Victoria (Tori) Stafford, 8 - Canada, Murdered. The trial of Michael Rafferty

[Jezreel]

Good point and now they have the proof of her to show.

On another note there has been a lot of goings on in court today, the jury has been dismissed a number of times, here are some of the tweets

32m Gerry Dewan ‏ @GerryDewanCTV
Justice Heeney told the jury, "you must feel like 12 yo-yos." As he excused them again. #Rafferty

38m Gerry Dewan ‏ @GerryDewanCTV
Crown Gowdey asks if she kicked Tori. McClintic says yes. She's asked if she hit Tori with the hammer, again she says yes. #Rafferty

40m Gerry Dewan ‏ @GerryDewanCTV
McClintic is asked if she wishes to change her testimony given early this week regarding who killed Tori. She said, "no." #Rafferty

42m Gerry Dewan ‏ @GerryDewanCTV
Crown Gowdey asks if the statement has reviewed statement given in May 2009. #Rafferty

44m Gerry Dewan ‏ @GerryDewanCTV
McClintic has re-entered the witness box after reviewing the statement she gave to police in May of 2009. #Rafferty

1h Gerry Dewan ‏ @GerryDewanCTV
The portion of her statement McClintic is reviewing deals with what she told police at that time about how Tori was killed. #Rafferty

1h Gerry Dewan ‏ @GerryDewanCTV
The statement McClintic is reviewing was given to O.P.P D.S. Jim Smith on May 24, 2009. #Rafferty

1h Gerry Dewan ‏ @GerryDewanCTV
The jury has been excused while McClintic is allowed to go to a private room to review the statement given to D.S. Smith. #Rafferty

1h Gerry Dewan ‏ @GerryDewanCTV
McClintic is being given the opportunity to review statement. She says she recalls it quite clearly but she could review it. #Rafferty

1h Gerry Dewan ‏ @GerryDewanCTV
Crown Gowdey is questioning McClintic regarding a sworn statement given to OPP Det. Sgt. Jim Smith #Rafferty

[Kip]

TLM also said that Rafftery took the battery out of his phone when they were on their way out of woodstock, he used her coat to clean blood off his 'areas' after rinsing himself with bottles of water he had in the car, he made TLM walk behind the car and cover up the tore tracks as they were leaving after murdering Tori.... If all this is true and her testimony is to be believed, it is something Rafftery has thought long and hard about and was planned.

Yes, it seems MR was the driving force and planner behind it all and was designing the crime to put TLM at risk at all phases. He has TLM abduct the child; he has TLM go into Home Depot where she's on tape; TLM is driving - her fingerprints on the wheel & she'll be the one spotted if anyone notices the car or its captured on camera somewhere; she does the killing; he uses TLM's clothing to clean up the blood.

Phone records can substantiate whether MR took the battery out of his phone during that time period.

I have no doubt that MR manipulated TLM, but TLM has free will and was a willing participant.

I don't buy TLM's story that she abducted Tori on a dare, and I don't buy her flashback story.

And, thank you again, Jezreel, for the updates.

[Jezreel]

Her fingerprints won't be on the wheel, she never drove the car, it was a standard, also she has never had a licensd so I am going to assume it was Rafferty driving. One thing that would be a compelling piece of evidence is the back seat of his car and it has never been found, probably laying in a dump somewhere.

I really wonder what has gone on today, the jury has not been in the courtroom most of the morning, must have something to do with TLM's statement to the police on May 24 where she saId Rafferty kicked her and murdered her and in court this week saying it was her.....

I read that there are purple ribbons on the railing outside the courthouse now, in Woodstock they all now all over the city. I have one on my porch.

I decided to come to the market for lunch to enjoy the sun while its here, I look behind me while in the line at a food counter and Rodney Stafford and his g/f are standing right behind me, I wanted to say how sorry I am and how I am thinking of them and Tori, but I didn't, thinking it actually best not to.

[Jezreel]

Rodney Stafford's comments from today

http://www.lfpress.com/news/london/raffe...12441.html

[Jezreel]

3m Melanie Nagy ‏ @NagyCBC
Jury is being excused now. Have to stop tweeting. #sl #rafferty

4m Melanie Nagy ‏ @NagyCBC
Crown asks if this was the first time you described the murder to police.McClintic says "yes." #sl #rafferty

6m Melanie Nagy ‏ @NagyCBC
#Rafferty is starting to rub his eyes. #sl

7m Melanie Nagy ‏ @NagyCBC
In court right now,McClintic is starting to cry. #sl #rafferty

9m Melanie Nagy ‏ @NagyCBC
She says the reason she said it was him was because she could not believe she was capable of doing it. #sl #rafferty

9m Melanie Nagy ‏ @NagyCBC
Crown is asking why she told the police #rafferty did it if she says she did it. #sl

10m Melanie Nagy ‏ @NagyCBC
Another part of the video is being shown,in it McClintic says that she did not watch the whole thing. #sl #rafferty

14m Melanie Nagy ‏ @NagyCBC
In court today,McClintic is sticking with her story that she killed Tori.But on the video she tells a different story. #sl #rafferty

14m Melanie Nagy ‏ @NagyCBC
McClintic says the way she described the murder in the video statement was true except for it was her not #rafferty who killed Tori. #sl

15m Melanie Nagy ‏ @NagyCBC
Crown now asking McClintic if that was true what she told police.She says it was true except it was her that did it not Rafferty #sl
Expand
17m Melanie Nagy ‏ @NagyCBC
Please be warned there is graphic material being discussed. #sl #rafferty

18m Melanie Nagy ‏ @NagyCBC
In the video, McClintic is essentially telling the officer that it was #Rafferty who killed Tori. #sl

18m Melanie Nagy ‏ @NagyCBC
In the video McClintic tells Smyth that #Rafferty used a hammer to hit Tori in the head. #sl

22m Melanie Nagy ‏ @NagyCBC
In this video she is talking to OPP Det. Sgt. Smyth. #sl #rafferty

23m Melanie Nagy ‏ @NagyCBC
McClintic also says she heard the "rustle of the garbage bags".This is all from the video the court is being shown #sl

24m Melanie Nagy ‏ @NagyCBC
She says in video "when I seen her on the ground..I turned my head away...but I could hear sounds.." # sl

25m Melanie Nagy ‏ @NagyCBC
Video was just played for the court.McClintic was crying and talking about seeing Tori on the ground. #sl #rafferty

29m Melanie Nagy ‏ @NagyCBC
The Crown says it is going to present portions of a statement McClintic gave to police.This is a video statement. #sl #rafferty


I am really not sure what the crown is trying to do here

[Jezreel]

TLM leaving court today. CityNews

[Jezreel]

The jury will be back in tomorrow - more legal issues today. I believe that the defense will start to cross TLM tomorrow, we should get an idea of where Rafferty's defense is headed.

leaving court Friday March 16.

[Kip]

[snipped]

I decided to come to the market for lunch to enjoy the sun while its here, I look behind me while in the line at a food counter and Rodney Stafford and his g/f are standing right behind me, I wanted to say how sorry I am and how I am thinking of them and Tori, but I didn't, thinking it actually best not to.

I don't think I would have said anything either. I'm sure Rodney takes some comfort from support from the public, but I'm sure he values his privacy too.

Thanks for the update - I was wondering what was going on as I haven't seen any news from the court for a couple of days.

[Jezreel]

So some delays again this morning, as legal issues were talked about, seems like it was about TLM's video statement that was shown last week as the jury has now been brought in for the first time today.

Updates:

10:38
RaffertyLFP: The court is now seeing a longer version of the May 24, 2009 statement that McClintic made to OPP investigators [via Twitter]

10:37
RaffertyLFP: Heeny tells jurors that they can use the videotaped statement as evidence and weight it against McClinitic's testimony that she killed Tori [via Twitter]

10:35
RaffertyLFP: Justice Heeney is telling the jurors that they can now use McClinitic's earlier videotaped statement that Rafferty killed Tori as evidence [via Twitter]


I do wonder what went on, as I beleive last week Judge Heeny told the jurors they may not use the video as evidence but has to the character of the witness?

[Jezreel]

Defense started it's cross on TLM today, we are getting more of a glimpse of her past and her behavior, here are some updates:

12:57
RaffertyLFP: McClintic says she was much younger when she wrote angry letter. Derstine suggests it was 2008 - a year before Tori died [via Twitter]

12:54
RaffertyLFP: Derstine Another McClintic letter make murderous threats in gang language and a plan to assault another inmate [via Twitter]

12:52
RaffertyLFP: McClintic letter talks about listening to violent rap music. more gang symbols and slogans at bottom Murderous bitches crip crown [via Twitter]

12:49
RaffertyLFP: Derstine suggests McClintic used info from her lawyer to plan vengence against two people who put her in prison [via Twitter]

12:48
RaffertyLFP: Derstine points out profanity-laced letter from McClintic asking someone to check out two people involved in robbing and stabbing incident [via Twitter]

12:47
RaffertyLFP: Derstine points out another McClinitic letter "a bitch is asking to get stomped - straight up" she wrote [via Twitter]

12:44
RaffertyLFP: Derstine points out another letter where McClintic boasts of big drug stash - asks how she got it? because she was tough gangsta? [via Twitter]

12:40
RaffertyLFP: The McClintic letter boast of all the drugs she was taking in the detention centre. and how she worked out physically [via Twitter]

12:38
RaffertyLFP: Derstine suggests that McClintic bullied other inmates into giving her their drugs. [via Twitter]

12:37
RaffertyLFP: Below the title Murderous bitches there is a three point Crip crown gang symbol - letter discusses drug deals [via Twitter]

12:36
RaffertyLFP: Derstine points out another McClintic letter titled "murderous bitches" She says she didn't realize how often she used it "just a phrase" [via Twitter]

12:34
RaffertyLFP: Derstine reads McClintic letter where in foul gang language
she threatens assaulting pregnant woman [via Twitter]

12:32
RaffertyLFP: Derstine refers to letter with more drug and gang language -suggests it was habitual [via Twitter]

12:31
RaffertyLFP: Derstine asks if "little gangsta crips" is reference to an actual gang. She denies it Letter again refers to "murderous bitches" [via Twitter]

12:29
RaffertyLFP: Derstine points out letter with more gangsta tags and reference to "little gangsta crips" McClintic said it had no significance [via Twitter]

12:27
RaffertyLFP: Derstine reads letter McClintic wrote in detention centre - foul gang language - another woman "needs to get smashed" [via Twitter]

12:25
RaffertyLFP: In letter McClintic describes snorting drugs in detention [via Twitter]

12:24
RaffertyLFP: Derstine points out more letters using foul gang-related hip hop language - he says she had a "gang persona" [via Twitter]

12:22
RaffertyLFP: Derstine points out McClinitic letter in which she describes herself as real mother_____ gangster" [via Twitter]

12:21
RaffertyLFP: Derstine suggests to McClintic that she constantly got into fights with other inmates in detention [via Twitter]

12:20
RaffertyLFP: McClintic's letter refers to her and her friends as "murderous bitches" [via Twitter]

12:19
RaffertyLFP: Derstine points out gang tag on McClintic's letter she admits she was gang member [via Twitter]

12:18
RaffertyLFP: Derstine reads a rap like poem that McClintic wrote to antoher Inmate - share "thirst for blood" and inflict pain [via Twitter]

12:16
RaffertyLFP: Derstine reads rap-like poem that McClintic wrote to another detention inmate" they share a thirst for blood" and inflict pain [via Twitter]

12:11
RaffertyLFP: Dirk Derstine begins cross-examination of McClintic [via Twitter]

12:10
RaffertyLFP: CORRECTION: questioning of McClintic. [via Twitter]

12:10
RaffertyLFP: McClintic formally identifies Rafferty in court Tells jury she has pleaded guilty to murder and received life sentence [via Twitter]


I will post the video when available of Rodney Stafford’s mini lunch presser he does each day, he said he ‘didn’t know which TLM to believe, it is like they are two different people’.
Now this has me wondering if TLM ever confessed to actually being the nurderer prior to last week on the stand, because of the publication ban, all we know from her hearing is that she pleaded guilty to 1^st degree murder and received an automatic life sentence. Now if at that point she was still saying Rafftery was the murderer, 1^st degree would have still been the charges under Canadian law as she was involved in the crime from start to finish basically. <----- does this make sense, my mind is going a mile a minute?
So was TLM telling the truth about it being Rafferty and is now lying as she said before she would take the fall for him, or was she lying in the police interview because she was mad he was dating someone else and is now telling the truth under oath?

[Jezreel]

Rodney's lunch presser from today:

http://www.lfpress.com/video/

[Kip]

[snipped]
So was TLM telling the truth about it being Rafferty and is now lying as she said before she would take the fall for him, or was she lying in the police interview because she was mad he was dating someone else and is now telling the truth under oath?

I've been wondering the same myself.

And, yeah, the TLM portrayed in the above tweets does not sound like the TLM who testified last week (or wrote the apology letter that we figured was written by her attorney). I tend to believe the real TLM is closer to the one portrayed by the tweets - her behavior and writings then were not under scrutiny, so she had no motivation to present a good front to anyone.

[Jezreel]

The video they showed in court yesterday of TLM's confession has been made available - if anyone can stomach to watch it!

http://www.lfpress.com/news/london/raffe...33391.html

On the road this afternoon so won't be able to update, so far this morning on the cross Derstine has been going over journals that TLM wrote showing the same violence and anger as in her letters. He also brought up her FB page and the quizzes she took -
Q What kind of crime are you A: Murder
Q What kind of drug are you A: Meth
Q How evil are you A: Evil
Etc and how in her profile pic she had a blue bandanna over her mouth, making herself to be tough and trying to link her with the 'crips' again.

[Jezreel]

[snipped]
So was TLM telling the truth about it being Rafferty and is now lying as she said before she would take the fall for him, or was she lying in the police interview because she was mad he was dating someone else and is now telling the truth under oath?

I've been wondering the same myself.

And, yeah, the TLM portrayed in the above tweets does not sound like the TLM who testified last week (or wrote the apology letter that we figured was written by her attorney). I tend to believe the real TLM is closer to the one portrayed by the tweets - her behavior and writings then were not under scrutiny, so she had no motivation to present a good front to anyone.

Also Kip, being in a detention centre I am sure you probably have to portray yourself as tough, she has admitted that at that time all she had were feelings of anger and rage, maybe those feelings did come back like she said and is in fact telling the truth about bludgeoning Tori.
I watched a little of her confession video, in some parts it seems as though she really is being honest, still not sure on which is true, her confession or testimony :/
Also I wonder as she is a crown witness, if they knew that she would be saying that she in fact killed Tori? There was a lot of legal arguments after the crown showed the video of her saying MTR did it, one minute it wasn’t allowed to eb evidence and after several days of legal proceedings it was.
The crown asked TLM several times if she is sure she does not want to change her statement about her being the one.

[Kip]

[snipped]...
The crown asked TLM several times if she is sure she does not want to change her statement about her being the one.

I'm not sure what the Crown's trying to do - it sounds like they want to impeach their own witness.

[Jezreel]

Good thought Kip, I wonder....

I read a few tweets this afternoon and it sounds like TLM did not confess that it was her that did it until this past January, when she was finally able to come to terms with what she did.

[Jezreel]

Here is an overview of whatb happened last week in court.

Canadian Press - In a London, Ont., court on Friday, defence lawyer Dirk Derstine attacked the testimony McClintic gave in court over the past two weeks, in which she alleged Rafferty pushed her to abduct Tori from her school.

Derstine suggested that McClintic was the driving force behind the abduction and subsequent killing, pointing out she bought the "murder tools" at the Home Depot and was the person who walked with Tori when she left her school.

"Largely what we have is your word of who was the engine in this case — who made it all happen," Derstine said.

McClintic agreed, but reiterated her prior testimony that she had been given instructions by Rafferty.

Derstine suggested to McClintic it was she who brought Tori to the car in a friendly manner and Rafferty thought nothing of it; that later on she said the girl had been abducted for a drug debt and offered her to Rafferty "sexually."

The defence lawyer further suggested that when Rafferty was uninterested, McClintic directed him to drive to a rural area and told him to walk away from the vehicle because Tori was afraid of him.

Derstine said it was McClintic who killed the girl, with Rafferty returning horrified but offering to help clean up the crime. McClintic said that was not the case.

"Your characterization of him as being the driving force behind this girl’s death was a lie and that it was you," Derstine said.

McClintic disagreed with all of the suggestions Derstine made.

Jurors also heard Friday that Rafferty wasn't interviewed by police until May 15, 2009, when they were still investigating Tori's disappearance, just days before McClintic told them the Woodstock girl was dead.

OPP Det. Const. Colin Darmon, the ninth witness called to testify at Rafferty's trial, said police received more than 5,000 tips in the case, which involved investigating many persons of interest.

McClintic's name came up frequently during the investigation, Darmon said. She was described as an associate of Tori's mother, Tara McDonald, and her partner, James Goris.

Darmon said he was directed toward Rafferty after meeting with one of McClintic's neighbours.

On Friday afternoon, jurors heard an audio recording of the interview Rafferty gave to police at his home. In the interview, Rafferty told police he was aware of Tori's disappearance, but didn't know much.

He admitted knowing McClintic, but said they were only friends and had not been intimate. But he said he was helping her mother because McClintic was in jail.

The officers decided to return the next day to take a photo of Rafferty's car, similar to one seen on a surveillance video captured near Tori's grade school on the day she disappeared.

However, the car was not in the driveway when police returned to Rafferty's home and it could not be located over the course of the following weekend.

Four days after the May 15 interview, McClintic told police about her involvement in the disappearance of Tori and implicated Rafferty in her death.

Under cross-examination, Darmon said Rafferty had no criminal record when his name was brought to the attention of the police around the time of Tori's disappearance.

Before Derstine ended his cross-examination of McClintic, jurors heard about another incident from her troubled past: As a child she put a dog in a microwave, but made up a story that the animal had been injured by another neighbourhood dog and had to be put down.

People accepted the story because no one could believe that McClintic "could be so cruel to such an innocent," Derstine said.

The defence lawyer also played clips of violent-themed rap songs that McClintic once kept on her iPod, music the young woman admitted she listened to when angry. The songs were by a "death rapper" known as Necro, the artist that McClintic once told police she was listening to on the day that Tori was abducted.

On Friday, McClintic denied she was listening to Necro when she lured Tori away on her walk home from school.

So we found out more disturbing information (i didn't think it possible) about TLM, her past and her lies. She had an altercation this past Jan and stomped a fellow prisoner while on the ground, she admitted to her in January Godmother that she microwaved a dog when she was a child and the fact the she only felt guilty about Tori's murder as it was a little girl, otherwise, she could do it again. Oh and also now it was her idea to buy the hammer & garbage bags, not Rafftery's.....
So now we know that she has lied under oath, the first week stating it was Rafftery's idea to buy the hammer and garbage bags, last week under cross admitting it was her idea, wonder what else she has lied about?

Here is the audio from Rafftery's interview with police on May 15^th, 2009, after this interview, police could not find him or his car, they went back the next day to take pictures of the car and it was missing along with Rafftery, when they arrested him, the backseat was suddenly missing from his car. He had been calling scrap yards that weekend trying to get rid of it, as well as trying to replace his blackberry.
http://www.lfpress.com/news/london/raffe...42366.html

Also some more updates on the trial here:
http://www.lfpress.com/news/london/raffe.../home.html

[Kip]

I am really glad TLM is in prison for life.

But Rafferty's no innocent victim here. Apparently he was fine with being an accomplice to kidnapping Tori as a drug debt. So what if it was TLM's idea to buy the hammer and garbage bags - why didn't Rafferty just drive away or take Tori and walk away? Why didn't he stop TLM from killing Tori? Why didn't he turn TLM in afterwards?

Who knows which of these two slimeballs to believe...but they're both guilty, IMO.

[Jezreel]

I agree with you Kip, in no way do I think he is an innocent bystander, he was there, and going by the defence theory whatever reason TLM gave him for having Tori he drove away with her in the car, therefore participating in a kidnapping that resulted in murder. I don't know the the drug debt theory will hold up, I read some interesting comments on one of the online articles about it and that person made some very good points I had not thought of.... One of them being about how Tori being purposefully targeted would make no sense as she never walked home on her own, whee and her brother were usually picked up by their grandmother, Tori was late out of school that day because she went back in to get the butterfly earrings she borrowed from her mother. With those factors how could TLM possibly know that she would be alone and be out late from school that day?

Did anybody listen to the audio of Rafferty's interview, he sounds gay to me, not that it makes a difference just find it a little humorous that he thought himself to be a ladies man but sounds like he does.

[Jezreel]

Chapter 3 in the trial starts today...

Newstalk1010 - The so-called "Third Chapter" of the Crown's argument will focus on the events that allegedly took place in Guelph after Stafford's abduction, but before her death. Jurors were told during Crown Attorney Kevin Gowdey's opening statement that they would hear testimony from Barbara Armstrong during this phase.

Armstrong is said to be a friend of Rafferty's who claims the accused stopped at her house that afternoon to buy a stash of percocet pills.

I am sure the jury is not looking forward to the next chapter (4) which is the Mount Forest death scene, the jury will actually be taken to the location where Tori's remains were found