Tori Stafford, 8, killed with a hammer: Crown

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This article was published 06/03/2012 (5142 days ago), so information in it may no longer be current.

LONDON, Ont. — The horrifying details of the alleged abduction, sexual assault and murder of eight-year-old Victoria Stafford have been laid bare before a jury.

The trial of Michael Rafferty, 31, began Monday nearly three years after the Grade 3 student disappeared outside her elementary school in Woodstock, Ont.

Rafferty has pleaded not guilty to first-degree murder, sexual assault causing bodily harm and kidnapping. Terri-Lynne McClintic, 21, has already been convicted of first-degree murder in the girl’s death.

On Monday, the Crown made its opening statement, telling the jury the prosecution will have experts testify Tori, as the girl was known, died from multiple hammer blows to the head. Crown attorney Kevin Gowdey warned the jury it would be a difficult story to hear.

Tori was found naked from the waist down, wearing only her Hannah Montana T-shirt and her mother’s butterfly earrings, the jury heard.

The pathologist found she’d suffered blows that lacerated her liver and fractured her ribs, which likely happened before the fatal hammer blows to her skull, Gowdey added.

It’s not the jury’s job to determine who wielded the hammer, but to decide whether Rafferty and McClintic “acted together,” he said.

Rafferty, wearing a grey suit and a blue-striped tie, sat expressionless as he listened to the Crown describe the alleged events of the day Tori went missing — April 8, 2009.

Her body was found three months later.

Superior Court Judge Thomas Heeney gave instructions to the jury Monday morning, telling the nine women and three men there will be evidence presented “that many people would consider to be graphic and disturbing.” He also cautioned that the Crown’s opening statement should not be considered evidence.

Outside court earlier Monday, Tori’s father, Rodney Stafford, said it’s hard for him to be in the same room as the man accused of killing his daughter, and he hopes Tori’s name will be remembered more than the man in the prisoner’s dock.

“It’s not about Rafferty, it’s about the little girl who lost her life,” he said, choosing his words carefully because the trial is underway and he doesn’t want to jeopardize the case.

“It’s heartbreaking because there’s nothing you can do or say without ruining the potential, what’s going to come of this… It’s ridiculous.”

After the morning break, media and spectators were asked to clear the courtroom. Court was resumed at 1:30 p.m. with an in-camera hearing, meaning only lawyers and the judge were present.

The Crown’s opening statement began after that hearing.

During the trial, the jury is expected to visit the site where Tori’s body was found.

Rafferty’s lawyer Dirk Derstine said the allegations are horrible, but he urged everyone to keep an open mind until all the evidence is heard. Jurors have been told the trial is expected to last 21/2 to three months, possibly extending into June.

 

— The Canadian Press