Jurors in Rafferty trial to visit scene where Tori Stafford's remains were found
LONDON, Ont. - Jurors in the case of a man accused of first-degree murder in the death of Victoria Stafford will visit the scene today where the eight-year-old was killed.
Tori disappeared outside her Woodstock, Ont., elementary school on April 8, 2009, and she was allegedly killed the same day in a rural area more than 100 kilometres north of her hometown.
Terri-Lynne McClintic, 21, is serving a life sentence after pleading guilty to first-degree murder.
Michael Rafferty, 31, now is on trial and he has pleaded not guilty to first-degree murder, sexual assault causing bodily harm and kidnapping.
The jury saw video and photos on Friday of the scene where Tori's remains were found on July 19, 2009, wrapped in a garbage bag and buried under a pile of rocks in a farmer's field.
Today they will be taken to the scene southeast of Mount Forest, Ont., and will examine it for themselves with the aide of a guide prepared by police and the Crown pointing out locations of note.
Superior Court Judge Thomas Heeney told the jury on Friday that what they will see there is not evidence, but it's hoped that they can get a better understanding of the evidence after seeing the scene for themselves.
There will be eight markers placed at the scene to guide the jury's visit, from the entry to the laneway Rafferty and McClintic allegedly travelled down with Tori to the spot underneath an evergreen tree where her remains were found.
"They really will enable you to be able to take what amounts of a self-guided tour," Heeney said.
The jury is expected to arrive at the site, which is about 2 1/2 hours away from the courthouse in London, Ont., around noon and the trial will resume with testimony Tuesday.
Court heard Friday from the police officer who made the grim discovery in July 2009.
Police had just received information Rafferty's cellphone used a tower on April 8 near Mount Forest, further north than they had been searching. Ontario Provincial Police Det. Staff Sgt. Jim Smyth decided to drive around the area of Mount Forest just to get an idea of the landscape, he testified.
When he passed a house set at an angle to the road with a laneway across from it, he recognized it from a sketch McClintic had done to help police find the girl. McClintic had confessed on May 19, but was unable to remember exactly where she said Rafferty had driven, court heard.
Smyth drove down the laneway, crossing a small creek and up an incline where he could see a large rock pile — just as McClintic had described.
When Smyth got out of his car the odour of decomposition was in the air, he testified. Taking his cues from the confession he had taken from McClintic, Smyth went behind the rock pile and bent down to the base of a large evergreen tree. There, under a pile of rocks and stuffed into garbage bags, were the remains of Tori Stafford, court heard.
There were about 10 rocks piled on top of Tori's body, ranging in size from about three kilograms to 50 kilograms, court heard.
When McClintic confessed and later pleaded guilty she said that Rafferty had killed Tori using a hammer, but at the trial she testified it was she who dealt the girl the fatal blows.
