05-10-2012, 04:03 PM
Jury will be in deliberations TODAY!!!!!!
It seems that Justice Heeney is being very thorough in his charge, which is brilliant because then they should understand everything and come back with the right verdict. I have never heard or read a judges charge either so I don't know if this is more detail than most?
I wonder how long they will deliberate for, I have no idea whether it will be a short or long amount of time, anyone else?
Here's a brief update from LFP
UPDATE: 10:32 The final phase of the Michael Rafferty trial began Thursday with Justice Thomas Heeney delivering his charge to the jury.
Heeney's written charge is expected to take all day to deliver.
Rafferty, 31, has pleaded not guilty to first degree murder, kidnapping and sexual assault in the April 2009 disappearance of eight-year-old Tori Stafford of Woodstock.
Most of Heeney's charge is standard advice given to all juries including their roles as jurors, the concept of guilt beyond a reasonable doubt and the nature of evidence.
But Heeney told the jurors that defense lawyer Dirk Derstine asked a number of questions when cross-examining Terri-Lynne McClintic that suggested that she was the mastermind of Tori's Stafford kidnap and murder and Rafferty was not aware of what she had planned.
Heeney noted that McClintic rejected all of Derstine's assertions and he cautioned the jury that Derstine's questions were not evidence. Rafferty did not testify in the trial.
UPDATE: 11:32 Justice Thomas Heeney told jurors that a police statement Terri-Lynne McClintic made to police on May 24, 2009 can be considered as evidence.
In that statement McClintic said Rafferty actually killed Stafford.
She later changed her story and testified at trial that she killed Tori, explaining that she could not accept at first she was the murderer.
Heeney said the jury will have to decide which version is true.
Heeney also noted evidence that Rafferty had a number of girlfriends he met on online dating sites. He warned them not to assume Rafferty was guilty because of overall bad character.
Heeney said the fact that McClintic pleaded guilty to Stafford's murder and is serving a life sentence should not be considered in assessing Rafferty's guilt.
Heeeney said the jury will have to decide if the various "cover-up" activities by Rafferty after Tori's death were evidence of guilt or if there was some other explanation.
Heeney read the jury a summarized version of testimony from various witnesses in the trial.
UPDATE: 12:51 Justice Thomas Heeney told jurors that anyone who "aids or abets" a crime is considered guilty along with the person who actually commits the crime.
Heeney also went into an explanation of the individual charges against Michael Rafferty. He said the kidnapping charge is defined as confining or moving someone "through force or fraud" against their will.
He said the jury will have to decide whether the circumstances of Tori's disappearance were a kidnapping. Heeney spent some time summarizing the testimony of various witnesses relating to the kidnapping charge including Tara MacDonald, Tori's mother.
UPDATE: 2:41 Justice Thomas Heeney provided the jury with three "decision trees" to guide them on possible verdicts on the main charge of first-degree murder.
The first "tree" would be followed if the jury decided, beyond a reasonable doubt, that Rafferty was the actual killer of Stafford and intended to kill her.
The second tree would apply if the jury believed McClintic was the actual murderer but Rafferty "aided or abetted" in the murder. Both scenarios would trigger a first-degree conviction.
Heeney said the jury, depending on their assessment of Rafferty's state of mind, could also return a verdict of 2nd degree murder or manslaughter
Rafferty's lawyer Dirk spoke with media today - http://www.lfpress.com/news/london/raffe...42271.html
And if anyone is interested, this is the Crown team, looking dapper in their court attire.
![[Image: 2166790.dat]](http://gallery.thewhig.com/cache/derivative/2/1/2166790.dat)
Lead Crown Attorney Kevin Gowdey, right, walks out of court during a lunch recess Tuesday with fellow crowns Michael Carnegie, Stephanie Venne, and Brian Crockett. Gowdey is the lead prosecutor in the Michael Rafferty murder case
It seems that Justice Heeney is being very thorough in his charge, which is brilliant because then they should understand everything and come back with the right verdict. I have never heard or read a judges charge either so I don't know if this is more detail than most?
I wonder how long they will deliberate for, I have no idea whether it will be a short or long amount of time, anyone else?
Here's a brief update from LFP
UPDATE: 10:32 The final phase of the Michael Rafferty trial began Thursday with Justice Thomas Heeney delivering his charge to the jury.
Heeney's written charge is expected to take all day to deliver.
Rafferty, 31, has pleaded not guilty to first degree murder, kidnapping and sexual assault in the April 2009 disappearance of eight-year-old Tori Stafford of Woodstock.
Most of Heeney's charge is standard advice given to all juries including their roles as jurors, the concept of guilt beyond a reasonable doubt and the nature of evidence.
But Heeney told the jurors that defense lawyer Dirk Derstine asked a number of questions when cross-examining Terri-Lynne McClintic that suggested that she was the mastermind of Tori's Stafford kidnap and murder and Rafferty was not aware of what she had planned.
Heeney noted that McClintic rejected all of Derstine's assertions and he cautioned the jury that Derstine's questions were not evidence. Rafferty did not testify in the trial.
UPDATE: 11:32 Justice Thomas Heeney told jurors that a police statement Terri-Lynne McClintic made to police on May 24, 2009 can be considered as evidence.
In that statement McClintic said Rafferty actually killed Stafford.
She later changed her story and testified at trial that she killed Tori, explaining that she could not accept at first she was the murderer.
Heeney said the jury will have to decide which version is true.
Heeney also noted evidence that Rafferty had a number of girlfriends he met on online dating sites. He warned them not to assume Rafferty was guilty because of overall bad character.
Heeney said the fact that McClintic pleaded guilty to Stafford's murder and is serving a life sentence should not be considered in assessing Rafferty's guilt.
Heeeney said the jury will have to decide if the various "cover-up" activities by Rafferty after Tori's death were evidence of guilt or if there was some other explanation.
Heeney read the jury a summarized version of testimony from various witnesses in the trial.
UPDATE: 12:51 Justice Thomas Heeney told jurors that anyone who "aids or abets" a crime is considered guilty along with the person who actually commits the crime.
Heeney also went into an explanation of the individual charges against Michael Rafferty. He said the kidnapping charge is defined as confining or moving someone "through force or fraud" against their will.
He said the jury will have to decide whether the circumstances of Tori's disappearance were a kidnapping. Heeney spent some time summarizing the testimony of various witnesses relating to the kidnapping charge including Tara MacDonald, Tori's mother.
UPDATE: 2:41 Justice Thomas Heeney provided the jury with three "decision trees" to guide them on possible verdicts on the main charge of first-degree murder.
The first "tree" would be followed if the jury decided, beyond a reasonable doubt, that Rafferty was the actual killer of Stafford and intended to kill her.
The second tree would apply if the jury believed McClintic was the actual murderer but Rafferty "aided or abetted" in the murder. Both scenarios would trigger a first-degree conviction.
Heeney said the jury, depending on their assessment of Rafferty's state of mind, could also return a verdict of 2nd degree murder or manslaughter
Rafferty's lawyer Dirk spoke with media today - http://www.lfpress.com/news/london/raffe...42271.html
And if anyone is interested, this is the Crown team, looking dapper in their court attire.
Lead Crown Attorney Kevin Gowdey, right, walks out of court during a lunch recess Tuesday with fellow crowns Michael Carnegie, Stephanie Venne, and Brian Crockett. Gowdey is the lead prosecutor in the Michael Rafferty murder case
The only reason people get lost in thought is because it's unfamiliar territory.