Consistent Uncertainties

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Faulty Warrant Conceals Internet Activity Of Accused Killer

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Accused killer Michael Rafferty’s life hangs in the balance as nine women and three men deliberate whether the now 31-year-old is guilty. He’s charged in the kidnapping, sexual assault and death of 8 year old Woodstock, Ontario’s Victoria Stafford in April 2009.

What the jury does not know in this horrific case are the facts that were suppressed by the defence attorney Dirk Derstine in the pre-trial motions. In media released since the sequestering of the jury only hours ago, is that search warrant authorization for internet activity was faulty allowing the defence to claim that the searches were in violation of Mr. Rafferty’s rights.

Shortly after Rafferty’s computer and phone were discovered in his car, Det. Sgt Ken Falconer of the OPP’s technical crimes unit asked in an email soon after the items were seized if a secondary warrant was needed to search the electronics found in the car.

The head of the search warrant team told him to go ahead, believing the search warrant for the car was sufficient. As it turns out there was a loophole.

Really??!! What about the rights of poor little Victoria!

The nasty truth has now been released.

For three months leading to the murder of Victoria ‘Tori’ Stafford, Michael Rafferty searched the Internet for ‘underage rape, real underage rape, real underage rape pictures, pre-teen nude, pre-teen model galleries and nude pre-teen.’

He also accessed a ‘how-to-guide’ on raping children and dozens of child pornography videos, including some featuring incest and one purporting to be a “snuff movie” involving a child.

On March 28, 2009, 10 days before the kidnapping, Rafferty watched a movie about a man using a story about his lost dog to abduct a blonde, eight-year-old girl walking home alone after school. She is taken away in the man’s car and forced later to perform sexual acts.

But none of his disturbing Internet activity could be considered as evidence that Rafferty wanted or planned to rape eight-year-old Tori, largely because it was found under a faulty OPP search warrant.

Rafferty’s lawyer suggested McClintic offered Tori to Rafferty as a sexual gift, but he refused.

Derstine’s suggestion not only made McClintic look like someone who offers up little girls for sex, it made Rafferty look even nicer in contrast by refusing the gift, Crown attorney Michael Carnegie argued April 24.

It suggested that Rafferty has no sexual interest in children, the opposite of what the computer searches showed, Carnegie argued.

“There were other girlfriends, your honour, who have interesting and perhaps disconcerting things to say and conclusions drawn from various behaviours of Mr. Rafferty . . . towards their children,” Carnegie noted.

The most explosive information comes from the OPP electronic crime unit’s computer searches and other police reports:

– Rafferty ‘joked’ with girlfriends via emails that he’d like their young children as gifts, perhaps innocent, perhaps not. One woman texts him April 1, 2009 that she has two-year-old twin daughters. “lol, can I have one?” he texts back. To another, he admits he’d like to do “bad dirty stuff. . . things that some ppl would really take offence to.” And, to yet another, he says he would like “ur first born” but “i cant say what i would like.”

– Some of his girlfriends told police he exhibited strange behaviour toward their children.

– A London woman told police in January 2009 that Rafferty drugged her glass of wine while they watched a movie at her place. He tied her hands behind her back, choked her and forced to have anal sex, all the while telling her to pass out. When he was done he went to the bathroom, to clean up, then came back and untied her hands. He helped her into the bedroom, cleaned the wine glasses and left. Police determined the sex was not consensual, but the matter did not go to court.

– His desire for child porn extended back at least to 2006. A hard drive from an old computer found in Rafferty’s house contained nine child pornography videos, “some with an outwardly coercive element,” police reports say.

– He was also interested in adult and bestiality pornography and accessed necrophilia websites, including some that showed “apparently deceased bodies left in rural areas,” police say. One image was of a dead woman in a field with no clothing from the waist down.

Tori Stafford was found in a rural location wearing only her Hannah Montana t-shirt and butterfly earrings. You be the judge.

 

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