Trial Thread 4/26/2012

[Sailor Bug]

Showing comparison photos between Rafferty and others with dyed hair.

The court reporter is coughing, asks for a five minute break. Heeney grants it.

RaffertyLFP: Court is recessed for 5 minutes

 

[matou]

The Crown is expected to wrap up its case against Michael Rafferty on Thursday, accused of first-degree murder in the death of 8-year-old Victoria ‘Tori’ Stafford, who was abducted on her way home from school in 2009. But what Rafferty’s defence team plans next - and whether they plan to put their client on the stand - is anyone’s guess.
Defence lawyer Dirk Derstine has not said yet if he plans to call any witnesses

http://www.edmontonsun.com/2012/04/26/will-rafferty-take-the-stand

 

[Sailor Bug]

RaffertyLFP: Court resuming

Ready to resume.

RaffertyLFP: Lanna says analysis of hair highlights in fotos of Rafferty and McClintic inconclusive

 

[fats]

The people below were Wrongfully Convicted for horrific crimes.

All the evidence presented by the crown also convicted them.
The media stories convicted them.
The public convicted them.

I for one will wait until I hear the entire case before I string anyone up ...

Canada's wrongful convictions
James Driskell
Anthony Hanemaayer
Donald Marshall Jr.
Simon Marshall
David Milgaard
Guy Paul Morin
William Mullins-Johnson
Romeo Phillion
Thomas Sophonow
Steven Truscott
Kyle Unger
Erin Walsh

I realize this can and has happened and that's why a fair trial is important. DNA analysis proved a lot of those people were wrongly convicted.
DNA, VIDEO and Cell phone technology are strong evidence in this case. This type of evidence being presented against MR is much stronger than what sent those to jail!

 

[Sailor Bug]

The brightness levels of Rafferty's hair in his mug shot do appear heightened, according to Lanna. But "that's as far" as he can go.

RaffertyLFP: Lanna was also asked to examine images of Shaq running shoes worn by McClintic at cinema grocery store and Home Depot

He also looked at McClintic's (supposed) running shoes, and compared them to shots of McClintic wearing them.

Some markings on the shoes appear to be the same.

 

[Sailor Bug]

RaffertyLFP: Six feature of the Shaq running shoes in the video match the police fotos of the shoes after they were seized

Showing photos of McClintic at the Woodstock movie theatre, highlighting the shoes. Comparing them to the ones found north of Guelph.

He says there are enough details to compare the shoes.

He can't identify some dark spots on the found shoes, that may not be on the shoes seen in March, 2009.

 

[otto]

I don't understand how, in the Canadian Criminal Justice System, that the defence does not have to provide any discovery or witness lists to the Crown prior to the day they take over their presentation. How is it right that the Crown has no idea what is going to be presented and no opportunity to investigate and interview any witnesses the defence may call as to their credibility or expertise? And they just have to "wing it" with their cross? This does not seem like a fair system in determining a person's innocence or guilt to me.

MOO

It's partially true that the defence does not have to disclose a witness list. The defence must disclose a list of any expert witnesses that will testify, and an alibi witness should also be disclosed. If an alibi witness is not disclosed prior to trial, then the prosecution can request a delay during trial to research the alibi witness testimony. Additionally, the weight of the evidence given by the alibi witness may be limited if the witness is not disclosed prior to trial. The reason that the defence does not have to disclose general witnesses is to preserve balance of perceived power in light of the fact that the "little guy" is up against the vast power of the crown.

The prosecution does not have to "wing it" with expert witnesses, and with general witnesses, I can't think of anything beyond what they testify to that would be relevant (no real need to know who they are prior to trial - esp. since character assassination is not an option).

 

[otto]

The people below were Wrongfully Convicted for horrific crimes.

All the evidence presented by the crown also convicted them.
The media stories convicted them.
The public convicted them.

I for one will wait until I hear the entire case before I string anyone up ...

Canada's wrongful convictions
James Driskell
Anthony Hanemaayer
Donald Marshall Jr.
Simon Marshall
David Milgaard
Guy Paul Morin
William Mullins-Johnson
Romeo Phillion
Thomas Sophonow
Steven Truscott
Kyle Unger
Erin Walsh

Guy Paul Morin was the poster guy across the country for educating investigators and prosecutors regarding the pitfalls of tunnel vision. Many things changed after the problems with that prosecution came to light.

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Lanna is now trying to place the blue SHAQ shoes found on a side road N of Guelph with shoes worn by McClintic in videos.


Ummm.....trying? LOL!

 

[Sailor Bug]

RaffertyLFP: Lanna did similar comparison with shoes seen in Foodland video- more matches

He can't identify some dark spots on the found shoes, that may not be on the shoes seen in March, 2009.

But, he says the shoes can not be excluded as being the ones McClintic is wearing in the video.

Now comparing the shoes to the video of McClintic at Woodstock Foodland, taken April 8th, 2009.

The dark areas of the shoes are visible. There are a series of comparable areas.

 

[BorgQueen]

9:53
Mike Knoll: @dustin - yes, sir.
9:53
Comment From dustin
Excuse me sir, Will the legal reason be made public once the jury has been sequestered?
9:52
Mike Knoll: @Lev - yes
9:51
Comment From lev
is there a legal reason that the content of the texts has not been disclosed to the jury?
9:51
Mike Knoll: @Carol - he'll still answer questions but he's not doing formal noon pressers anymore.
9:51
Comment From Carol
Is Rodney Stafford not speaking to the media anymore?


Wow so they do have the contents of the texts but they can't be released. I bet the defense objected.

BBM

So, if they have some text message content, and have not shown these messages, I agree that the defence objected. And in most cases, I agree that they are not necessary; however, the text content between TLM and MR, if available, should have been presented.

makes me wonder how much evidence has been held back at the objection of the defence... and how important this evidence is. *sigh*

JMO

 

[Sailor Bug]

His opinion is there is enough to compare the shoes in the video to the ones found north of Guelph.

He says there are enough similarities to say they are the same type of shoe.

RaffertyLFP: Moving to Shaq shoes in Home Depot videos - same matches to police fotos of Shaq shoes also match Foodland and Gallery

The shoes are also similar to the ones McClintic is seen wearing on the Home Depot video.

 

[robynhood]

....Question ..just read that the CROWN is expected to conclude their case TODAY....Does anyone know if or when the defense is expected to start their case ....it was mentioned MONDAY April 30 ...Does that mean NOTHING is happening in LONDON Court tomorrow....If so I guess they are giving the DEFENSE time to prepare and make a list of witnesses....? IMO ...wow they certain had enough time ...! this has been 3 YEARS before going to TRial .......It has been said they had 3 years to prepare as the CROWN had to disclose all there evidence ...or do I have this wroing????.anyone agree????...looking forward to others peoples views here too...robynhood

 

[~n/t~]

Avery Moore ‏ @AveryFreeFMNews
Lanna says the SHAQ shoes are of the same class. Multiple comparisons made to McClintic's runners.

 

[otto]

still can't see how any of this proves that HE knew it was a kidnapping from the get go or that he was involved in the murder...yes he was with them both..yes he did drive, of that there is no doubt..did we actually see him hand the money over to TLM.. besides we have TLM's confession that it was she who actually did the deed...she didn't testify that they both swung the weapon...only her... yes we all agree that he may have helped her clean up the crime scene for reasons that haven't been mentioned to date as we have not heard from the defence..JMO and yes TLM is a liar for many reasons...that has been stated and proven on this site many times so won't go into detail again...
nice one AG on catching the coat scene at the theatre... JMO

It doesn't take a rocket scientist to connect the dots ...

"The trial has seen evidence that Rafferty withdrew $80 from an ATM at a gas station next to a Home Depot in Guelph at 5:03 p.m., then McClintic entered the Home Depot minutes later and purchased a hammer and garbage bags using cash."

http://www.globaltvbc.com/canada/co...tic+at+detention+centre/6442628076/story.html

 

[Shasta]

Does anyone think the defence objected to Rodney's pressers? Can they do that?

 

[Wondergirl]

The people below were Wrongfully Convicted for horrific crimes.

All the evidence presented by the crown also convicted them.
The media stories convicted them.
The public convicted them.

I for one will wait until I hear the entire case before I string anyone up ...

Canada's wrongful convictions
James Driskell
Anthony Hanemaayer
Donald Marshall Jr.
Simon Marshall
David Milgaard
Guy Paul Morin
William Mullins-Johnson
Romeo Phillion
Thomas Sophonow
Steven Truscott
Kyle Unger
Erin Walsh

To associate Rafferty's name with any of those exonerated, innocent men, is an insult to them.

JMO

 

[SFB73]

Nobody is getting $5700/month.
They said they get $57/month. No extra zeroes. That was also for CTB, not OW.
Not many people are getting $5700/year from social assistance, even. Don't worry, people on social assistance are living in miserable poverty, unless they are doing something on the side that they aren't allowed to do (and would disqualify them for assistance if found out). We will skip dinner for 2 weeks just to buy a new pair of pants for $20 at walmart, due to massive crotch-holes in the one pair we own. THAT is the system at work.

Look at the positive side of things, after skipping the dinner for two weeks, you might be down a size in pants!!

Seriously, if that is the case, I really feel badly for you, I guess when you think you've go it tough, there always is someone worse off out there...

 

[otto]

....Question ..just read that the CROWN is expected to conclude their case TODAY....Does anyone know if or when the defense is expected to start their case ....it was mentioned MONDAY April 30 ...Does that mean NOTHING is happening in LONDON Court tomorrow....If so I guess they are giving the DEFENSE time to prepare and make a list of witnesses....? IMO ...wow they certain had enough time ...! this has been 3 YEARS before going to TRial .......It has been said they had 3 years to prepare as the CROWN had to disclose all there evidence ...or do I have this wroing????.anyone agree????...looking forward to others peoples views here too...robynhood

The defence already has their witnesses lined up ... if they are introducing witnesses, and the crown does disclose all the evidence and witnesse prior to trial. The defence only discloses an expert witness list and sometimes an alibi witness.

 

[Sailor Bug]

Lanna could not exclude the shoes on the Home Depot video as being the ones worn by McClitnic.

RaffertyLFP: Lanna was also asked to check on McClintic white Puma running shoes -checked against Gallery videos

Now comparing white Puma shoes found in McClintic's home to ones worn by Rafferty in Gallery Cinemas video.

The dark colour trim is the same on both shoes.