As far as this appeal extension - this gives this 'hope',....but this hope is false. Here is a quote from 'Dark Knight Rises' that says it all(it's about the underground prison, from the charater Bane, that explains this type of hope,....hope where the light of day seems so close yet will never be reached) :

"Home, where I learned the truth about despair, as will you. There's a reason why this prison is the worst hell on earth... Hope. Every man who has ventured here over the centuries has looked up to the light and imagined climbing to freedom. So easy... So simple... And like shipwrecked men turning to sea water from uncontrollable thirst, many have died trying. I learned here that there can be no true despair without hope."

Now this may also make you all feel a little bit better. It did me. I have a friend who was a former guard at Kingston - but before this 's time but he did do duty in the segregation ward and answered my many questions. Anyway, he went for a visit last summer, to see friends and family, but he also paid a visit to Kingston as well as he still has friends that still work there. He too was familiar with this and this awful tragedy, and I asked if he actually saw him to which he said "no" but he did tell me this is in something called a 'segregation hut',.....he also told me that the segregation hut is actaully smaller than the regular cells in the actual segragation ward. Love it! Google image 'Paul Bernardo in cell' and have a look how small they truly are. Like said, hell on earth. This is going NO WHERE except insane for this unforgivable crime. The jury and judge got it right and this is where he will remain for the rest of his pitiful existence.

Rest easy fellow 'Sleuthers and let's always keep our thoughts positive in Tori's memory and for her family and for her friends. Rest easy and stay strong Tori's family - we will ALWAYS be here for you,.... and to beautiful Tori,... from where ever you are watching - you will be in our hearts FOREVER!!! We love you!!
 
Manny1971 said:
This appeal will not go through. Let me explain and I think you will all agree.

First - let's not forget, this received MORE than a fair trial and is right where he belongs and also where he will spend the rest of his days, in a fate much worse than death...that is in complete misery, 23 hours a day,..same walls, rotting in a very small cell. For this - there will never be anymore cruising around,... no more texting,.. no more smirks,..no purple ties,..no more causing harm,...no love,... and last but certainly not least - no more chances for freedom,... of any kind. Truly, hell on earth.

As far as this appeal extension - this gives this 'hope',....but this hope is false. Here is a quote from 'Dark Knight Rises' that says it all(it's about the underground prison, from the charater Bane, that explains this type of hope,....hope where the light of day seems so close yet will never be reached) :

"Home, where I learned the truth about despair, as will you. There's a reason why this prison is the worst hell on earth... Hope. Every man who has ventured here over the centuries has looked up to the light and imagined climbing to freedom. So easy... So simple... And like shipwrecked men turning to sea water from uncontrollable thirst, many have died trying. I learned here that there can be no true despair without hope."

Now this may also make you all feel a little bit better. It did me. I have a friend who was a former guard at Kingston - but before this 's time but he did do duty in the segregation ward and answered my many questions. Anyway, he went for a visit last summer, to see friends and family, but he also paid a visit to Kingston as well as he still has friends that still work there. He too was familiar with this and this awful tragedy, and I asked if he actually saw him to which he said "no" but he did tell me this is in something called a 'segregation hut',.....he also told me that the segregation hut is actaully smaller than the regular cells in the actual segragation ward. Love it! Google image 'Paul Bernardo in cell' and have a look how small they truly are. Like said, hell on earth. This is going NO WHERE except insane for this unforgivable crime. The jury and judge got it right and this is where he will remain for the rest of his pitiful existence.

Rest easy fellow 'Sleuthers and let's always keep our thoughts positive in Tori's memory and for her family and for her friends. Rest easy and stay strong Tori's family - we will ALWAYS be here for you,.... and to beautiful Tori,... from where ever you are watching - you will be in our hearts FOREVER!!! We love you!!
Click to expand...

Great post!
 
Manny1971 said:
This appeal will not go through. Let me explain and I think you will all agree.

First - let's not forget, this received MORE than a fair trial and is right where he belongs and also where he will spend the rest of his days, in a fate much worse than death...that is in complete misery, 23 hours a day,..same walls, rotting in a very small cell. For this - there will never be anymore cruising around,... no more texting,.. no more smirks,..no purple ties,..no more causing harm,...no love,... and last but certainly not least - no more chances for freedom,... of any kind. Truly, hell on earth.

As far as this appeal extension - this gives this 'hope',....but this hope is false. Here is a quote from 'Dark Knight Rises' that says it all(it's about the underground prison, from the charater Bane, that explains this type of hope,....hope where the light of day seems so close yet will never be reached) :

"Home, where I learned the truth about despair, as will you. There's a reason why this prison is the worst hell on earth... Hope. Every man who has ventured here over the centuries has looked up to the light and imagined climbing to freedom. So easy... So simple... And like shipwrecked men turning to sea water from uncontrollable thirst, many have died trying. I learned here that there can be no true despair without hope."

Now this may also make you all feel a little bit better. It did me. I have a friend who was a former guard at Kingston - but before this 's time but he did do duty in the segregation ward and answered my many questions. Anyway, he went for a visit last summer, to see friends and family, but he also paid a visit to Kingston as well as he still has friends that still work there. He too was familiar with this and this awful tragedy, and I asked if he actually saw him to which he said "no" but he did tell me this is in something called a 'segregation hut',.....he also told me that the segregation hut is actaully smaller than the regular cells in the actual segragation ward. Love it! Google image 'Paul Bernardo in cell' and have a look how small they truly are. Like said, hell on earth. This is going NO WHERE except insane for this unforgivable crime. The jury and judge got it right and this is where he will remain for the rest of his pitiful existence.

Rest easy fellow 'Sleuthers and let's always keep our thoughts positive in Tori's memory and for her family and for her friends. Rest easy and stay strong Tori's family - we will ALWAYS be here for you,.... and to beautiful Tori,... from where ever you are watching - you will be in our hearts FOREVER!!! We love you!!
Click to expand...

:welcome5: AND :great::great:

Great post Manny and that's the way I see it. He's confined to a small, dingy, smelly, damp cell and has absolutely NOTHING to look forward to other then his next sh!itty meal which other inmates have probably spit in or worse. JMHO but the death penalty is too humane for this . It's the easy way out for him; he wouldn't have to think about what his evil mind did to a precious child, how much he misses the love of women, just the simple freedoms we take for granted each and every day is no longer his. His blackberry, car, his own clothing, a comfortable, warm bed, that's just a few simple things. He is haunted every day by his evil deeds. I hope he has nightmares every time he closes his eyes and has nowhere to escape and no one to comfort him. Yes we the taxpayers have to pay for this scum of the earth but if it keeps him off our streets and he has to live confined to a tiny cell with no luxuries and nothing to look forward to, to me that's fair. Rot in hell is literally what he is doing. :moo:

We will never forget you Victoria Stafford.
 
GingyzGirl8 said:
Hi Swedie and thanks for the welcome:seeya: To answer your question I am the girlfriend of Rodney Stafford and have quite a bit of insight and knowledge regarding this case as I was in the court room every day through the trial! Also I was present last week when he received a phone call from victim assistance services stating that the process is underway :please: Hope to god they see through this BS and lock him up for good:jail:
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Welcome to Toris forum! So many of us have been here since April 8th 2009 and Tori has truly blessed all of our hearts. I went to the trial quite a few times as well and wanted to talk to you and Rodney and let you know how much we all care and love Tori but thought you guys needed your space at that point and time. It was so nice to see you being there for Rodney day in and day out, I cant imagine what you went and are still going through. Tori is watching over you all and so proud to call you her family. MTR will rot in jail until he dies, where he belongs. We LOVE YOU TORI!!!!
 
GingyGirl8 I second the comments by Justicefortori...another one who had written that I was here from almost the beginning ..took a whole to find this awesome site ( found it Dec.24 . 2009). I was up all night when I found it and was glued to this site. Being a Primary teacher who sent those perv notes home to my classroom many years ago.I used to live where that MORON( Imo) MR lived .It made me gasp to think if my kids were older than they could have been at the SAME school! .. ..Anyways my heart always went out to Tori's awesome family! I do not know how you could have dealt with this all!THIS IS MY OPINION and I want you to know I have worked EXTREMELY hard and wanted desparately for Steve Harper to BRING the "Tori Law " into Canada...IMO Very Strongly! I send you thiis message with all my <3 as i have been TORN inside out when my son first brought her diappearance to my attention in early APRIL 2009..I watched the whole trial and tweeted it here...rockin robynhood..I cannot get Tori out of my mind and think of her DAily...We were all very commented to see a GUILTY of all 3 Charges ..and thk god that did happen...I love you Tori even tho I never met you..I love all children but Tori is a Special ANgel in my <3 and i am sure she is watch down on her family who loved her so very much..robynhood!...<3
 
No more news about that 's appeal? I guess not, since no one posted that he was granted one, that's good news.

I was thinking the other day about the purple flowers that grow along my fence in early summer (the ones that never appeared there before until Tori was found), it was a random thought, but I think it was a good sign for Tori. God is on her/and her family's side.
 
:spring: :bee: :spring:
Hello little Angel! :hug: :sunshine: Spring is just around the corner and we'll soon see a lot of beautiful, purple flowers sprouting up through the soil. Just a sweet little reminder of you. I will never forget you and your beautiful blue eyes and adorable sweet smile.
:spring: :bee: :spring: :bee:
 
Spring is definitely on it's way. I too will plant something in Tori's memory. I will have a section of my garden in purple for her.

Was thinking about you Swedie the other day wondering how you are doing.

Then I saw Hello Kitty and and Robynhood. Boy this was a long, and emotional case.

Nice to see folks still are remembering Tori, does anyone know how her family is doing?

God Bless Tori and her family. Take care comrades!:seeya:
 
snoofer said:
Spring is definitely on it's way. I too will plant something in Tori's memory. I will have a section of my garden in purple for her.

Was thinking about you Swedie the other day wondering how you are doing.

Then I saw Hello Kitty and and Robynhood. Boy this was a long, and emotional case.

Nice to see folks still are remembering Tori, does anyone know how her family is doing?

God Bless Tori and her family. Take care comrades!:seeya:
Click to expand...

Hiya Snoofer! :seeya: Great to hear from you and I am doing well, thank you for asking. My purple crocuses came up last week :D and as soon as I saw them I envisioned little Tori with her beautiful blue eyes and big smile.

RS's gf has made some posts not too long ago, did you read them?

Sadly Monday April 8th will mark the 4th year, 4 years ago this precious little girl was reported missing. I hope everyone says a prayer for her family and honours Victoria in some way or another on Monday. I am going to release a purple balloon that day with a special note in it to Victoria.

To Tori's family and friends, I hope and pray you remain strong in your fight for justice and remember all the wonderful things about Victoria. Bless each and everyone of you and stay strong. So many people support you in your fight for justice. We will never forget you Sweetheart! XOXOXO
 
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