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Michael Rafferty 'Likely' To Appeal Conviction

CBC  |  Posted: 05/12/2012 11:20 am Updated: 05/14/2012 10:38 am


A sentencing hearing is scheduled Tuesday for Michael Rafferty, who has been convicted on all charges he faced in the death of eight-year-old Victoria (Tori) Stafford of Woodstock, Ont., and there is speculation an appeal is likely.


A jury in London, Ont., on Friday found Rafferty, 31, guilty of first-degree murder, sexual assault causing bodily harm and kidnapping after deliberating for about 10 hours over two days.


A conviction for first-degree murder carries a mandatory sentence of life in prison with no chance of applying for parole for 25 years. Rafferty's former girlfriend, Terri-Lynne McClintic, 21, is already serving a life sentence for Tori's murder after she pleaded guilty two years ago.


Tori disappeared on her way home from Oliver Stephens Public School on April 8, 2009. Her remains were found more than three months later in a rural area outside Mount Forest, a small community 100 kilometres north of Woodstock.


During the 10-week trial, the Crown alleged the Grade 3 student was lured to Rafferty's vehicle by his then-girlfriend, McClintic, who was acting on his orders.


McClintic testified she killed the girl with a hammer, but the jury found Rafferty just as responsible as McClintic for the girl's death, regardless of who wielded the hammer.


Rafferty shut his eyes and stood motionless as the guilty verdicts were read shortly after 9 p.m. ET, and his knees appeared to buckle. Tori's family burst into tears, clasped hands and breathed audible sighs of relief.


After hearing the verdict, Tori's grandmother Doreen Graichen said justice had been done and a burden lifted.


"What we've been feeling for the past three years has been hell. This is almost a release for us," she said.


Tori's father, Rodney Stafford, said after the verdict it was hard to contain himself in the emotionally charged courtroom, but it was a relief that this was how the past three years of his life had come to an end.


He said felt "happy, excitement, but at the same time there was a sense of loss because Tori's not coming home."


"But we got it, we got the justice," Rodney Stafford added.


Michael Harding, who was the mayor of Woodstock at the time Tori disappeared, told CBC News on Saturday he was glad the Staffords got the outcome they were seeking.


"I'm so happy for the family that they got the justice that they so desired, but like Rodney said, Tori is not coming home," Harding said, his voice choking with emotion. "I'm glad two people who did horrible, despicable things are not going to be in our community or anywhere in Canada for some time to come."


Woodstock's current mayor and police chief held a joint news conference Saturday in reaction to the verdict.


Mayor Pat Sobeski thanked police, the judge and the Crown prosecutors who worked on the case and urged residents of the town to "begin the healing process.”


Police Chief Rod Freeman called it a “bittersweet experience."


"We truly wish in our hearts, every single one of us, that we never had to be here in the first place," he said.


Family to give impact statements


Stafford's family will have to be in the same room as Rafferty one last time when they deliver their victim impact statements at his sentencing hearing on Tuesday.


Defence lawyer Michael Lacy told CBC News on Saturday he believed an appeal is "likely," partly because of the sentence Rafferty faces, but added there would be more to it.


"I think the appeal will rest on the trial judge's decision to allow the Crown to introduce the prior statement of McClintic," Lacy said, referring to a crucial piece of testimony that implicated Rafferty.


"It's a special procedure that's used. It's a legal motion that the Crown had to bring to introduce that evidence, and I think that will be the subject of an appeal.


"Having said that, given that the trial judge excluded evidence from the car and that came under a lot of attention, obviously before the verdict, that actually hurts Michael Rafferty's appellate chances. Had that evidence been admitted, that would have been another ground of appeal, leaving uncertainty about the conviction going forward."


Police found Rafferty's laptop when they seized his car, but Judge Thomas Heeney ruled the contents were inadmissible because investigators had taken the computer without a proper warrant. Investigators say there was evidence of dozens of file names that strongly suggested Rafferty had downloaded child pornography.


Rafferty's lawyer, Dirk Derstine, said Friday night he doesn't know whether Rafferty will seek an appeal, which must be done within 30 days.


Speaking to reporters outside the courtroom, Derstine defended his decision to take Rafferty's case.


“The reality of it is that everybody in our system deserves a strong, proper and effective defence,” he said.


Loading Slideshow...

  • Rodney Stafford, father of slain Victoria Stafford, speaks to the media as he arrives at the courthouse in London Ontario, Tuesday, May 15, 2012 for the sentencing hearing for Michael Rafferty, who was convicted Friday of Victoria's murder. THE CANADIAN PRESS/ Geoff Robins

  • After The Verdict

    Rodney Stafford, father of slain Victoria Stafford reacts after Michael Rafferty was found guilty on all three charges at the murder trial in London, Ontario, Friday, May 11, 2012. <br> THE CANADIAN PRESS/Dave Chidley

  • Reaction

    Rodney Stafford, father of slain Victoria Stafford holds a photo of his daughter as he speaks to the media, with his mother Doreen Graichen, sister Rebecca Nichols and brother Rob Stafford looking on, after Michael Rafferty was found guilty on all three charges at the murder trial in London, Ontario, Friday, May 11, 2012. <br> CREDIT: CP

  • Longest Day

    Rodney Stafford, father of Victoria (Tori) Stafford, holds his head in in hands late in the afternoon at the courthouse for the Michael Rafferty murder trial in London, Ont., Friday, May 11, 2012. <br> CREDIT: CP

  • Rodney Stafford, father of slain eight-year-old Woodstock girl Victoria Stafford, talks to reporters during a break in proceedings at the trial of Michael Rafferty, the accused in his daughter's murder in London, Ontario, Tuesday, May 1, 2012.THE CANADIAN PRESS/ Geoff Robins

  • The grave of Victoria (Tori) Stafford on Easter Sunday, the third anniversary of the day the eight-year-old girl vanished while walking home from school, in Woodstock, Ontario, Sunday, April, 8, 2012. (THE CANADIAN PRESS/Dave Chidley)

  • Dirk Derstein, defence lawyer for Michael Rafferty, the accused in the murder of Woodstock, Ontario schoolgirl Victoria Stafford talks briefly with reporters during a break in proceedings at the trial in London, Ontario, Tuesday, May 1, 2012. THE CANADIAN PRESS/ Geoff Robins

  • Terri-Lynn McClintic and Michael Rafferty are shown in these police handout photos released as court exhibits at Rafferty's trial in London, Ont., Wednesday, April 4, 2012. THE CANADIAN PRESS/HO

  • Michael Rafferty and Terri-Lynne McClintic embrace in this still image taken from a police handout video dated May 8, 2009. Rafferty visited McClintic twice at a detention centre, where she was taken after being arrested days after the killing of Victoria Stafford on an unrelated matter. (THE CANADIAN PRESS/HO)

  • Terri-Lynn McClintic is shown in police handout photos released as court exhibits at Michael Rafferty's trial in London, Ont., Thursday, April 5, 2012. THE CANADIAN PRESS/HO

  • Michael Rafferty is shown in a police handout photo released as court exhibits at Rafferty's trial in London, Ont., Thursday, April 5, 2012. THE CANADIAN PRESS/HO

  • Michael Rafferty's 2003 Honda Civic is shown in this court handout photo along with other exhibits. A tiny spot of dried blood on the rubber moulding of the back passenger side door on Michael Rafferty's car was found to contain DNA matching the eight-year-old girl's profile, forensic biologist Jennifer McLean testified Wednesday at Rafferty's trial. THE CANADIAN PRESS/HO

  • A butterfly earring worn by Victoria Stafford are shown in this evidence photo released Tuesday, April 3, 2012 at the trial trial of Michael Rafferty. Court has heard that she had borrowed the earrings from her mom on April 8, 2009. THE CANADIAN PRESS/HO

  • Victoria Stafford's T-shirt is shown in this evidence photo released Tuesday, April 3, 2012 at the trial trial of Michael Rafferty. THE CANADIAN PRESS/HO

  • Michael Rafferty is transported from the courthouse in the back of police cruiser in London, Ontario, Wednesday, March, 14, 2012. Rafferty is facing charges in the death of Victoria (Tori) Stafford. Court is hearing that Rafferty was "stressed out" in the days after her disappearance.(THE CANADIAN PRESS/Dave Chidley)

  • Accused Michael Rafferty is shown in court in London, Ont., Monday, March 5, 2012 in this artist's sketch. The trial of Rafferty, 31, began Monday nearly three years after Victoria Stafford disappeared outside her elementary school in Woodstock, Ont. (THE CANADIAN PRESS/Tammy Hoy)

  • Terri-Lynne McClintic, left, is transported from court for proceedings in the Michael Rafferty murder trial in London, Ontario, Friday, March, 16, 2012. Rafferty is charged with several offences including first-degree murder in the death of eight-year-old Victoria "Tori" Stafford. McClintic is already serving a life sentence after pleading guilty two years ago to first-degree murder in Tori's death. THE CANADIAN PRESS/Dave Chidley

  • Evidence letter written by Terri-Lynne McClintic in the Michael Rafferty murder trial in London, Ont., Thursday, March, 22, 2012. Rafferty has pleaded not guilty to first-degree murder, sexual assault causing bodily harm and kidnapping. McClintic has already plead guilty of first degree murder in the case. (THE CANADIAN PRESS/Dave Chidley)

  • Rodney Stafford, father of slain Victoria (Tori) Stafford walks from the courthouse during a break in the proceedings for the Michael Rafferty murder trial in London, Ontario, Thursday, March, 22, 2012. Rafferty has pleaded not guilty to first-degree murder, sexual assault causing bodily harm and kidnapping. THE CANADIAN PRESS/Dave Chidley

  • A tearful Tara McDonald, mother of slain eight-year-old Woodstock girl Victoria Stafford, receives a hug from partner James Goris during a break in proceedings at the trial for Michael Rafferty, the accused in her daughter's murder in London Ontario,Tuesday, March 13, 2012. THE CANADIAN PRESS/ Geoff Robins

  • Tara McDonald (center) mother of slain Victoria (Tori) Stafford walks from court after completing her testimony in the Michael Rafferty murder trial in London, Ontario, Wednesday, March, 7, 2012. (THE CANADIAN PRESS/Dave Chidley)

  • Terri-Lynne McClintic is transported from court for proceedings in the Michael Rafferty murder trial in London, Ontario, Friday, March, 16, 2012. (THE CANADIAN PRESS/Dave Chidley)

  • Terri-Lynne McClintic is transported from court for proceedings in the Michael Rafferty murder trial in London, Ontario, Friday, March, 16, 2012. (THE CANADIAN PRESS/Dave Chidley)

  • Terri-Lynne McClintic testifies at the Michael Rafferty murder trial in London, Ont., Tuesday, March 13, 2012. (THE CANADIAN PRESS/Tammy Hoy)

  • The Disappearance And Death Of Tori Stafford

    Victoria (Tori) Stafford, 8, disappeared while on her way home from school in Woodstock, Ont., on April 8, 2009. (Photo: An undated family handout, CP). <em>The following text is by the Huffington Post Canada, will files from CP</em>

  • For weeks, her parents, family friends and community members searched for the little girl. <em>(Photo: Cassandra Craig and Shiloh Roth hang a poster for missing Stafford, 8, on a street corner in Woodstock, Ont., on Friday April 10, 2009. THE CANADIAN PRESS/Dave Chidley)</em>

  • Meanwhile, hundreds of police searched local ponds, a landfill, and used a helicopter for aerial sweeps of Oxford County. <em>(Photo: Ontario Provincial Police officers search the Oxford County landfill site Tuesday, April 21, 2009, for clues. THE CANADIAN PRESS/Dave Chidley)</em>

  • Tori's mother, Tara McDonald, held daily press conferences as the national media descended on the town of 35,000 in southern Ontario. <em>(Photo: Tara McDonald speaks to reporters in Woodstock, Tuesday, April 21, 2009. THE CANADIAN PRESS/Dave Chidley)</em>

  • The girl's body was found three months later in a field near Mount Forest, Ont. <em>(PHOTO: Funeral home attendants load the remains of the girl into a hearse July 20, 2009. THE CANADIAN PRESS/Darren Calabrese)</em>

  • Michael Rafferty, 31, is charged with first-degree murder, sexual assault causing bodily harm and kidnapping in the death of Victoria Stafford. His trial began with jury selection in the last days of February, 2012. <em>(Photo: Rafferty leaves the courthouse in Woodstock, Ont., Feb. 7, 2011).</em>

  • Terri-Lynne McClintic, now 21, has already been convicted of first-degree murder in the girl's death. She pleaded guilty in April 2010 and was given a mandatory life sentence, with no chance of parole for 25 years. <em>(PHOTO: An undated Facebook photo of McClintic).</em>

  • McClintic's guilty plea could not be reported until December 2010 due to a sweeping publication ban imposed by Justice Dougald McDermid. The ban was partially lifed by the Supreme Court of Canada, though some details remain under the ban in order to protect Rafferty's right to a fair trial. <em>(PHOTO: Justice McDermid enters court in Woodstock, Ont., on Friday, April 30, 2010. THE CANADIAN PRESS/Geoff Robins)</em>

  • After Tori's funeral, her father, Rodney Stafford, went on a bike ride to Edmonton in her memory with Child Find Ontario, the <a href="http://www.thestar.com/news/ontario/article/1135756--the-main-players-in-the-tori-stafford-murder-case-where-are-they-now?bn=1" target="_hplink">Toronto Star reports</a>. He raised more than $25,000. He plans to attend the <a href="http://www.cbc.ca/news/canada/toronto/story/2012/02/26/stafford-murder-trial.html" target="_hplink">murder trial, telling CBC,</a> "There'll never be closure because I still wake up every morning without my daughter." <em>(PHOTO: Stafford, father of slain eight-year-old Tori Stafford, leaves court in London, Ont., on Monday, Jan. 16, 2012. THE CANADIAN PRESS/Geoff Robins)</em>

  • Rafferty's trial was moved from Woodstock to nearby London in light of publicity surrounding the girl's death. His lawyer, Dirk Derstine, suggested outside court that people should keep an open mind. "I expect that the evidence to be called will be different than what everybody is perhaps expecting," he said. <em>(PHOTO: Dirk Derstine leaves court in London, Ont., on Monday, Jan. 16, 2012. THE CANADIAN PRESS/Geoff Robins)</em>

  • OPP Detective Inspector Bill Renton was the lead investigator in the Tori Stafford murder case. He's seen here arriving at the Middlesex Court House in London, Ont., Monday, Feb. 27, 2012 on the first day of jury selection in the first degree murder trial of Michael Rafferty. <em>(PHOTO: THE CANADIAN PRESS/Mark Spowart)</em>

  • Tori Stafford seen with her older brother, Daryn Stafford, in this family handout. <em>(Dave Chidley/Canadian Press)</em>

  • Crown lawyers outside the courthouse where the Michael Rafferty trial is being held.

  • The Trial, In Photos

    Rafferty's mother spoke Monday, May 7, for the first time since her son was arrested and charged in May 2009, six weeks after Tori was killed. She placed the blame for what happened to Tori squarely on Terri-Lynne McClintic. "My son is innocent," Deborah Murphy said as she faced a wall of cameras outside the courthouse. "This could happen to any man that's walking around right now. Terri-Lynne McClintic has wrecked our lives and I just hope that justice is served and that he's free." (THE CANADIAN PRESS/Dave Chidley)

  • Tara McDonald, mother of slain eight-year-old Woodstock girl Victoria Stafford, receives a hug following the last day of evidence in the trial of Michael Rafferty, the accused in her daughter's murder, in London Ontario, Tuesday, May 1, 2012. THE CANADIAN PRESS/ Geoff Robins
FOLLOW CANADA

A sentencing hearing is scheduled Tuesday for Michael Rafferty, who has been convicted on all charges he faced in the death of eight-year-old Victoria (Tori) Stafford of Woodstock, Ont., ...
A sentencing hearing is scheduled Tuesday for Michael Rafferty, who has been convicted on all charges he faced in the death of eight-year-old Victoria (Tori) Stafford of Woodstock, Ont., ...
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Vapula
Failure is not an option
1716 Fans
02:30 PM on 05/15/2012
I don't know why people think that an appeal is significant. The vast majority of appeals are dismissed. An appeal is open to Rafferty but that doesn't mean that it will do anything to the verdict. The fact is that there was overwhelming evidence of his guilt so that any appeal will very likely fail.
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Liban CZ
329 Fans
06:18 PM on 05/12/2012
Remember the man who cut off head of aboriginal young man on the bus?
HE IS NOW ALLOWED TO GO FOR A WALK!!!!!
Few people would like to know, where?
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morphyous
412 Fans
04:36 PM on 05/12/2012
There are prices to pay, for living in a Democracy. The right to Appeal, for this MONSTER, is ONE of them.
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