Murder of Victoria Stafford

Victoria "Tori" Stafford
Born Victoria Elizabeth Marie Stafford
(2000-07-15)July 15, 2000[1]
Woodstock, Ontario
Died April 8, 2009(2009-04-08) (aged 8)
Mount Forest, Ontario
Cause of death multiple blunt force impacts
Body discovered July 19, 2009
Nationality Canadian
Education Oliver Stephens Public School
(Gr. 3)
Known for Abducted/murdered child
Height 1.35 m (4.4 ft)
Weight 27 kg (60 lb)
Parent(s) Tara McDonald (mother)
Rodney Stafford (father)
Relatives Daryn Stafford (brother)
Cohen Stafford (brother)

Victoria "Tori" Elizabeth Marie Stafford was an eight-year-old Canadian girl abducted from Woodstock, Ontario on April 8, 2009, sexually assaulted and murdered. She was last seen on security camera footage walking with Terri-Lynne McClintic.

Her disappearance and the subsequent investigation and search were the subject of massive media coverage across Canada.[2] The search for her body ended on July 19, 2009, when a child's remains were found in a wooded area in rural Ontario and were immediately believed to be those of Tori Stafford. This was confirmed in a news conference held July 21, 2009. The police response to the situation as it developed and their failure to announce an Amber Alert has been criticized by the public, and has recently been the focus of a review of the Amber Alert system in Canada.[3] The circumstances of her death were unknown to the public until a publication ban was lifted in December 2010.[4]

Abduction and murder

She was seen for the last time at about 3:32 pm Wednesday, April 8, 2009, on Fyfe Avenue, walking past a high school up the street from Oliver Stephens Public School. She was wearing a black Hannah Montana jacket with a white fur-lined hood, a green shirt, denim skirt, black and white shoes and carrying a purple and pink Bratz bag.[5]

A security video taken from the high school shows her walking with a person of interest. The person of interest is described as a white female aged between 19 and 25, 5'1 to 5'2 (155 to 157.5 cm) tall and weighing approximately 120 to 125 lbs (54 to 57 kg) with long straight black hair worn in a pony tail. She was wearing tight black jeans and a white puffy jacket.[6] The case was later featured on America's Most Wanted.[7]

The initial investigation was led by Oxford Community Police Service, but then turned into a joint operation with the Ontario Provincial Police.

On Tuesday, July 21, 2009, at 9:00 am police confirmed that the remains found near Mount Forest, Ontario, approximately 500 metres from Concession Road 6, were Tori Stafford's.[8] Stafford was found naked from the waist down, wearing only a Hannah Montana T-shirt and a pair of butterfly earrings that she had borrowed from her mother. Her lower half was significantly decomposed.[9]

During an autopsy it was determined that Tori had suffered a beating which caused lacerations to her liver and broken ribs and her eventual death was the result of repeated blows to the head with a claw hammer.

Trial

On May 20, 2009, police charged Michael Thomas Rafferty, 28, with first-degree murder and Terri-Lynne McClintic, 18, with being an accessory to murder (in addition to lesser charges) in the abduction and suspected murder of Tori.[10] Ontario Provincial Police indicated that Tori's mother, Tara McDonald, was familiar with McClintic.[11] McClintic assisted the police search for the remains of Tori Stafford after her arrest[12] and her lawyer stated that her client "wants Tori's family to know she is trying hard to find her body".[12]

On May 28, 2009, McClintic's charges were altered to a first-degree murder charge and an unlawful confinement charge, and it was announced that the accused would be tried separately.[13]

McClintic was scheduled to make an appearance in court on April 30, 2010, but a publication ban was imposed by the judge on the events of the day.[14] The publication ban was lifted on December 9, 2010, revealing that Terri-Lynne McClintic had pleaded guilty to first-degree murder. She was sentenced to life in prison.[15]

On March 5, 2012, the trial of Michael Rafferty for the kidnapping, sexual assault, and first-degree murder of Tori Stafford commenced. On May 11, 2012, at 9:18 pm ET, the jury found Rafferty guilty on all charges. Four days later he was sentenced to life in prison with no chance of parole for 25 years.

Claiming that the "judge's instructions to the jury were flawed,"[16] Rafferty appealed his conviction to the Court of Appeal for Ontario on July 26, 2012. The 30-day deadline to appeal had passed by the time the papers were received, but this was attributed to his "inability to use the telephone to contact legal counsel," [16][17][18] and an extension was requested. Rafferty’s appeal papers appear to have been filed from Kingston Penitentiary.[18] An extension to his appeal was granted.

On June 10, 2013, Michael Rafferty appeared by video in a bid for his appeal. He was turned down for Legal Aid for his appeal process.

He can still apply under Section 684 of the Criminal Code to have the Attorney General of Ontario appoint a lawyer for him during his appeal. On August 12 Rafferty had his court date postponed until September 10, 2013.

See also

References

  1. ↑ "Official wanted poster". foreversearching.com. Retrieved 2009-05-06.
  2. ↑ Rex Murphy (May 21, 2009). "Canada Mourns Tori" (WMV). The National.
  3. ↑ "OPP announce review of Ontario Amber Alert system". Toronto: The Globe and Mail. May 26, 2009.
  4. ↑ Nguyen, Linda (10 December 2010). "'Every day I ask myself why'". The Daily Gleaner (Woodstock, Ont.). p. A13. Retrieved 12 December 2010.
  5. ↑ Flyer containing info
  6. ↑ "Police release composite sketch of woman sought in Stafford abduction". canada.com. April 22, 2009. Retrieved 2009-05-06.
  7. ↑ "Victoria Stafford - Missing Child". AMW.com. Retrieved 2009-05-05.
  8. ↑ Nguyen, Linda (July 21, 2009). "Remains found confirmed as Tori Stafford's". canada.com. Retrieved 2009-07-21.
  9. ↑ Aulakh, Raveena (April 3, 2012). "Tori Stafford's body too badly decomposed to determine 'sexual interference' (updated)". London Community News (London, Ontario). Retrieved 14 May 2012.
  10. ↑ Susan Clairmont (2009-05-21). "A murder, two accused, but no body". Hamilton Spectator. Archived from the original on Jan 16, 2010. Retrieved 2010-05-17.
  11. ↑ "Tori Stafford's mother knew 1 of 2 suspects arrested in her killing". CBC. May 20, 2009.
  12. 1 2 "Mother of Tori Stafford doesn't think suspect can help police". CBC. May 22, 2009.
  13. ↑ "1st-degree murder charge laid against McClintic in Victoria Stafford killing Accused to be tried separately; Rafferty's lawyer hints at deal for McClintic". CBC News. 2009-05-28. Retrieved 2009-05-28.
  14. ↑ Daubs, Katie (May 1, 2010). "NDP justice critic slams publication ban on Tori Stafford case". Toronto Star. Retrieved 2010-05-17.
  15. ↑ "Ban lifted: Woman pleaded guilty to Stafford's murder". CTV. Retrieved 2010-12-09.
  16. 1 2 "Michael Rafferty appealing conviction in Tori Stafford murder case". National Post. 2012-08-02. Retrieved 2012-08-02.
  17. ↑ "Michael Rafferty appeals conviction in Tori Stafford murder". The Star. 2012-08-02. Retrieved 2012-08-02.
  18. 1 2 "Michael Rafferty appeals Tori Stafford murder conviction". CBC News. 2012-08-02. Retrieved 2012-08-02.

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