Monday, March 5, 2012

Tori Stafford died from repeated blows to the head, jury hears




Tori Stafford Photo courtesy of: Tori Stafford Facebook group page

Tori Stafford died from repeated blows to the head, jury hears

Sherry Morley and The Canadian Press Mar 05, 2012 16:06:36 PM
LONDON, Ont. - Day one of the Tori Stafford case has wrapped up just as the crown started laying out evidence described by the judge as "graphic and disturbing."

Tori Stafford, who was eight when she disappeared on her way home from school in 2009 was allegedly kidnapped, sexually assaulted and murdered. Her body was found three months after she went missing.

The crown said expert evidence will show that Tori died from several hammer blows to the head.

She was found naked from the waist down, wearing only her Hannah Montana tee-shirt and her mother's butterfly earrings.

The accused, Michael Rafferty, sat expressionless as the crown described the alleged events of the day Tori went missing, April 8, 2009.

Rafferty, 31, has pleaded not guilty to first-degree murder, sexual assault causing bodily harm and kidnapping in the death of the Grade 3 student.

Family members, including Tori's father Rodney and her grandmother Doreen Graichen, were in the courtroom.

Tori's father told reporters it's tough to be in the same room as him.

"It's heartbreaking because there's nothing you can do or say without ruining what's going to happen, what's going to come of this," he said.

"Hopefully we can get through it, get it over with and maybe we can finally start to heal," Tori's grandmother said.

Terri-Lynne McClintic, 21, has already been convicted of first-degree murder in the girl's death.

During the trial the jury is set to visit the site where Tori's body was found.

Jury selection took place last week and 12 people were selected to serve, along with two alternates who will be dismissed once the evidence starts if they aren't needed to fill in.

Rafferty's lawyer Dirk Derstine said the allegations are horrible, but he is urging everyone to keep an open mind until all the evidence is heard. Jurors have been told the trial is expected to last between two-and-a-month and three months, possibly extending into June.

Tori's disappearance and death garnered a lot of media attention from coast to coast, so potential jurors were asked a series of questions about if they had heard about the case in the media, if they had formed any opinion about Rafferty's guilt or innocence and if they thought they could be unbiased, judging the case only on the evidence.

A pre-trial motion was heard before jury selection dealing with where Rafferty would sit during the trial. Accused people are sometimes allowed to sit at the counsel table with their lawyers instead of in the dock, which is traditionally where they sit.

The court decided that due to evidence from an officer in charge of court security that "the nature and history of this case requires a high level of security," and other factors, Rafferty would sit in the dock.

The court will hear more about the day Tori disappeared on Tuesday. The trial will also involve testimony from her mother, and the jury will visit the site where Tori's body was found.

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