Canadian True Crime - 14 The Murder of Tori Stafford - Part 3

Episode Date: September 23, 2017

[Part 3 of 3] The shocking conclusion to the story of an 8 year old girl who went missing from Woodstock, Ontario in 2009. If you haven’t listened to Part 1, I encourage you to listen to that first.CONTENT WARNING: this podcast contains coarse language, adult themes and content of a violent and disturbing nature.....More information:Abduction Prevention Tips www.childsafecanada.com/alerts.aspxCanadian Jury Help - Facebook page and Twitter Podcasts to check out:In Sight episode - 61 Madison Scott They Walk Among Us Once Upon a Crime   Join my patreon to get early, ad-free episodes, video AMAs and more:www.patreon.com/canadiantruecrime Social media and contact information:Facebook page: http://www.facebook.com/canadiantruecrime/ Facebook group: https://www.facebook.com/groups/478462932506209/  Twitter: twitter.com/CanadianTCpod Instagram: www.instagram.com/canadiantruecrimepod/ Email: [e-mail]: Writer, researcher and narrator: Kristi LeeAdditional research: Dallas AttenboroughAudio production and original scoring: Erik KrosbyMusic credits in episodes 13 and 14:Erik Krosby - composer and producer of original music and fx used through episodes 13 and 14They Walk of Dreams - Canadian True Crime Loop (created for this podcast)Additional music below is used under an Attribution License - http://creativecommons.org/licenses/by/4.0/Podcast theme music: Space Trip. http://www.dl-sounds.com/royalty-free/space-trip/The tracks below come from Free Music Archive:Igor Khabarov - StayMisha Dioxin - From the Arcic Circle to the Southern SeasROZKOL - If theseChris Zabriskie - I’m a man who will fight for your honourSergey Cheremisinov - When you leavePoddington bear - Dark WaterKai Engel - ImmenenceKai Engel Warm of Mechanical HeartIgor Khabarov - StayPodington Bear - Lucky StarsPhilipp Weigl - Subdivision of the MassesChris Zabriskie - Cylinders 7Sergey Cheremisinov - When you leaveSergey Cheremisinov - Mothers HandsMain information sources in episodes 13 and 14:Global news youtube channel COURT DOCUMENT for Terri-Lynne McClintic - APRIL 30 2010 Audio clips courtesy of the SentinelReview on youtube 

Please note, this is part three of a three part series. If you haven't listened to the previous two parts, I recommend you go back and listen to those first. The jury was instructed by the judge that in light of these events, they couldn't rely on previous testimonies from Terry Lynn, and to only consider her latest testimony. She went on to testify that after they left Tory's body by the rock pile, they changed shoes, drove to a car wash in Cambridge, Ontario, and dumped the garbage bags with the claw hammer. They each happened to have a spare set of clothes in the car, so they changed and tossed their old clothes and shoes out the window once they were back on the Highway 401. The shoes would later be found by a passerby on the road, corroborating Terry Lynn's story. Terry Lynn said there were two blood stains on the back seat of his car that they couldn't get out, so they cut the patches out of the seat, throwing the pieces out the window with the clothes. In the days that followed, Michael arranged an alibi, which was essentially just an unverified story they would tell about where they were. They would say they'd been window shopping in Oakville, a town about two hours south of Woodstock. While they were there, they were supposed to have dropped by a dance studio.

Terry Lynn wrote the story down in a journal so she wouldn't forget what Michael said, saying she didn't want to mess up the alibi. He also instructed her to change her appearance and dye her hair blonde, even going so far as to buy her some hair dye. When she was arrested, she had cut her hair, but the packet of hair dye was still on her bathroom counter. Only three days after Tory's murder, Terry Lynn had been arrested on the parole violation and was being held in the detention centre. Michael Rafferty came to visit her there, worried that she would say something to police that would implicate him. But she told him she would take the fall for everything that he had more to lose than she did. Quote, he had a life, a job, things going for him, and I was just, I really had nothing. I said, don't worry about it, it's okay, it's okay. I'm just an 18 year old junkie anyways. Michael's response was, quote, you realise what that would consist of, right? I've always wanted conjugal visits.

In another visit, Michael proposed a Bonnie and Clyde-like plan where the two would bust out of the detention centre and run away. Terry Lynn said she'll never forget what Michael said to her the last time she saw him at the detention centre before she confessed to police. Quote, I remember touching his face and he looked up and almost, like, laughed at me and said, you'll do anything for a bit of love, eh? Given that Terry Lynn's new story didn't match the statement of facts from her original interrogation, the judge, Justice Thomas Heaney, allowed the jury to watch the part of the interrogation video where she confessed and told them to consider it as evidence. They were instructed to weigh it against her latest testimony when considering their verdict. Michael Rafferty's lawyer, Dick Durstein, began his cross-examination of Terry Lynn by showing the jury a series of letters that she wrote from a detention centre one to two years before Tory was murdered. The letters use violent and disturbing imagery and it's clear that it's Terry Lynn's intent to portray herself as a thug type in the detention centre,

someone who has a tough reputation and that even the guards were afraid of her. In an undated Facebook profile picture, she was seen wearing a gang-type scarf around her head. In one of the letters, she talks about wanting to smash someone's skull and piece it together like a puzzle and describes ways that she would torture her victim, including lighting them on fire, saying she wanted them to be, quote, conscious of the pain I'm inflicting on them. In another letter, she said, quote, I feel like a vampire in heat. I'm so bloodthirsty, I just want to be on the road so I can take the first person I see and shatter their skull. Terry Lynn also spoke of wanting to torture and murder people or their families, including a witness in a friend's case, among other people. Michael Rafferty's lawyer said, quote, there seems to be a bit of a theme that you bring forward. Not only will you do terrible things to people who make you angry, but you will do terrible things to innocent people attached to those people.

Terry Lynn's response was, quote, I would agree that I had anger issues and I did seek out to hurt those that had done something to, as I had seen it, hurt or anger me in some form or another. Through questioning, Michael Rafferty's lawyer, Dick Durstein, then presented the case for the defense, putting it to Terry Lynn in a series of questions. He suggested that the abduction was Terry Lynn's idea. She was the one on the surveillance video with Tori. When she first came to the car with Tori, Michael thought nothing of it, but in the car, Terry Lynn supposedly said Tori was there to settle a drug debt and offered her to Michael sexually. Michael refused. It was then Terry Lynn's idea to direct him to the rural area, saying that Tori could be taken to a safe house. Terry Lynn denied all of these suggestions. Before that, they stopped for drugs and at Tim Hortons where Michael went in for coffee with an order of green tea from Terry Lynn. Dick Durstein said, quote, if there's a child cowering in the back seat of your car, how is it that you're coming up with the idea that a tea would be lovely? Terry Lynn replied, quote, I don't know how my mind was working any better than anyone else does.

Michael Rafferty's lawyer went on to say Terry Lynn was the one captured on the surveillance video buying the hammer and garbage bags from Home Depot. And that once they were at the rural area, Terry Lynn told him to walk away because Tori was scared of him. When Michael returned to the car, he was, quote, horrified to find her already dead, but he decided to help Terry Lynn clean up the crime scene anyway. Again, Terry Lynn denied all of these suggestions. Dick Durstein then pressed her to, quote, tell us that you did more than just kill her. Terry Lynn responded, quote, that will never happen because that's not the truth. I take full responsibility for my actions. I did what I did, but I'm not the only guilty party here and that's why I'm sitting here today.

The defense lawyer insinuated that Terry Lynn wasn't to be trusted because she initially denied that she was the female on the surveillance video. And in her first confession, she blamed the murder on Michael Rafferty before changing her story. She had a history of lying. Terry Lynn's response was to say that originally she was psychologically unable to fathom that she had killed a girl. So she blocked it out and genuinely believed she hadn't killed Tori. Michael Rafferty's lawyer was skeptical. In response, Terry Lynn said, quote, you don't want to believe that you are a person that's capable of this. It's taken me this long to come to terms and accept that I was capable of doing something like this.

She went on to say that when she woke up that day, she didn't have murder on her mind. She didn't plan on kidnapping anyone or of anyone losing their life. She said it took her time to come to terms with that. Michael Rafferty's lawyer then continued to grill Terry Lynn about her violent past and anger issues. She said she used to be a very angry person but insisted that she dealt with those issues by the time Tori was killed. The defense then pointed out that only recently Terry Lynn had been involved in an incident at the Grand Valley Institution for Women where she kicked and stomped on another inmate who had curled up in the fetal position. Earily familiar.

Terry Lynn said she confronted the inmate about some issues and things escalated, quote, we got into a scrap. Two weeks after Terry Lynn gave this testimony, she would be formally charged with assault. The defense also brought up that during a visit with her grandmother in the months before the trial, Terry Lynn told her that the only thing that bothered her about Tori's murder was that, quote, it was a little kid. Otherwise, she could do it again. Terry Lynn admitted that she had said that. All in all, Terry Lynn testified for six days. That day, the court also heard parts of Michael Rafferty's interrogation audio where he, of course, denied having any involvement in Tori's disappearance.

In one part, he told police that Woodstock was a scary town full of drug addicts. He started off being snively, whiny and needy, curled up on a chair with a blanket. He was barefoot in a baby blue polo shirt and white car keys. Fairly soon after the interrogation starts, the detective says, am I sitting across from Paul Bernardo here? Michael appears to be dry wretching and the detective gets him a bucket. He doesn't vomit. There are two officers playing the good cop, bad cop routine. The bad cop character is in the next room talking to Terry Lynn. In this clip is the good cop.

Michael isn't talking much, so it's up to this officer to try different tactics to try and get him to talk. Am I dealing with someone who lets something get out of control? Okay, and they got excited and couldn't control it. I think that it got out of hand. If you're asking my opinion, I'm telling you. I'm on video saying it. I think this situation gets out of hand. That's my opinion. I believe that. I don't think that you're some kind of monster.

If I did, you'll find me pretty candid. You'll find that I'll come right up and tell you like it. I don't think that. I think this got out of control. I think it got out of hand. Are you some kind of monster? Or did you make a mistake here? You made a mistake, right? This is a mistake. Right, Mike? You take it back if you could.

This is a mistake, right, Mike? You take it back. If you could turn back to hands of time, Mike, would you tell me, did you do this a little bit different? Mike, I'm talking to you. If you could turn back to hands of time, you're not some monster. You made a mistake, right? You take this back if you could. This is a mistake, Mike. You need to deal with this. I'm not a monster. I did not do what you think I did.

I know you did. We're past that. We're past that, Mike. I know you're not a monster. If I thought you were a monster, I would tell you. I'm not going to be honest with you. I wouldn't just walk out. I would spend some time with you. If I thought you were a monster, just because I want to see what makes you tick, you're not a monster. This thing has consumed you. Look at you.

You can barely eat or drink. You haven't touched your donut. Why is that? Because you're guts are eating yourself up inside. You can't sit and say that you're innocent. What's the first thing you did when you got in here? You just laid down and curled up. It's all over. You know it's over. You know it's done.

You don't have to be an expert in body language. All you've done is lay around in a fetal position since you've been here. That's not how innocent people are. That's not how people are falsely accused of something. It's the last thing they do. It's possible that it's freezing. I haven't eaten since noon. It couldn't be that this is all just a huge, huge shock to me. No, it couldn't have been any of that at all.

It's probably all of that. But it's also the fact that you're involved in it. It's probably all of that. The fact that maybe you haven't eaten that much and maybe you are cold. There's no question. The first thing you said to me was you're cold and hungry. So that's why I grabbed you that stuff. I'm willing to accept that.

Maybe that is part of the issue. But there is a larger issue here. It's the issue of the evidence and the issue that you're involved in this. Do you think maybe you're in over your head a little bit on this? Are you starting to feel like maybe you're the less experienced person? From a criminal standpoint? To these other people? I can say I don't belong here.

Well, I can say I don't belong here for a number of reasons. Like you shouldn't be in here. But something's happened that you're involved in this thing that you're here and this is not going away. All right. In this clip, you can tell what's really plaguing Michael. Like that, okay? So if there's something that you're not comfortable or you put a caveat to something that you say,

then just say it. I'm telling you this, but here's what you need to know to go with it. Does that make any sense at all? I want to know what this grotescare is saying. Okay. She acknowledges that she grabbed Tori. And brought her to your car. That it was your wishes.

You sent her there with certain things that you were looking for in a victim. And she took her. And you guys drove on the highway and did the Home Depot thing once you talked about. Left the Home Depot. Went to a secluded area. You had sexual relations with Tori. And Tori was killed. That was the sugar-coated, softened version given by the good cop.

In this next clip is when the bad cop character comes in. This is Staff Sergeant Jim Smith, the same cop who Terry Lynn confessed to and who would later discover Tori Stafford's remains. The reality is we can just deal with the issue here. Just as easy. I'd rather deal with this. Okay. Hey, Staff.

I understand Mike here wanted to see what Terry Lynn had to say. Mike, Terry Lynn's still speaking to my partner. This is a girl you killed. She's not missing anymore. She's dead. Terry Lynn was asked today if she wanted to call a lawyer four times. She said no all four times. She went through two boxes of Kleenex. All right.

She says on the 8th of April, Wednesday the 8th of April, 2009, at 3.30 in the afternoon, you drop her off at Pebe, south of Fife, south of the public school where Tori walks out of. Each other you get a girl and you want a young. He goes on to give Michael the unsugar-coated version of what happened to Tori according to Terry Lynn. That's Terry Lynn's story while she balls her eyes out through two boxes of Kleenex and I ask her four times.

Hey, you want to call a lawyer? She says, I don't need to call a lawyer. I feel so bad about what happened. I just want to tell you all about it. That's what you're up against. Terry Lynn's a liar. Well, the only person that can tell us that, Mike. I just did.

You're going to be careful, Mike, because some of the shit she said is backed by not just video, but other evidence, but also some of the explanations that she gave as well are verified. That's a little more graphic than I said, but yeah, there's some stuff that she says that isn't no question. I'm not going to say it's not. How old are you, Mike? Twenty-eight years old?

You want to tell us your side of the story? Get rid of your fucking security blanket and start being a man. Because it's not going to be her semen that we find on her body. When we look at the areas underneath the parts of the seat that you cut out, we're going to find her blood. Tori Stafford is all over your car, all over it. And Terry Lynn explains everything that she knows we're going to find. You're explaining nothing.

So I don't give a fuck if you say one more word to tell you the truth. We're done then. Well, I'm done with you anyway. This officer here is trying to understand what the hell you're going through. I don't care. Who are you? I'm the lead investigator here. Okay.

Terry Lynn's full of shit. That's going to be a funny thing for you to say in court, isn't it? Because how's the DNA going to be full of shit, Mike? Huh? How's the biologist from the Center for Science who's going to be full of shit? How's the pathologist that examines her body going to be full of shit? Explain that to me. I'll be careful, Mike.

That's a dangerous road to go up. There's something you know I clarified with what you said. Then let's clarify it. But we can't just sit here with a blankest date with this. She's full of shit because there is something that's truthful. And by you saying that makes it, takes away your credibility. So we're going to be very careful with that. I'm done with him.

This officer's got a job to do, Mike. He's got a different job than I do. For my investigation, you keep an L shut as the best thing can happen. So keep on keeping it shut. Okay. In the next clip, the bad cop character brings Terry Lynn into the interrogation room and sits her down almost opposite Michael. He refuses to look at her.

This is your opportunity, Terry Lynn, to sit right here. Tell her she's a liar. If I had no problem saying I'm without her in the room. Terry's a liar. I'm not even looking at her. I don't need to look at her. Have you stopped for a second to think about all of the forensic evidence that has yet to come in this investigation?

The lawyer will have to deal with that. How does your lawyer deal with your semen on an eight year old's body? I have never... I guess a lawyer would have to deal with such things if such things came up. So now we're moving from Terry Lynn's line to now the police are trying to frame me. The police are trying to frame me. You're trying to implicate something. You're trying to say something happened.

If you know what happened, you're going based on what some girl has told you. Who's going to fake the video, Mike? Who's going to fake it? Maybe you didn't get what I said. This is a huge story for them. This is the next ball of Bernardo. Whether you like it or not, a girl and a guy kidnapping an eight year old girl

and murdering her. That's one of the most sensational things that have happened in this province since Bernardo and Carl. Despite throwing all manner of interrogation methods at him, Michael Rafferty would not crack. Back to the trial, and next to testify was 44 year old Barbara Armstrong, Michael Rafferty's ex-girlfriend who first started supplying him with Percocets.

And as it turned out, it was her house that Michael stopped at to pick up drugs with Terry Lynn and Tori waiting in the car. Barbara testified that she saw a young woman with brown hair sitting in the passenger seat. That's Terry Lynn. She did not see Tori as the little girl was of course hidden in the back. She testified that a few days after that, Michael visited her again and he looked haggard.

Quote, He said he hadn't been eating, he hadn't been sleeping, he was so stressed out, so many things going on in his life. He had a cold sore. He gets cold sores when he gets super stressed. He also told her that a friend of a friend's daughter had gone missing and he was going to help search for her. The court also heard from Staff Sergeant Jim Smith,

the detective who interrogated Terry Lynn testified about how he'd found Tori's remains by the rock pile. He said there were about 10 large rocks piled on top of Tori's body. The jury were taken by coach bus to that site where Tori's remains were found in the hopes that the visit would give them a better understanding of the evidence. Next was the autopsy testimony. First, the judge warned the jury to brace themselves. He said what they were about to see would target their heartstrings

but stressed they had to decide the case without emotion. He told them that this would be the worst they would see during the course of this case. And they needed to steal themselves. As pictures of Tori's remains were put on screen, Ontario's Chief Forensic Pathologist Dr. Michael Pollanen testified saying that Tori's remains were in a state of decomposition. Tori's mother, Tara McDonald, cried into her hands and Tori's father, Rodney Stafford, had to walk out of the courtroom.

By the time Tori's remains were found, more than three months after she disappeared, they had deteriorated to a point where no evidence of sexual assault could be found. Michael Rafferty's defense took the opportunity to reiterate that fact upon cross-examination in an effort to discredit Terry Lynn's story. The evidence concluded that Tori had suffered numerous injuries before she died with the cause of death being multiple blows to the head with a hammer. She also had blunt injuries to her body that lacerated her liver and fractured her ribs, injuries that could have been fatal on their own.

In the garbage bags that she was wrapped in, there were two plastic bottle caps, a piece of a hair clip and two butterfly earrings. The only thing she was wearing was a hooded Hannah Montana shirt with the phrase, a girl can dream. Do you have a passion project that you're ready to take to the next level? Square Space makes it easy for anyone to create an engaging web presence, grow a brand and sell anything from your products to the content you create and even your time. When I launched this passion project six years ago,

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That day in court, Michael Rafferty made the interesting choice of wearing a purple shirt and purple striped tie, the same shade of deep purple as the memorial ribbons worn by her family, Tori's favorite color. In the middle of the trial was the three-year anniversary of Tori Stafford's murder. Rodney Stafford spoke to the media saying he and his family visited her grave, but although it was an anniversary, he didn't want to keep reliving that day. Quote, there's a deeper loss because she's gone, but at the same time, there's more positive out there. He went on to say that the community support had been overwhelming. He said that attended every day of the trial and even though it was difficult to listen to the details against Michael Rafferty,

the support of the public was the one thing that kept them all going. Next up, it was time for more police officers and detectives from the Ontario Provincial Police as well as forensic experts to testify about what they'd found on Michael Rafferty. Constable Gary Skoyne testified that they searched his car and the house he shared with his mother in Woodstock. Guided in their search by Terry Lynn, officers found a black pea coat in his front hall closet like the one Terry Lynn said she used to cover Tori during the car ride. Forensic investigators found two blonde hairs on it. One of them had two little DNA to be of use and the other didn't come from Tori.

Also found in his house were several empty unlabeled pill bottles and one empty bottle for oxycodone and a missing girl poster of Tori Stafford. In the back seat of his car was a gym bag and both Tori Stafford and Michael Rafferty's blood was found on the bag. Also found on the rear floor of the car was a tiny sliver of material that was determined to be indistinguishable from the upholstery of a Honda Civic of the same year as Michael Rafferty's car. These particular findings were important because not only did the blood place Tori in the back of the car but the material corroborated Terry Lynn's testimony that they slashed the fabric of the back seat. The bench part of the back seat itself was missing by the time the car was seized by police.

The interior door and dashboard surfaces had been painted white and amateur uneven paint job and on the rear passenger side door it looked like someone had tried to remove the paint. In addition the back seat area of his car was littered with several water bottles of the same brand with caps the same as the ones found in the garbage bag containing Tori's remains. Police also found a receipt from Walmart for two bottles of hair dye. One was given to Terry Lynn and the other was a kit for frost and tips. When Michael was arrested his brown hair had blonde tips. Photos were shown to the court documenting Michael Rafferty's love of clothes.

They were everywhere in his room, in the closet, on a bookshelf and in shopping bags on the floor of his bedroom and in the back seat and trunk of his car. Police testified that drugs were a massive part of his life. Two undercover officers were placed in the cell with him after he was first arrested and he asked them straight away if they had any drugs on them saying he took five 80 milligram oxy pills a day or between 20 and 30 percocets. He said quote, it's going to be a hard few days. The court then heard testimonies from a number of people who were around Michael Rafferty

during the time before and after Tori was abducted. As we know although a few parts in Terry Lynn's story had changed there were several consistent statements. One being that Tori was hidden on the back seat of Michael Rafferty's car and the other being that the back seat was where she was sexually assaulted. Now by the time the police seized Michael Rafferty's car it was missing the back seat. During the search for Tori the police asked for the public to keep their eyes out for it. Although several seats were reported the police didn't end up finding the exact seat they were looking for. So in order for the Crown to add credibility to Terry Lynn's story that Tori had been on the back seat

and that it had been tainted with DNA evidence from the crime they needed witness testimony to corroborate that the back seat was in fact in the car before Tori was abducted. Although in Terry Lynn's story the two of them cut a patch of upholstery fabric with blood on it and threw it out the window straight after the crime. The Crown contended that the entire back seat of the Honda was discarded after that. With this in mind some of the women Michael Rafferty had been dating around the time Tori went missing were brought in so they could shine some light on the seat plus a few other things. A woman named Sarah testified that she met Michael on plenty of fish on April 14th

that six days after Tori was abducted and murdered. Sarah said there was no back seat in Michael's car. She said Michael talked with her about the concept of kidnapping children saying how the kids can grow up thinking their abductors are their parents. Sarah said he was obsessive about checking newspaper and TV reports about Tori's disappearance. And told her he had insider information on Tori's mother Tara McDonald. A woman named Alexis said she rode with Michael on March the 23rd and there was a back seat at that time.

That's about two weeks before Tori went missing. Michael who had previously been mostly unemotional and not at all animated was observed to come to life when Alexis walked into the courthouse to give her testimony. His eyes never left her. The court heard from another woman linked to Michael. Melanie said she worked at a staple store. In one day in late March he walked in and asked her out by saying he was new in town and wondered if she knew of any good restaurants.

A few days later they played pool and he drove her home. She said his car looked like someone had been living in it littered with Tim Horton's coffee cups with blankets draped over the back seat. So this is about a week before Tori went missing and the car still has a back seat. She testified that she decided she wasn't interested in him saying that he seemed really needy. A former self-described nosy neighbor of the house where Michael Rafferty lived with his mother testified that the back seat had been in the Honda in early spring 2009 when he asked him to crank down the music on his car.

During cross-examination he said that on March the 29th of that year so just over a week before Tori went missing he saw Michael take the seat out of the car to install car stereo speakers. He put it in a shed at the time. The neighbor didn't see inside the car after that to know whether it went back in or not. On April the 15th so about a week after Tori went missing he spotted the seat on the curb outside the Rafferty household and noticed that the upholstery had been cut.

He knew this because being a nosy neighbor he went over to inspect it. Three other neighbors corroborated the evidence that they saw the car seat by the curb at the same time as the first neighbor. So despite this testimony it seemed that the only person who could testify about the back seat still being in the car around the time that Tori was abducted was Terry Lynn. More people testified many of them ex-girlfriends who all continued to shine light on Michael's behavior and habits particularly around the time that Tori went missing. One said that when they were dating Michael often took her on drives down side roads

in the general area where Tori went missing. He seemed to know where he was going. One of Michael's former employers said that Michael worked for him at landfill sites in the area including one about five kilometers from where Tori was killed. Several women testified that Michael was overtly into the search for Tori. He would console one of them named Amanda saying that Tori would be okay and that he was sure she'll return safe. He also changed his Facebook status shortly after she disappeared to read quote Bring Tori home.

Another named Joy testified that Michael was very upset when he called her on May 16th after the police had started talking to him about Tori's disappearance. Joy said she felt the police were blaming him and he couldn't figure out why. Joy told him there was nothing to worry about. She also said the case came up in conversation quite a bit including one day when she and Michael went to watch her daughter do gymnastics. She said on May 19th the day that Terry Lynn was confessing unbeknownst to her he bought clothes for Joy for a trip she had planned to Las Vegas the next day.

His questions about her size made her uncomfortable but she agreed to meet him in the parking lot of a good life fitness at about 7 30 p.m. so he could give her the new clothes. He got into her car put the bags on the floor and then a man appeared at the window asking are you Michael Rafferty? Joy says she got out of the car to see about 20 police officers and watched as he was put into handcuffs and taken away. This was of course the day he was arrested.

The court heard from Charity Spatzik the 26 year old mother of four who said that Michael suggested she become an escort and channel any earnings straight into his bank account. Charity said that from December 2008 until May 2009 she deposited almost $17,000 into his bank account as well as giving him cash along the way. On the day Tory Stafford disappeared she deposited $400 into his account

which he told her was for gas and a car payment. About an hour and a half later he withdrew that amount from an ATM most of which he used to buy Percocet later that day while little Tory Stafford was allegedly laying low in the back seat of his car. All in all it was estimated that Michael was dating at least 13 women in the spring of 2009. Seven of those he actually started dating after Tory went missing. At the time of his arrest

three women thought that they were his exclusive girlfriend. The court heard that he told most of them that he was a dance instructor and ran a contracting business but there was no evidence that he was employed in any way. He also lied routinely telling one woman he had a son and another that he had a stepson who had died. The judge gave the jury a warning about Charity's testimony and that of the long line of other women.

Quote All of this may lead you to conclude that Mr Rafferty was a philandering cad or worse. You cannot and you must not consider that because he has a bad character or character flaws that he is more likely to be guilty of the offences he is charged with. The Crown presented cell phone record evidence that traced a route from Woodstock to Mount Forest and back on April the 8th. As Michael and Terry Lynn drove away from Woodstock with a terrified Tory staffer hidden in the back of his Honda Civic

she had said that he pulled the battery out of his Blackberry an action suggesting he knew that it was a way for police to track him. However when he got to Guelph to pick up the Percocets he put the battery back in and used his phone something the police would discover when going over his phone record evidence. The next gap in his phone came between 5.05 and 7.46pm which according to Terry Lynn was about the time that Tory was murdered. At 7.47pm Michael checked his voicemail and the call was routed to a tower near Mount Forest

which is the area where Tory's remains were buried with the rock pile. That call along with Terry Lynn's directions was one of the keys to police finding Tory's remains. The court also heard that Michael made an average of 142 calls, texts and data calls every day between April the 8th when Tory went missing and May the 19th when he was arrested. A specialist in social media investigations for the Ontario Provincial Police testified saying that on the morning of Tory's abduction

Michael updated his Facebook status to say quote everything good is coming my way. In his Facebook profile he rambled on about slowly becoming somebody and having many layers. Next the court heard about how Michael visited Terry Lynn in the detention centre where she was first being kept on the unrelated matter. He visited her twice on May the 8th one month after Tory disappeared and then three days after that on May the 12th. Surveillance video with no audio was played for the jury showing the pair laughing and joking around.

When Michael arrived they had long lingering hugs. During the visits Michael flexed his biceps for her and reached across the table to brush her hair out of her face. On May the 15th, three days after their last visit together the police interviewed Michael for the first time saying they wanted to talk to him as an associate of Terry Lynn's. Really they had suspected he was involved almost from the outset. After the police left phone records showed that Michael called Terry Lynn in the detention centre. They spoke for 14 minutes and they never spoke again. The last witness for the crown was a forensic video analyst with the Ontario Provincial Police

who testified about the unique features of Michael Rafferty's car and where it was seen on the surveillance footage at the school, at a gas station, at the Home Depot. Once the car got to the more rural areas there were of course no more surveillance cameras to capture his movements. After eight weeks, 61 witnesses and 186 exhibits, the crown concluded its case against Michael Rafferty. Throughout those weeks he remained calm although he chewed loudly on ice, furiously took notes on sheets of paper and scaled often, particularly when Terry Lynn McClintock testified. None of his family had attended the trial. It was the defence turn to make their case saying that Michael himself would not take the stand. Some people were a little surprised given his enthusiastic note-taking.

The defence only called up one witness, one of the last people to see Tory alive. The witness who wasn't named publicly was picking up her grandchildren from the school that day and said she saw a woman matching Terry Lynn's description go into the school. Later she said she saw the same woman walking away with Tory. The woman testified that she seemed like she was on a mission and had a stern look on her face. The witness said that Tory seemed happy, skipping, talking a mile a minute and she assumed Terry Lynn might have been her mother. The obvious goal of this testimony was to place more emphasis on Terry Lynn's involvement as the mastermind behind the crime. Michael Rafferty's mother showed up for the first time for closing arguments.

The defence said Terry Lynn was like Jekyll and Hyde, who painted herself as an unwilling participant in her boyfriend's urge to abduct a child. But in reality, she was a bloodthirsty young woman, teaming with Rage, who sought out Tory Stafford and savagely murdered her. Dick Durstein posed the question of why she wouldn't have gotten help at Tim Hortons or the Home Depot. She had ample opportunities to tell someone that a little girl was in danger but didn't. The defence suggested it was because Terry Lynn, not Michael, was the one making the decisions that day. The Crown's closing address suggested that Michael Rafferty utilised the fact that Terry Lynn had a disturbed mind to help him carry out the abduction, sexual assault and murder of Tory Stafford. It was even suggested that he knew that Terry Lynn had what it took to silence Tory once and for all. Quote, Michael Rafferty and Terry Lynn McClintock were in this together. Together they did this to Tory Stafford. Together they are guilty.

The Crown emphasised that it didn't matter if the jury thought Terry Lynn murdered Tory or if Michael did it. If they acted together, that is enough to convict Michael. During this address, Michael muttered to himself, shook his head and rolled his eyes several times. With that, the jury was instructed and they were sequestered for deliberation. They had many facts they needed to sort out. Terry Lynn's conflicting statements were one thing. Did Michael kill Tory or did Terry Lynn? Was the back seat of Michael's car actually in the car on that day or had it been discarded previously? Were there a sexual assault? Remember, Tory's remains were in such an advanced state of decomposition that it was impossible to find evidence of a sexual assault. What they did have was that most of the facts in the rest of Terry Lynn's story were consistent and verified by either surveillance video or witnesses. The jury had a task ahead of them. Outside the court, the press asked Michael Rafferty's mother, Deborah Murphy, for comment.

First of all, my son's innocent and this could happen to any man that's walking around right now. Terry has wrecked our lives and I just hope that justice is served and that he's free. Once the jury was sequestered, a publication ban was lifted on evidence that the jury didn't hear during the trial for several different reasons. Remember when his car was searched and police found his laptop? Well, the laptop search revealed a lot. Unfortunately, though, that evidence was deemed inadmissible because the search warrant was for the car and didn't include the laptop found within it. Unfortunately, most of the officers at the time seemed to think they were able to search the laptop under the warrant they had, despite at least one of them questioning it. On the laptop were online searches for real underage rape, nude preteen and best program to download Child Porn to name a few. There was substantial amounts of child pornography. He'd been downloading it for four years. There was evidence of snuff films that's movies that show real people being killed. Eleven days before Tory was abducted, he had downloaded a movie called Gardens of the Night, which depicts the abduction of a young blonde girl.

The movie Carla, about Carla Hamalka and Paul Bernardo was downloaded after Tory went missing. Investigators also found evidence of videos depicting how-to instructions for child sexual assault. And other evidence was deemed inadmissible because it constituted bad character evidence. This kind of evidence was kept from the jurors because of a Canadian legal principle, that just because someone is a bad person, it doesn't necessarily mean they committed the offence in question. One woman said that in January 2009, three months before Tory's abduction, she met Michael on the Plenty of Fish website. She invited Michael over to her house to watch a movie. He arrived with an already opened bottle of wine and poured her some, but she noticed he didn't drink any himself. She told police that she started to feel fuzzy and the room started to spin. She said Michael then started choking her, removed her clothes and tied her hands behind her back. She started to vomit and Michael sexually assaulted her while still choking her. She did report the incident to police after the time it happened, but no charges were laid in the matter.

Interestingly, it also came out that Charity Spatsik, the woman who Michael urged to become an escort and channel her money to him, was actually told not to speak about that in her testimony for the same reasons that the rest of these facts were held back. It spoke to bad character. She either forgot or chose to ignore that advice and gave the account anyway. Other evidence came from many of the other women that Michael had been entangled with. The investigation uncovered 13 women who reported that Michael had a penchant for sexual choking, non-consensual. One of these 13 was Terri Lynn McClintock herself, who said he tried to choke her during sex the first night after they met at the pizza shop. And many of the other women made unspecified comments about Michael's behavior toward their children. During deliberations, the jurors went to the judge with several questions about the sexual assault charge. The Crown's case centered on the fact that Michael's sexual gratification was the motive behind Tori's murder. But of course, the jury didn't know that there was evidence that he sought out hours of child pornography videos and made dozens of searches for images of violent child rape.

After 10 hours of deliberations, the jury came back with a verdict. Michael Rafferty was found guilty of first-degree murder, sexual assault causing bodily harm, and kidnapping of Tori Stafford. Tori's family reacted with a resounding yes. Rodney Stafford cried openly, holding hands with his mother and his partner. Tara McDonald did too. Even veteran police officers who had been working the case for three years had tears in their eyes. Michael Rafferty didn't show any emotion and his lawyer said he was disappointed. The family members gave victim impact statements, with most talking about the impact on Tori's big brother Darren, now 14 years old. The Crown Attorney read Darren's statement for him in court. 00:48:04,000 --> 00:48:11,000 He said that in the three years since Tori went missing, he'd missed dozens of days of school because he was in counseling sessions. He said he suffers anxiety problems. He can't walk by himself without watching behind himself. He said he can't sleep because of nightmares and a fear of the dark and he couldn't be alone.

Darren said he can't even talk to someone and know that they like him for who he is or because they feel bad that he's Tori Stafford's brother. He said that not everyone knows how it feels to have your world ripped out from under you in less than a day. Quote, No more I love yous, just an empty spot in my heart. Michael Rafferty addressed the court for the first time, defending himself and protesting his innocence. He said he would fill in the blanks for Tori's family if they wanted him to. And in a bizarre turn, he said he believed he was a very definite part of why Tori was not here today and said he was sorry although he was still standing behind his plea of not guilty. In sentencing, Superior Court Judge Thomas Heaney asked Michael Rafferty to stand up.

Quote, Little knowing that people such as you lurked among them, that you were brought to justice is due entirely to the most massive and extraordinary mobilization of police resources that this province and probably this country has ever seen. But most tragically of all, you have snuffed out the life of a beautiful, talented, vivacious little girl, a tomboy diva, in the trustful innocence of childhood, and for what? So that you could gratify your twisted and deviant desire to have sex with a child. Only a monster could commit an act of such pure evil. You, sir, are a monster. Michael Rafferty was given the maximum sentence of life in prison with no eligibility for parole for 25 years until the year 2034. Outside court, Tara McDonald and Rodney Stafford gave statements to the press. Do you know the emptiness you feel when your child runs ahead around a corner or hides in a store out of sight? Take that feeling and live it for a minute for three months emotionally and mentally, you're drained.

What hurts the most about the events of April 8th, 2009 is having to relive the hurt and pain in my son's eyes each and every time I see him. There has been a tremendous loss for him in losing his younger sister and best friend. You can see the void in all of my family's eyes. So much was stolen from Victoria, stolen from all of us. Our dreams of watching our little girl grow into a beautiful young woman, turning sweet 16, learning to drive, graduate school, walk down the aisle, even years down the road. The possibility of watching Victoria grow and raise her own innocent children as we all have the right to. They're all gone. Now our only means of communicating with Victoria is tearful whispers through her headstone where her remains were laid to rest. You cannot imagine the painful swirl, feel standing at your eight year old child's grave site in order to say hi, instead of just being able to hold her in your arms and hold her tight. There are no words that can express the hurt and anger inside, having to relive that horrific day in the last hours of Victoria's life without wanting to explode with rage.

Nothing will ever replace what was stolen from all of us, a human life, a child's life, my daughter's life. Victoria Elizabeth Marie Stafford, eight years old, born July 15, 2000, stolen from all of us April 8, 2009. Sadly missed but will never be forgotten. Thank you. These last three years have felt like a lifetime and Friday night was the greatest surge of emotion that I've ever felt. Happiness, sadness, relief, all at once, knowing that the people that are responsible for our suffering will be in jail for at least the next 25 years has allowed us to breathe a huge sigh of relief. Now we can try to pick up the pieces and move forward knowing that Tori is resting. Darren and I, my mom and James and Tori's friends, we're the lucky ones. We have all the wonderful memories, the fun times, the laughter, and no one will ever be able to take those from us.

Every time I see a butterfly or a purple ribbon or Hannah Montana, we will forever be reminded of our little princess. She has touched the hearts of millions and I'm proud to say that I'm Victoria Stafford's mom. There will never be another child quite like Tori with her spunkiness, her zest for life, and love of animals. Her beautiful blue eyes and gorgeous smile is going to be in the minds and hearts of every person who has heard about this tragedy. I urge people to not dwell on the horrific details of her final hours, but instead think of the loving, happy, gorgeous little girl that she was and forever will be. On May the 20th, 2012, just after a week after the trial was over, hundreds of people gathered in a wood stock parking lot to honor Tori and pay tribute to her. There was a candlelight vigil in her honor and hundreds of purple balloons were released into the sky. And two months later, the first annual memorial ride for Victoria Stafford was staged, with hundreds of motorbikes taking to the streets of wood stock to honor the little girl.

They were of course decked out in purple. The event raised awareness for child safety and money raised from the event was for programs that support children's mental health. Also at the event were child identification kits for parents to take home. In August of 2012, Michael Rafferty submitted an appeal on his conviction on grounds that the judge failed to properly instruct the jury. Dick Durstein, Michael's trial lawyer, told the press that he would not be the convicted murderer's appeal lawyer. Tori Stafford's family were of course dismayed about this announcement of the appeal. In September of 2012, Terri-Lynn McClintock pleaded guilty to the charge Assault Causing Bodily Harm, in the incident she described in the trial between she and another inmate. She admitted to attacking this inmate by punching her in the head during a peer support meeting, and then when the woman was in the fetal position on the ground, Terri-Lynn kicked her.

It took six prison guards to pull Terri-Lynn off the other inmate. In a letter she wrote to a friend, she said she wished the room was bigger and that the inmate hadn't curled up so she could have inflicted more damage. She was sentenced to six months, which would be served at the same time as her life sentence. Sentences run concurrently in Canada. In December of 2013, 18 months after he was sentenced, Michael Rafferty said he wanted the appeal court to order that the public fund his appeal. He said he couldn't afford to hire a lawyer, and was turned down by legal aid four times since his convictions. In January 2014, it was announced that the Ministry of the Attorney General would pick up the tab for Michael's appeal. The appeal court Justice Mark Rosenberg ruled the case was too complex for someone with only a Grade 9 education, housed in segregation, and with no access to a law library to handle on his own. 18 months later, in October 2016, Michael Rafferty finally submitted his appeal and asked for a new trial.

His lawyer said the judge made several errors, including failing to warn the jury against relying on the testimony of Terry McClintock, a person of quote, unsavory character with a serious history of violence and lying. The defense also said he should have been charged with accessory after the fact instead of first degree murder. The Crown had the strongest evidence on the kidnapping count, but since forensic evidence wasn't able to prove that a sexual assault took place, the conviction was almost completely dependent on Terry Lynn's version of events. However, the Crown had more than enough evidence to corroborate most of the other details of Terry Lynn's version. Before the Crown even got to make its oral submission, the appeal judges quickly dismissed the appeal. Family and supporters, including Woodstock Police Chief Bill Renton, who used to be with the Ontario Provincial Police and was the lead investigator on Tory's murder case, cheered when the announcement was made. Rodney Stafford spoke to the press outside the court. I feel really good. It's over with. He can go back to where he deserves to be, and that was made quite clear back in 2012.

Were there any surprises in court today, Rodney? Anything new? No, just the fact that we were here wasting taxpayers' money, to be quite honest. We really had no reason to be here. All the information that was put forward in 2012 landed him where he was, and that's exactly where he deserves to be. We hoped on a basic idea that it'd be over very early and it turned out that way. We can move forward and continue working on ourselves better, and he can go back and write. The Tory Stafford Memorial Ride continued to be staged every year. In 2016, Tory would have been 16 years old. Rodney Stafford said he wondered what his little girl would have been like as a teen. Quote,

This year, Victoria Elizabeth Marie Stafford would have turned 17 years old. In October 2016, the media announced that a juror from the Michael Rafferty trial was seeking compensation because of diagnosed post-traumatic stress disorder, or PTSD. The 57-year-old female, who can't be named, said her symptoms were debilitating and included memory loss and bouts of extreme anger. She said she has recurring visions of standing at the crime scene watching Tory's attack and murder, and being unable to save her. 00:59:39,000 --> 00:59:43,000 It's been horrible. It's a nightmare. This has been hell. She first applied for compensation through the Criminal Injuries Compensation Board, which denied her claim for financial help, saying she didn't fit their definition of a victim of crime. Luckily, before she had to appeal, it was announced that the Ontario government would step in with a commitment to help pay for some of her therapy for PTSD.

It's really not hard to understand how this kind of thing would happen. For almost three months, jurors in Michael Rafferty's trial had to listen to repeated facts about what happened to Tory Stafford. Not only this, but they had to see the autopsy photos. This juror is not alone. Jurors from other trials covered in this podcast, including Paul Bernardo, Dylan Millard, and Douglas Garland, as well as many others, have suffered the same symptoms after being exposed to similar gruesome details. Not to mention video, audio, and photographs. Canadian jurors have committed suicide because they were unable to deal with the debilitating symptoms they experienced after the trial and were not given any assistance. That is another layer of tragedy. These jurors are just ordinary people performing their civic duty. Surely, if their country requires them to listen to and look at such gruesome details, they should be supported appropriately afterwards. Many others think so too. I was fortunate to speak with Mark Ferrant, a former juror from a particularly gruesome first degree murder trial in Canada, who reports he suffered PTSD as a result and didn't have access to mental health support.

He told me that it nearly destroyed him, and as a result he decided that what happened to him shouldn't happen to any other jurors. He formed an advocacy group called 12 Angry Letters, receiving support from both federal and provincial ministers to establish post-trial support for Canadian jurors. Former jurors from the Paul Bernardo trial actually received mental health support, but this was due to a personal decision by that trial's judge. Justice Patrick Lissage was one of many who wrote a letter of support to the provincial minister and the Ontario Attorney General speaking of the benefits of counselling and the need for court-supported services for distressed jurors. The Ontario government has since created the Ontario Juror Support Programme, a crisis line, and counselling sessions for jurors. Mark Ferrant went to Ottawa to meet with MPs there, and the members of the House of Commons Justice Committee unanimously voted in favour of studying juror mental health. At the moment though, despite mounting pressure and dialogue, the Prime Minister and Attorney General of Canada have not committed to anything on a federal basis, leaving these decisions to the provinces. The 12 Angry Letters Advocacy Group is hopeful that the federal justice minister will enact a national standard for juror post-trial support, which all provinces must meet.

Certainly in trials where there is so much suffering and horror present, it's encouraging to see that post-trial mental health is starting to become a priority. Let's hope the trajectory continues. If you'd like more information on this, you can contact Mark via Facebook or Twitter just by searching for Canadian jury help. I'll also include details in the show notes. You could also contact your local MP to voice your concern. Thanks for listening. If like me, you're a parent of young children and you've made it this far, you're probably wanting to wrap your kids up in cotton wool and never let them out of your sight. Most people these days know that horrific stories like this are definitely outside the norm. In fact, most attacks are perpetrated by people who are known to the victims. Still, it's hard to maintain the delicate balance between raising awareness and perpetuating fear. Unlike when I was a kid, Stranger Danger is not the recommended course of education. Child Safe Canada suggests teaching children to recognize dangerous situations rather than people. Some of the tips they give is that it's okay for kids to yell and draw attention to themselves if they feel in trouble and that adults don't ask kids for help, so if someone does, it's a sign of danger. People with bad intentions don't always look like bad people and kids should trust their instincts.

Kids should never go anywhere with anyone without a parent's permission and no secrets. If someone asks a child to keep a secret from their parents, that's a sign of danger and the child should in fact tell their parents straight away. Tips like these should be taught to kids at a young age and repeated often as they get older. It's a good reminder for me too. More of these tips can be found at the Child Safe Canada website. I've included a link in the show notes. Again, I wanted to thank you all for your patience and understanding as I took longer than usual to complete these two episodes. Also, thanks to everyone who sent kind messages on Twitter, my Facebook page, my Facebook group and Instagram. And if you left me a review either on iTunes or the Facebook page, I love reading them, so thank you so much. This week I'm saying a big thank you to these patrons. And now for the podcast recommendations.

The first is They Walk Among Us, the top UK true crime podcast. I recommended this show many episodes ago, but I have a promo now so that you can enjoy Ben's wonderful British accent. And the second recommendation is Once Upon a Crime, another one of my favourites. Esther Group's cases into stories, they're all fantastic, but I highly recommend the recent series Sick and Murdered. Here's Esther. This is Esther, host of Once Upon a Crime, a podcast that shares true crime stories, chapter by chapter. Crimes are covered within series like we're in the series Monstrous Moms and Dastardly Dads. This is chapter two, John List, Killer Kids. Chapter one, Jesse Pomeroy, Murder and Paradise. Chapter three, Missing in Aruba. This is chapter one, A Woman Scorned, Betty Broderick. As a storyteller, I share not only the details of the crime, but also my research into the backgrounds of the victims and perpetrators to try to understand why events unfolded as they did and to offer clues into how and why these crimes occurred.

You can find more about the show on truecrimepodcast.com. You can also find us on Apple Podcasts, Stitcher, Google Play, or wherever you get your podcasts. This episode of the Canadian True Crime Podcast was researched and written by me with research assistants from Dallas Attenborough. I'd also like to thank Eric Crosby for the audio production and additional scoring. I'll be back soon with another Canadian True Crime story, and this next one is a big one, so stay tuned. And don't forget to subscribe to the Insight Podcast to hear the story of the disappearance of Madison Scott. I'll see you soon.