Canadian True Crime - The Murder of Tori Stafford [2]

Episode Date: September 22, 2017

[Part 2 of 3] The shocking conclusion to the story of an 8-year-old girl who went missing from Woodstock, Ontario in 2009. * Additional content warning: this episode includes coarse language, adult th...emes, violence, graphic information and the death of a child. Please take care when listening.Look out for early, ad-free release on CTC premium feeds: available on Amazon Music (included with Prime), Apple Podcasts, Patreon and Supercast. Full list of resources, information sources, credits and music credits:See the page for this episode at www.canadiantruecrime.ca/episodes Hosted on Acast. See acast.com/privacy for more information.

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Starting point is 00:00:00 Welcome to the Canadian True Crime Podcast, Episode 13, The Murder of Torrey Stafford, Part 2. This is Christy. If you haven't listened to Part 1, I would encourage you to listen to that one first to make sure that you have the full story. Again, this podcast contains coarse language, adult themes, and content of a violent and disturbing nature. And this episode contains more details about the crime itself than part 1 did, so the additional content warning is still in effect. I generally try to preserve the dignity of the victims when I tell a story, and I will do that as much as I can in this story,
Starting point is 00:00:47 but unfortunately this is one of those cases where some of the details will need to be included. In the previous episode, hers is a face that it's familiar for all the wrong reasons. The blonde hair, blue eyes and bright smile made famous when her picture went up on missing posters just before Easter of 2009. Torrey Stafford's hometown of Woodstock, Ontario and communities beyond were rattled when security videos surfaced, showing the 8-year-old being led down the street from her school by a woman no one could identify. Two months later, an arrest.
Starting point is 00:01:18 19-year-old Terry Lynn McClintick was taken into custody. Michael Rafferty also arrested, both charged with abduction and murder. Where's story? The little girl's body was finally found an hour away from her home outside of Guelph, Ontario, two months after the arrests. Just remember her because she was the prettiest, most beautiful little girl in the world. So we have two people who were arrested and appeared in court charged with the abduction and murder of Torrey Stafford, but the public still knew nothing.
Starting point is 00:01:49 What happened to Tori? And why her? They had no choice but to wait for the answers to come, and it was a long wait. At the end of July 2009, almost four months after Tori disappeared, Father Rodney Stafford announced a bike journey to Alberta to pay tribute to Tory and raise money for the charity Child Find Ontario as part of their Kilometers for Kids fundraiser. He estimated that to cycle the 4,500 kilometres or 2,700 miles would take about a month,
Starting point is 00:02:22 but he said that the distance wouldn't be the biggest challenge. Quote, the ride's making it a lot harder. It's giving me time to think. I don't want any other family to go through this. All I have to do is picture Tori and the other kids. It's enough. In mid-August, as Rodney was cycling his way through northern Ontario, it was announced that Terry Lynn McClintick's court case would be delayed until October the 1st.
Starting point is 00:02:48 Her lawyer said they had a lot of evidence to review and it would take some time. One of the lawyers for Michael Rafferty said that he would be pleading not guilty. When Rodney's charity cycle ride finally, reached Edmonton, Alberta in September, he auctioned off his bike, drove up Whistler Mountain and released one purple balloon. He said that this was his way of saying goodbye to his little daughter. The next month, Child Find Ontario says that money raised in memory of Torrey Stafford reached more than $40,000. Meanwhile, angry residents had made headway on a petition about the police's
Starting point is 00:03:27 failure to activate an Amber Alert when Tory went missing. The petition, called Tori's Law, had gathered more than 60,000 signatures. At the time that Tori went missing, the criteria for an Amber Alert meant that they had to confirm a child had been abducted, believed the child to be in danger of serious harm or death, and have descriptive information about a suspect or vehicle. Following the awareness created by the petition, the Ontario-Proveyor provincial police announced they had reviewed the criteria for Amber Alerts and had decided to revise them. The new changes would mean that police would only have to believe and not confirm
Starting point is 00:04:09 that a child has been abducted and in possible danger. Also, they would now be able to issue an Amber Alert without descriptive information about the abductor or the vehicle. Rodney Stafford said that the changes were outstanding, but expressed concern about the possibility of people crying Wolf about a suspected disappearance. He also said that he understood that Tori was murdered the same day she was taken and said that since it took over two and a half hours before a phone call was made to police, there was a good chance it may not have helped in this particular case. Halloween came and Tori's family visited her grave with a little witch decoration that cackled when the wind blew, saying it would have made her giggle. In December 2009, 10,000, 10,000,
Starting point is 00:04:57 Terry Lynn McClintick waived her right to a preliminary hearing, meaning she agreed to proceed directly to trial. Her lawyer said she made the decision because she was mentally ready to deal with the matter. On the other hand, that same month, Michael Rafferty elected to have a preliminary hearing, again reiterating through his lawyer that he would be pleading not guilty. He was in a different detention centre now, having been transferred when he was threatened by inmates. Terry Lynn's trial date was expected to take place three months later in March 2010. The family of Torrey Stafford and the community were anticipating finally being able to find out exactly what had happened to the little girl.
Starting point is 00:05:43 Michael Rafferty's preliminary hearing was expected to take place three months later in June 2010. On the first anniversary of Tori's abduction and murder, her grandmother Dorian Grachin said, Quote, we've taken her along with us. There's nothing we've done that we haven't had the feeling of her presence with us. She's alive in us now. Rodney Stafford said, quote, It's actually harder this year than it was last year. Last year, I wanted to get the story out there to bring her home.
Starting point is 00:06:14 This year, I know she's not coming back. He went on to say that holidays and birthdays were especially tough, but the family always took care to include Tori and focus on the good times and laughter they shared with her. He was now wholly dedicated to the cause of missing children and was planning a second bike trip. This time, Tori's older brother Darren would go with him. Darren had been processing his feelings in his own way
Starting point is 00:06:41 and the family had made him a quilt using some of Tori's old clothing something he could wrap himself in when he was missing her. As for the wait to find out exactly what happened to Tori, her grandmother Doreen acknowledged that finding out what happened through court proceedings would be awful, but hopefully it would erase the terrible questions that plagued them. Quote, I pray that this eases as time goes on, but not having any answers is the worst.
Starting point is 00:07:10 We don't want to know, but we do want to know. The last the family knew was that Terry Lynn McClintick's court date was sometime in March, but it was now April and they still hadn't heard anything. On April the 30th, an announcement was made, but it wasn't what they were expecting. A court order was handed down by Justice Dugald R. McDermott, permitting the publication of only this statement. As we previously reported, Terry Lynn McClintick was scheduled to appear on April the 30th, 2010, and the Superior Court of Justice at Woodstock.
Starting point is 00:07:47 But because of a temporary publication ban, we are prohibited by court order from providing any further information until further order of the court. A publication ban. The scope of it was so strict that media were not allowed to even report if Terry Lynn actually appeared in court. The public were again outraged. This case was going the same way as Paul Bernardo and Carla Hamulka, except this ban went beyond the traditional media that existed back then and extended to anyone using print, broadcast and internet channels to share information.
Starting point is 00:08:25 Justice system, experts and politicians spoke out against it, saying that misinformation, which is surely more dangerous than facts, will be the order of the day until the ban is lifted. And since the public had no idea what the publication ban was all about and what it seeked to protect, it may lead to all kinds of speculation. As for the family of Tory Stafford, mercifully, the police were able to tell them in the months prior what they believed to have happened to Tory in her last moments.
Starting point is 00:08:57 But as for filling in the blanks and getting confirmation, the only thing that they could look forward to was the fact that publication bans always expire. It was just a matter of when. A month after this announcement was made, the Ministry of the Attorney General announced that it would proceed with a direct indictment in Michael Rafferty's case, meaning he would skip the preliminary hearing and go straight to trial.
Starting point is 00:09:22 As you remember from previous episodes, a direct indictment is only granted in the most serious and complicated of cases, and when the Crown believes there is more than enough evidence for a strong likelihood of conviction. The next month, Rodney Stafford started his second bike ride from Ontario to Alberta to raise awareness of the importance of child. child safety. This time, he was accompanied by his son Darren, then 12 years old, and they rode on a tandem bike, with Rodney's mum Doreen Gratian driving behind them in a truck.
Starting point is 00:09:57 During the trip, Rodney said he learned of the amount of strength and courage that Darren has, and as a result, they became closer as father and son. He also said that personally, the ride gave him peace and helped him to deal with what had happened to Victoria. In November 2010, Michael Rafferty made a court appearance by video. He appeared to have gained some weight since his arrest 18 months beforehand and was observed smirking during his appearance. A month later, a decision by the Supreme Court of Canada meant that the controversial sweeping publication ban was finally lifted
Starting point is 00:10:35 and the media could finally report on what had happened during Terry Lynn McClintick's court hearing. However, there would still be restrictions on exactly what could be reported, with the intention to not jeopardize Michael Rafferty's right to a fair trial. Here's what the media were able to report about what happened at Terry Lynn's court session. She wore a tailored black suit and a cream shirt with her hair pulled back.
Starting point is 00:11:02 She wasn't handcuffed or shackled, but either stood or sat in a prisoner's box with plexiglass walls. She cried frequently during the proceedings. The kidnapping charge was dropped, And just the first-degree murder charge remained. When the judge asked what her plea was, she said, guilty, in a soft, monotone voice. The judge asked her what her motive was for pleading guilty to first-degree murder
Starting point is 00:11:28 to ensure that she understood that she was heading for life in prison. Terry Lynn replied, quote, It seems like the right thing to do. The court then went into a reading of Terry Lynn's role in the murder of Torrey Stafford. Tori's mother, Tara MacDonald, left the courtroom for this, along with a few other family members. Tori's father, Rodney Stafford, remained. The judge then read an agreed statement of facts, but the media were only able to report on an edited version that tells only Terry Lynn's side of the story. It completely leaves out any mention of Michael Rafferty or his involvement.
Starting point is 00:12:07 According to the edited version of the statement of facts, Terry Lynn didn't wake up that morning thinking she was going to take a child. She got some food vouchers and food and went to the community employment service in Woodstock to apply for a job. It had been five months since she had worked. Before that, she had a brief stint as an industrial cleaner and as a babysitter for various families caring for children between eight months and five years old. On the job application, she checked off the box that said, I tend to become angry easily. And she wrote next to it, quote, but have been able to maintain control over situations. Then she ended up walking up Fife Avenue towards Oliver Stevens Elementary School in Woodstock.
Starting point is 00:12:55 As she walked up, she saw Torrey Stafford walking towards her by herself. At about 3.30pm, Terry Lynn approached Tori and struck up a conversation, telling the little girl that she had a Shih Tzu dog. Tori, of course, said she too had the same kind of dog. Terry Lynn invited Tori to come and see hers. The surveillance video shows the two walking into the parking lot of a nearby nursing home. The two of them then drove to Guelph, a city about 50 minutes drive north of Woodstock. At about 5.12 p.m., they stopped at a home depot,
Starting point is 00:13:33 and Terry Lynn went in and purchased a hammer and garbage bags. The two then went to a low. location north of Guelph. The statement then reads, quote, In a remote location on a side road, Victoria Elizabeth Stafford was murdered and her body was concealed. Between 9pm and 10 p.m. that night, Terry Lynn McClintick returned back to the house she shared with her mother in Woodstock. Very, very bare-bone details, and the public would need to continue to wait to receive the full picture of what happened to Tory and why. The statement of facts revealed a few other things about what went on behind the scenes.
Starting point is 00:14:16 The first is that despite the police waiting 11 days to announce to the public that they were treating the case as an abduction, they actually considered it as an abduction as early as the day after Tori went missing. Also, as soon as the police released a videotape of a woman walking with Tori, the woman in the white coat, they received several tips that the woman was Terry Lynn McClintic. As we learned in part one, one of these tips came from Tori's mother, Tara McDonald, who said she recognized Terry Lynn's distinctive walk. So how did Tara McDonald know Terry Lynn? What was the connection? Well, Tara told the police that
Starting point is 00:14:58 Terry Lynn's mother, Carol, also owned a Shih Tzu dog and the two women had discussed the possibility of breeding their dogs. Tara went to Carol's house to discuss the logistics, and Terry Lynn happened to be there. More on this connection would be revealed in Michael Rafferty's trial. After the police were confident that Terry Lynn McClintick was the person in the video, they realized there was an outstanding arrest warrant for her on a couple of minor offenses, parole violation, breach of custody and supervision. These were after several assault charges that she'd had. So on April the 12th, four days after Tory disappeared,
Starting point is 00:15:40 they arrested Terry Lynn and she remained in police custody since that date. So the police had one suspect in police custody, yet Michael Rafferty wasn't arrested until May the 20th, five and a half weeks later. What was happening during that time? Terry Lynn was shown the surveillance video but denied being the person in the video or having any involvement in Tory's abduction.
Starting point is 00:16:06 But the police still considered her a person of interest and earmarked her for further investigation. She stayed in custody at the local detention centre. A few weeks went by. The investigation expanded in scope, which meant the Ontario provincial police were now involved. On May the 12th, a month after Terry Lynn was first brought into custody, investigators interviewed her for the second time.
Starting point is 00:16:31 This time her story changed. She said she did recall walking up Fife Avenue but did not stop anywhere near the school. Three days later, she was asked if she would consent to providing a further statement to police. She said that she would. And four days after that, on May the 19th, 2009,
Starting point is 00:16:53 Terry Lynn McClintick was taken out of the detention centre and back to the Oxford Community Police Service headquarters. She declined the opportunity to speak with a lawyer and said she was voluntarily participating in the interview. First, she provided a polygraph statement and then was questioned, primarily by Staff Sergeant Jim Smith. She admitted that she was the female walking with Torrey Stafford and gave a full version of what happened to the little girl. Jerry, let's talk about what you saw. You can't have your back turned like that, right? You saw this.
Starting point is 00:17:28 This isn't a matter of what you heard. All right, let's talk about what you saw, right? You're concerned about this little girl, right? You're not going to turn your back on her. Right? We need to talk about the things you saw. And this can come out quickly. You know what?
Starting point is 00:17:48 You know how I look at this situation is like this, Terry? Because people don't have to talk to me about these things quite often, okay? And I look at this as like taken off a band-aid, all right? You can do it quickly and get it done. Right? You just keep pulling it a little bit at a time, and that's what hurts, right? That's what you're going through right now. We need to just tear that bandied off, okay?
Starting point is 00:18:10 Just tell me what you saw, okay? I seem like you kick her a couple of times, like, the garbage bag over her head. I just have a clearer, like, the side of Tori. Like, I can see Mike before I can see anything of Tori. like I used to hammer. We're gonna hit her with the hammer. The head. I see the garbage bag over so it wasn't
Starting point is 00:18:54 afterwards like this pretty much what made it easiest like he knew what he was doing. Like there was the whole like blood splatterly. So he hits her in the head with the hammer, all right? And then what happens? He had the garbage bags, like he had garbage bags. like he had garbage bags, he had access to garbage bags. I'm not, again, about 100% on whether he went to the trunk and grabbed him
Starting point is 00:19:22 or whether he already had the back seat with him. She just started to put garbage bags over her feet, like, from the bottom. And then over the top of her, like, I'm pretty sure, like, maybe two, three garbage bags. used. Okay. So wraps up in garbage bags, right? Like I said, I remember from that point, because that was the last time
Starting point is 00:19:55 of me seeing Tori was on you beside that car. Terry. Terry? Number 99%. With the confession out of the way, the number one priority is to locate Torrey's
Starting point is 00:20:10 remains. The detective needs to find out if Terry Lennon, Michael transported her to a different location. You guys didn't leave Tori there, right? You took everything with you, including Tori, and you know that. No, we didn't. Like, I know that. Terry, listen to me for a second, okay?
Starting point is 00:20:29 Sure, all right? That doesn't make any sense. You've got a girl wrapped up in garbage bags right beside the door. You have to get in to get in that car. And I know that. When I see that, what happened, Tori didn't come with this. I'm 100% on that.
Starting point is 00:20:53 Terry, listen to me for second, okay? I don't know why you don't want to tell me, okay? That you need to tell me the truth about where Tori ended up. I am. I am. She didn't stay enough. She did. She didn't.
Starting point is 00:21:07 Yes, she did. I'm not. Like. Terry, listen. It doesn't make you any more guilty to help him. I know. It doesn't, okay? All right?
Starting point is 00:21:20 This is already the most serious charge. It doesn't get worse. I'm aware of that about you. I don't know my body here for anything for myself. I don't want that. But that's why we need to talk about the fact that you don't have been doing a Tory line there. Yes, he did. We did.
Starting point is 00:21:39 Terry Lynn wasn't budging from the story. So the detective asked her to describe how Tori's body went from being on the ground to on the rock pile. I leave to what everything that I can recall, not a whole lot, no. When you guys are there, okay, and you put the rocks on her,
Starting point is 00:22:02 or even before you put the rocks on her, is there any discussion about what should be done with her? Does anybody say we should take her with us or not take her with us or anything? I, is,
Starting point is 00:22:16 not that I can recall. Here's the problem about, Terry, okay? Right. If you're going to leave her there, why are you putting her in her garbage bags? I don't know.
Starting point is 00:22:32 I don't know. I have no idea. Terry, I want you understand something. Okay, you're not going to be in any more trouble. I know that. I'm not aware of that. Because she moved her body. Okay, you're not.
Starting point is 00:22:44 I take a lesson. What I'm saying is it. As a matter of fact, if you move her body, and you can take us there, people are going to see that you. you're somebody that one day, I know that. I didn't. Tori was there.
Starting point is 00:23:02 That was it. Has Mike ever talked to you about the fact that he was going to go back and move her later? No, he never said anything to me about ever going back. Seeing that Terry Lynn won't budge on her story that Tori's body wasn't moved, Staff Sergeant Smith tried to get her to describe the rock pile and the surroundings. So it's the edge of the rock pile. Like this edge of the rock pile, like this edge of the rock pile, like when the front of the car is here. Kind of like, just like on the angle, if I was say this in the front of the car.
Starting point is 00:23:40 Mm-hmm. The angle, the angle's kind of like that. There's the edge of the rock pile. There's a tree beside the rock pile. Right on the edge. There's a little brush around with like, just tossed her. Like, she just, like, she just, like, she was just, like, garbage. Like, I look, like, I looked up.
Starting point is 00:24:01 I looked away. Each time that I felt I put in tears a lot. I didn't want to see that. I didn't want to see any of that. After getting Terry Lynn's testimony, the next order of business was to find Tori's remains. By this point, Terry Lynn was willing to cooperate
Starting point is 00:24:21 with the police and assist investigators in their attempts to locate her. In the weeks that followed, Terry Lynn attempted to recall exactly where it was that they had left Torrey. She accompanied investigators as they searched in areas north of Guelph. She described in detail the actual scene of the murder, referencing a broken down fence, visible silos,
Starting point is 00:24:45 a large rock pile, a nearby house, a laneway, trees, and more. She drew sketches of the scenery and its placement, and artist's sketches were also developed from her descriptions. But it was a vast area, and would take a while to figure out exactly where she meant. But on July 19, 2009, over two months after Terry Lynn was first taken into custody, an officer was driving around to check out the area, recognize some landmarks from the artist sketches, and stopped to investigate.
Starting point is 00:25:20 He got out of his car, approached a group of trees beside a rock pile, and saw a portion of green garbage bag underneath some rocks. He had found Torrey Stafford. It would be revealed that this officer was Staff Sergeant Jim Smith, the same officer that Terry Lynn was talking to when she confessed on the interrogation tape. The final part of the statement of facts says that Tory's remains had suffered from significant decomposition in the time between April the 8th and July the 19th. The little girl was positively identified using dental records
Starting point is 00:25:56 and also from the fact that her Hannah Montana t-shirt and butterfly earrings were found alongside her remains. Her cause of death was determined to be multiple blunt force impact. After the statement of facts was read, it was time for additional statements. Terry Lynn's statement started off with her saying she wasn't dealt her great hand with the cards of life, and she learned to bury her emotions rather than letting them get out. She said that she was doing this so that Tori got justice, She bizarrely said that she was honored to have been able to spend even a brief amount of time with such an amazing person, and it pained her to think how many people wouldn't get to see what a beautiful and brilliant woman she would have grown up to be.
Starting point is 00:26:41 Terri Lynn went on to say she couldn't explain her thought process on that day, and although she was on drugs, that doesn't make what happened acceptable. She says she wakes up wishing that what happened was just a very bad dream, that she had to take responsibility for her action. She said she can't take back what happened, but wanted to express how truly sorry she was, and that she was there willingly to avoid dragging people through a trial. She wanted to try and make things as right as they can be. Quote, a million tears will never be enough and a million words would never be able to express how truly sorry I am.
Starting point is 00:27:19 After court, Torrey's mother Tara McDonald said, It was garbage, you can print that. I don't want to hear that. your apologies. If you apologize every day until the day you die, it's never going to be enough. Never. Back in court, Tara McDonald read her victim impact statement. She said a piece of her will be missing for the rest of her entire lifetime. Quote, the emptiness is overwhelming. I miss her so much that many times, if I didn't have my son, I probably would have taken my own life because the agony of not having her with me is so great.
Starting point is 00:27:58 Rodney Stafford read his statement. He said he would miss out on seeing her at the prom, being proud of her when she graduated, walking her down the aisle. He described what the last year of his life had been like, wondering what had happened to her, where she'd gone. He said the loss of Victoria had left an emptiness inside that no parent should ever have to feel. He doubted his own family and friends.
Starting point is 00:28:22 He said the hardest part of the year had been watching Darren, now 12 years old, tried to continue through life trying to figure out why he lost his little sister and best friend and deal with his own feelings of guilt because he couldn't walk her home. Lastly, Rodney addressed Terry Lynn. Surprisingly, he said, as hard as it is for him, he had to thank her for stepping up and accepting responsibility and for aiding in the search to find Victoria's remains. He said he believed that Terry Lynn was a woman under the influence of drugs who took things too far.
Starting point is 00:28:58 He ended his statement by saying, quote, I hope that during your sentence, you find peace with yourself and with God. And just maybe one day I could learn to forgive you, but for now, excuse me if I don't, my little girl is gone. Torrey's older brother Darren Stafford also read a statement. He described Tori as his best friend, the most important, person in the world to him. Quote, just knowing that I will never get to see her again makes me sad. I would have given anything and I still would give anything to get my baby sister back. I just love her more than anything. I've lost a lot of sleep.
Starting point is 00:29:42 After these statements, Terry Lynn was seen throwing up in a waste paper basket. She was sentenced to life in prison with no eligibility for parole for 25 years. With half the mystery over with, Tori's family braced themselves for the onslaught of pretrial hearings and motions in the lead up to Michael Rafferty's trial. Rodney Stafford said it was difficult having to sit only several rows behind him, even though he was in the plexiglass prisoner's box. By this point, Michael Rafferty had shaved off his goatee
Starting point is 00:30:16 and was clean-shaven with a cropped haircut. He'd put on a considerable amount of weight and looked quite different to the guy who was first arrested. In March of 2011, it was announced that a judge had granted Michael Rafferty's request to move his trial outside the city of Woodstock. The defence had argued that he would not get a fair trial in the city, so it was moved to London, a city about 45 minutes drive southwest of Woodstock. The judge said the people in Woodstock would have a strong emotional reaction to a crime of this nature,
Starting point is 00:30:50 putting Michael Rafferty's right to a fair trial in jeopardy. The trial was slated to commence eight months after that in January 2012, almost three years after Tory first went missing. Six months later, in September 2011, Tori's mother, Tara MacDonald, then aged 32, and her partner, James Gores, 34, plus another man, were charged after a drug bust. Tara and James were charged with possession of a controlled substance and stolen property, and were released.
Starting point is 00:31:26 If Tara was already struggling with substance addiction, it's no surprise that the problem would resurface after the horrific loss of her young daughter in that way. In January of 2012, pre-trial motions were continuing in the lead-up to the trial starting, but due to many parts of the publication ban still being in place, the media were only able to report the simple detail that they were actually happening. While the city of Woodstock braced themselves for the details of the crime that would finally be revealed, they reflected on the changes that had occurred in their city and the wider community. Many referred to the phenomenon as before Tory and after Tory. Before Tory, it was the kind of community where everyone knew everyone,
Starting point is 00:32:14 the people had faith in each other, left their doors unlocked, and let their kids play on the streets. But after Tory, the small-town charm and community trust took a hit. They were more wary of strangers and unknown cars on suburban streets were noticed more. Most tellingly, they no longer let their kids be alone. Not only this, but the controversy in the way that the police handled the case
Starting point is 00:32:40 made the community wonder if the local police service were capable of handling anything more than routine police work. By this time, the dilapidated house where Terry Lynn McClintick lived with her mother Carol was now abandoned. Carol was reportedly harassed until she left town a year before the trial started. The house had been vandalized a few times and bed frames, old furniture, and bags of garbage were stacked on the porch. As jury selection began at the end of February 2012, Michael Rafferty, then 31, was formally arranged. and pleaded not guilty to charges of first-degree murder, sexual assault causing bodily harm
Starting point is 00:33:21 and kidnapping in the death of Victoria Stafford. On March 5th, 2012, Michael Rafferty's trial finally began, almost three years after Tori went missing. His hair was now shaved in a military-style haircut, closely shaved at the back and sides, with slightly longer hair up top. He wore square-framed glasses and a suit,
Starting point is 00:33:45 as he sat behind the plexiglass prisoner box. Torrey Stafford's parents, grandparents, and other family members and friends showed up every day and all wore a purple item to represent Tori. What are your emotions today? All over the place. I've been waiting for almost three years now, and time to get it started.
Starting point is 00:34:07 Are you a little worried about what you're going to hear in the courtroom? Yeah, in a way, but no, in a sense, because my mind's already played over everything. But have you heard all the details before? Have I? Yeah. Yeah. You have heard.
Starting point is 00:34:21 So you're going to hear them again. Yep. What would you like to be in the same room as a man accused of taking your daughter away? It's self-explanatory, really, if you think about it. Most of us don't have to deal with something like that. Well, yeah, but at the same, I don't know how to answer that. I don't, because it's heartbreaking because there's nothing you can do or say without ruining the potential, like, what's going to happen, what's going to come with this?
Starting point is 00:34:48 You can't say anything. You're put under so many different gag orders. It's ridiculous. Rodney, can you tell us what these three years have been like for you, for your family? And up down all over the place, it's hard to explain. Like, you can't even put it into words because from one minute through another, it's, you're all over the place. Like, um, one song could change your total demeanor from being positive into a bubbling fool or a whimpering fool.
Starting point is 00:35:21 Like, it's, it's not, it's not like I want to be like this, but what happens? Can you tell us about Victoria? I mean, we're in the middle of this case, but this is all about your daughter. Yeah. Tell us about Victoria that the world should know and should have continued. One, one thing I, I do want to express is, um, over the weekend, I spoke with a number of people, asked them just people off the streets
Starting point is 00:35:45 if they knew who Victoria Stafford was. Because she was asked, people were asking him what the ribbons were all about. And I was saying about Victoria Stafford, and nobody knew who it was. And I asked if they knew Michael Rafferty. And it was, oh yeah, yeah, yeah, yeah. It's not about Raffordy.
Starting point is 00:35:59 It's about the little girl that lost her life. And I'm going to make sure we push it and keep it that way. Her name should be, if not, bigger than Michael Raffordy. It's the innocence of an eight-year-old daughter little girl taken in comparison to this monster, alleged monster. No, Tori's got to be out there more. Rodney, how much face do you have in this jury? I have to put all my face into this jury. You've got to go with what they come up with.
Starting point is 00:36:34 my face with the Crown and the police and doing their job. It's to my understanding that they've all done their jobs accordingly and appropriately and let's see how it works out. Crown Attorney Kevin Gowdy told the jury in his opening address that it wasn't necessary for them to determine who exactly did what, but whether Michael Rafferty and Terry Lynn McClintick acted together to bring about the girl's death. The first to testify was Torrey's gritty,
Starting point is 00:37:04 grade three teacher, Jennifer Griffin-Murrell, who fought back tears as she said, quote, she was kind of like a mother hen to a lot of the younger kids in the class. She always wanted to help. She had a little spark. She was very dramatic in a way that she liked music and drama, and always liked to do little role plays or air bands. She was just a lovely little girl. As she spoke the words, Michael Rafferty was seen taking off his glasses and wiping his eyes. In the surveillance video showing Tori walking with Terry Lynn, a woman can be seen standing as they walked by. This woman testified that she was waiting to pick up her sons.
Starting point is 00:37:47 She said she took note of Tori and Terry Lynn because Tori was in her youngest son's class. She said she didn't know Terry Lynn, but also said they didn't appear to be strangers to each other. Tori's mother, Tara MacDonald, testified next, saying that although she'd made headway and weaning herself off OxyContin earlier in the year Tori went missing, she had begun to struggle again. She told the court about the real reason that she knew Carol McClintick, Terrilyn's mother.
Starting point is 00:38:18 She had been buying OxyContin from Carol. Twice, Tara went to the house where Carol and Terrilyn lived, describing it as a dilapidated triplex. It was so sparsely furnished that the only place to sit was a an old futon mattress. As Tara and Carol discussed their transaction and the possible breeding of their Shih Tzu dogs, Terry Lynn passed by,
Starting point is 00:38:43 one time sitting down on the mattress with them. Tara recalled that Terry Lynn looked like she was very under the influence and almost oblivious to the fact that there were other people around. This meeting had occurred in January of February of 2009, remember that Tori went missing in April of that year. Tara testified that to her knowledge, neither Tori nor her brother Darren had contact with the McClintic family. The connection between Tara and Terry Lynn was looking like it was purely a coincidence. Next, the court heard from several police investigators, who spoke to the massive scale of the investigation
Starting point is 00:39:23 and how overwhelmed officers worked around the clock to try and find Tory. The search for Tory Stafford was the largest in the history of Ontario, and perhaps even the country. Almost 14,000 people were involved in the search and covered more than 18,000 kilometers. One member of the police investigation team testified that the day after Terry Lynn confessed, they obtained video footage of her at a Home Depot in Guelph.
Starting point is 00:39:53 This is where she purchased the garbage bags and claw hammer, just as she had claimed in her confession. The investigator's voice broke as he described his realization at that point, that they were no longer looking for a little abducted girl. They were looking for a body. Terry Lynn McClintick testified next. She was, of course, the Crown Star Witness against Michael Rafferty. Now 21, her hair had been cut in a short bob,
Starting point is 00:40:22 and she wore glasses that stylishly framed her face. Her first day of testimony saw the main and overflow courtrooms filled to capacity as people lined up for hours to hear her voice. version of events. First, she described her traumatic upbringing with Carol McClintick and the verbal, physical and sexual assault she endured as a child, how she began smoking marijuana when she was only eight years old, and how she would eventually take to using opiates, painkillers, morphine and of course oxycontin. At the time Tori went missing, she said, quote, my day-to-day routine was getting high, that was pretty much it.
Starting point is 00:41:02 Then it was time for the real questions. What happened to Tory? And most importantly, how was Michael Rafferty involved? For the first time, the community was about to find out the horrific truth. Terry Lynn talked about how she and Michael Rafferty had met in the pizza shop. He'd driven her home, and then they'd commenced a relationship of sorts. Their relationship mainly consisted of getting high, hanging out and occasionally having sex. Terry Lynn was thrilled.
Starting point is 00:41:34 She felt like she'd finally found a good man, someone different to all the others she'd dated. One day, Michael had casually asked her if she thought it would be weird to kidnap someone. Terry Lynn desperately wanted the relationship to work, so she just ignored the statement. On another occasion, she said Michael drove her to several residents. and told her how easy it would be to break in, tie someone up and just take them. At the time, she said she told him she wasn't interested in those things. On the day Tori disappeared, Terry Lynn testified that Michael called her in the morning looking for Oxycontin. She gave him the numbers of several contacts he could call.
Starting point is 00:42:17 Later on that day, she was again high on prescription drugs and was riding around in Michael's car. As they drove past Oliver Stevens Public School, Michael again brought up the abduction idea asking her to prove that she wasn't simply all-talk. He coached her on what to say to lure a child into the car, telling her to just talk about dogs or candy. He parked his car in the parking lot of the nearby nursing home. Terry Lynn said that while she agreed,
Starting point is 00:42:48 her plan was to pretend she went looking for a girl to kidnap, but would come back empty-handed. But Michael slowly drove past her, watching her, so she decided she would find a child and walked beside them, but not go any further than that. Terry Lynn walked towards Tori, who ended up being the only accompanied child she came across. She dropped in beside the little girl,
Starting point is 00:43:13 introduced herself as Terry Lynn, but told Tori she could call her tea. Tori said, my name's Victoria, but everybody calls me Tori. Terry Lynn asked if Tori wanted to see her Shih Tzu dog, and of course having one herself, Tori said yes. She walked off with the older girl towards where Michael's Honda was parked. Tori reached for Terry Lynn's hand as the two crossed the street.
Starting point is 00:43:41 When they got to the car, Terry Lynn pushed Tori into it. Michael scolded Terry Lynn saying that Tori wasn't young enough. He wanted someone to be. younger because they were easier to manipulate. Still, he decided to drive off with her anyway. Tori was made to crouch down on the floor of the back seat where they covered her up with Michael's black peacoat. As they drove out of Woodstock, Terry Lynn casually chatted with Torrey, learning that her
Starting point is 00:44:09 favorite color was purple, that her favorite TV show was Hannah Montana, which was on the t-shirt she was wearing, and her favorite holiday was Halloween because she liked dressing up. By this time, they were driving east on Highway 401. Michael was quiet. The only thing he said was, quote, We can't just keep her and we can't take her back. Michael turned on the radio to see if there was any news of a missing girl from Woodstock.
Starting point is 00:44:38 But when he didn't hear anything, he decided to stop at a Tim Horton's in Guelph, leaving Terry Lynn and Tori alone in the car waiting for him to get back. Terry Lynn ordered a cup of tea while he was. was there. While he was gone, Tori had moved from her position on the floor and had sat up a little bit. When Michael returned, he yelled at her, saying, what part of stay down, stay fucking covered, don't you understand? He then drove them to a house in Guelph to buy percassets. As soon as he left the car to pick up the drugs, Terry Lynn says she apologized to Tori for Michael yelling at her.
Starting point is 00:45:16 Tori was such a smart little girl that by now she knew she was in big trouble. She peeped out from under the Peercoat and asked Terry Lynn what was wrong with him. Terry Lynn said he was just stressed out. Tori asked where they were going. She asked if she could go home. She said she wouldn't tell anyone and would tell her mum she went to a cousin's house to play. Terry Lynn reassured her, saying that she wouldn't let anything happen to her and she'd make sure that Tori got home soon.
Starting point is 00:45:48 Michael came back with a sandwich bag full of percassettes, and they drove to make their third and final stop at the Home Depot in Guelph. There, he gave Terry Lynn cash to go in and buy a claw hammer and some garbage bags. Tori asked Terry Lynn not to leave her alone with Michael, but Terry Lynn promised that she would be quick. When Terry Lynn was back in the car, Michael drove them away. Michael drove the car to a rural area, down a deserted laneway and into a clearing, parking next to a rock pile in a field.
Starting point is 00:46:24 At this point, Terry Lynn said Michael began to masturbate as he brought the car to a stop and announced that they couldn't keep Tori. Terry Lynn sensed what was about to happen and got out of the car and walked away. She said, quote, I didn't want to be there for what was going to happen. Michael clambered into the backseat of the car where Tori was. He brutally, sexually assaulted her, and as she screamed, Terry Lynn said that she turned her head away. After some time, Michael called Terry Lynn to come back because little Tori needed to go to the bathroom. Tori again grabbed Terry Lynn's hand.
Starting point is 00:47:05 The brave little girl was, of course, crying her eyes out. Terry Lynn recalled saying, I'm sorry. Tori cried, just don't let him do it again. Terry Lynn told her she was a very strong little girl before leading her back to Michael who was waiting in the back seat of the car. Terry Lynn said Tori wouldn't let go of her hand and asked her to stay.
Starting point is 00:47:28 So she got in the front seat and tried to keep holding on to the little girl's hand. But she said she knew what was about to happen and decided she couldn't be there for it again so she walked away as Michael sexually assaulted Tori. yet again. She stared at a silo in the distance trying to block out the sounds of what was happening at the car. Terry Lynn said she kept having flashbacks, quote, sometimes it was like I wasn't even there. I realized I needed to do something, so I turned back to the vehicle and when I saw what was
Starting point is 00:48:00 going on, all I saw was myself when I was that age and all the anger and hate and rage that I had and blame that I had built up towards myself came boiling out of me. It was apparently all about Terry Lynn's rage. She didn't consider the suffering that little Tori must have been going through. By this point, Tori was laying on the ground beside the car, but still alive.
Starting point is 00:48:24 Terry Lynn testified that she started kicking her and then grabbed a garbage bag and put it over Tori's head. Then, quote, she was struck with a hammer. The crown asked, Who struck her with a hammer? To the surprise of the court, Terry Lynn had changed her story, now saying that she was the one that had picked up the claw hammer
Starting point is 00:48:47 and struck Tori in the head with it repeatedly, ending her life. Quote, I went back to the vehicle and I savagely murdered that little girl. It turns out she had recanted her testimony about six weeks before the trial started while talking to a counsellor. But when the police came to the prison to take her new statement the following day, another detail in her story was different. In the new version, it wasn't Michael who told her to buy the claw hammer and garbage bags. Terry Lynn was the one that made the decision to buy them.
Starting point is 00:49:20 Back at the court, her testimony then joined back up with what she'd originally said in the interrogation, with Michael putting Tori's body in several layers of garbage bags. He yelled at her to help him, saying she was in. just as far as he was now. So she helped him. They threw Tori's body next to the rock pile and put some of the rocks on top of her. They got back in the car and Michael asked a shaky Terry Lynn if she was okay. She said she grunted in response. He said, quote, yeah, I'm all right too considering. Terry Lynn confirmed that when she first confessed to the police, she lied and blamed Michael Rafferty for the murder.
Starting point is 00:50:04 She said she did it because, quote, I didn't really believe what really happened. I couldn't believe I was capable of what had happened. She also went on to say she wanted to ensure that he would never be able to harm a child again. 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. Terry Lynn confirmed when she first confessed to the police,
Starting point is 00:50:32 she lied and blamed Michael Rafferty for the murder. She said she did it because, quote, I didn't really believe what really happened. I couldn't believe I was capable of what had happened. She also went on to say she wanted to ensure that he would never be able to harm a child again. To be continued, please see Part 3.

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