05-08-2012, 02:44 PM
Update from this morning, the crown seems to be doing a good job of disputing the whole defence theory (or lack there of should I say).
LFP - UPDATE: 11:03 Michael Rafferty and former girlfriend Terri-Lynne McClintic "were in this together, together they are guilty," Crown Attorney Kevin Gowdey says.
Beginning what he said would be two days of final argument to convict Rafferty for the 2009 murder of eight-year-old Victoria (Tori) Stafford, Gowdey reminded the jury any kidnapping or sexual assault that leads to death requires a first degree murder conviction.
Rafferty and McClintic collaborated, Gowdey said. "Even if Terri-Lynne McClintic was the one with the hammer, it doesn't matter," he said.
Rafferty drove around Oliver Stephens school in Woodstock and got gas for the long trip to Mount Forest.
Rafferty parked at a nursing home parking lot because it was secluded and had easy access to Hwy. 401.
Rafferty "scoped out" the school when his car was captured by a video camera at 9:04 a.m. on April 8, 2009, the day Tori went missing.
Gowdey said it was unlikely that McClintic knew and targeted Tori because she had no way of knowing that it was Tori's first day walking home alone.
He dismissed as faulty memory defence evidence by a Woodstock woman who said she saw McClintic enter the school and walk "sternly" up the hill with Tori. It's unlikely no one else but that witness saw McClintic in the school, he said.
And there is no evidence Rafferty asked McClintic who Tori was and why she was in the car, he said.
UPDATE: 1:21 Crown attorney Kevin Gowdey said Michael Rafferty drove several hours to the perfect crime scene in an area north of Guelph that he knew well.
He said the isolated farm lane was hundreds of metres off the main road.
"Where no one will hear her (Tori's) screams," he said.
Rafferty, 31, has pleaded not guilty to first-degree murder, kidnapping and sexual assault of eight-year-old Tori Stafford in 2009.
Gowdey said Terri-Lynne McClintic had no reason to direct Rafferty down the lane and could not find it afterwards.
He said McClintic did help create a detailed map of the crime scene and gave a graphic account of a sexual assault on Tori, which included her surrendering the pleading girl to Rafferty.
"You could not make that up," said Gowdey.
Defense lawyer Dirk Derstine suggested his client walked away from the car and was horrified to come back and find Tori dead at the hands of McClintic.
But Rafferty did not testify and Gowdey said there was no evidence to back that story.
He said McClintic's accurate description of the area was consistent with a passive observer.
Gowdey said it was clear that Rafferty and McClintic worked together to cover and carry Tori's body and conceal it with heavy rocks.
Gowdey said the body was well hidden and too decomposed for DNA evidence of sexual assault but he said it was the obvious reason why Tori's body was found naked from the waist down.
Rafferty seemed agitated during Gowdey's presentation, rolling his eyes and mouthing words.
Gowdey continues his final arguments this afternoon.
![[Image: 0508crimescene.jpg&size=248x186]](http://storage.canoe.ca/v1/dynamic_resize/?src=http://www.lfpress.com/news/london/raffertytrial/2012/05/08/0508crimescene.jpg&size=248x186)
LFP - UPDATE: 11:03 Michael Rafferty and former girlfriend Terri-Lynne McClintic "were in this together, together they are guilty," Crown Attorney Kevin Gowdey says.
Beginning what he said would be two days of final argument to convict Rafferty for the 2009 murder of eight-year-old Victoria (Tori) Stafford, Gowdey reminded the jury any kidnapping or sexual assault that leads to death requires a first degree murder conviction.
Rafferty and McClintic collaborated, Gowdey said. "Even if Terri-Lynne McClintic was the one with the hammer, it doesn't matter," he said.
Rafferty drove around Oliver Stephens school in Woodstock and got gas for the long trip to Mount Forest.
Rafferty parked at a nursing home parking lot because it was secluded and had easy access to Hwy. 401.
Rafferty "scoped out" the school when his car was captured by a video camera at 9:04 a.m. on April 8, 2009, the day Tori went missing.
Gowdey said it was unlikely that McClintic knew and targeted Tori because she had no way of knowing that it was Tori's first day walking home alone.
He dismissed as faulty memory defence evidence by a Woodstock woman who said she saw McClintic enter the school and walk "sternly" up the hill with Tori. It's unlikely no one else but that witness saw McClintic in the school, he said.
And there is no evidence Rafferty asked McClintic who Tori was and why she was in the car, he said.
UPDATE: 1:21 Crown attorney Kevin Gowdey said Michael Rafferty drove several hours to the perfect crime scene in an area north of Guelph that he knew well.
He said the isolated farm lane was hundreds of metres off the main road.
"Where no one will hear her (Tori's) screams," he said.
Rafferty, 31, has pleaded not guilty to first-degree murder, kidnapping and sexual assault of eight-year-old Tori Stafford in 2009.
Gowdey said Terri-Lynne McClintic had no reason to direct Rafferty down the lane and could not find it afterwards.
He said McClintic did help create a detailed map of the crime scene and gave a graphic account of a sexual assault on Tori, which included her surrendering the pleading girl to Rafferty.
"You could not make that up," said Gowdey.
Defense lawyer Dirk Derstine suggested his client walked away from the car and was horrified to come back and find Tori dead at the hands of McClintic.
But Rafferty did not testify and Gowdey said there was no evidence to back that story.
He said McClintic's accurate description of the area was consistent with a passive observer.
Gowdey said it was clear that Rafferty and McClintic worked together to cover and carry Tori's body and conceal it with heavy rocks.
Gowdey said the body was well hidden and too decomposed for DNA evidence of sexual assault but he said it was the obvious reason why Tori's body was found naked from the waist down.
Rafferty seemed agitated during Gowdey's presentation, rolling his eyes and mouthing words.
Gowdey continues his final arguments this afternoon.
The only reason people get lost in thought is because it's unfamiliar territory.