Rafferty's phone used near where Tori's body found
WARNING: This story contains disturbing details
CBC News
Posted: Apr 19, 2012 11:01 AM ET
Last Updated: Apr 19, 2012 4:06 PM ET
The remains of Victoria Stafford were found by investigators after phone records indicated Rafferty's cellphone had been used near Mount Forest, Ont., on the evening the girl disappeared. (Canadian Press)
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Jurors in London, Ont., saw the cellphone records of Michael Rafferty from the day Victoria (Tori) Stafford disappeared, which show his BlackBerry was used near the area where her remains would eventually be discovered.
David Broad, senior manager for information security and digital forensics at Bell Canada, presented data obtained from Rafferty's cellphone, which included a number of calls and texts made on the day and evening of April 8, 2009.
Rafferty, 31, has pleaded not guilty to first-degree murder, sexual assault causing bodily harm and kidnapping.
The records presented Thursday show his BlackBerry was used in Guelph in the early evening on the day Tori disappeared and that a voice call was made near Mount Forest at 7:47 p.m.
Tori disappeared after leaving her elementary school around 3:30 p.m. on April 8, 2009. Her remains were found more than three months later outside of Mount Forest.
The Crown alleges the Grade 3 student was lured to Rafferty's car by Terri-Lynne McClintic, who pleaded guilty to Tori's death two years ago. The pair then drove the eight-year-old first to Guelph and then to Mount Forest, where she was allegedly raped and killed.
Crown begins BlackBerry chapter
Broad showed the jury a map that located where Rafferty's phone had been used on April 8, 2009, beginning with a voice call in Woodstock around noon. The next round of activity occurred in Guelph beginning around 4:15 p.m. and ending shortly after 5 p.m.
McClintic testified last month that Rafferty took the battery out of his phone for a time after they left Woodstock with Tori in his car. The court has also been shown video of McClintic purchasing a hammer at a Home Depot in Guelph shortly after 5 p.m.
The next activity on the BlackBerry occurred almost three hours later, pinging off a cell tower near Mount Forest. Several more data and voice calls were recorded in Guelph and the surrounding area with the last activity recorded in Woodstock around 11:30 p.m.
Under cross-examination, Broad said the data obtained from cell towers was only good for determining where a call was started.
Mustafa Bakhtyar, an expert witness on radio frequency transmission, also testified that towers cannot be used to pinpoint the location of a person.
The Crown has now moved to its so-called BlackBerry chapter — which will focus on Rafferty's cellphone usage — after several days of testimony focused on the 31-year-old's activities prior to his arrest on May 19, 2009. At that time, McClintic, who is currently serving a life sentence, implicated Rafferty in Tori's death.
Jurors heard from more than a dozen women who dated Rafferty in the spring of 2009, including at least seven he interacted with after Tori's disappearance.
A number of those women testified that Rafferty was constantly on his BlackBerry while they were together.
McClintic told jurors last month she killed the girl after kicking and hitting her in the head with a hammer, contradicting a number of previous statements in which she said Rafferty was the one who delivered the fatal blows.
Rafferty's trial, which started on March 5, continues in London.
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