Tuesday, May 15, 2012

Rafferty #2: The Sentence

Victoria (Tori) Stafford’s family and friends can finally begin to move on with their lives, to some degree, after today’s sentencing of Michael Rafferty, 31. Late last week he was convicted by a jury of kidnapping, first-degree murder, and sexual assault causing bodily harm in the 8-year-old girl’s death on April 8, 2009. Rafferty chose to not testify at his trial. His partner in crime, Terri-Lynne McClintic, 21, previously pleaded guilty to first-degree murder and is already serving a life term with no chance of parole for 25 years. Today was Rafferty’s turn.
The Sentence
Rafferty was sentenced to life in prison for first-degree murder, with little or no chance of parole “until at least 25 years have elapsed since his arrest" (Globe and Mail, May 15, 2012). He was also sentenced to two 10-year terms, agreed to by the Crown and Defence, for the sexual assault and the abduction, to run concurrently with the life term--meaning those 10-year terms are rolled into the 25 year term, not in addition to it. 
In addition, Rafferty is also banned for life from having firearms, was placed on the sex-offender registry, and must provide DNA samples. He will be able to apply for parole after serving 15 years, under the so-called “faint hope” clause of the Criminal Code. The federal government actually killed that clause last year, "but because Tori’s murder predated the change, the old rules apply. Few such applications succeed, however, and in this instance the chances of Mr. Rafferty walking the street then – if ever – appear remote” (Globe and Mail, May 15, 2012).
Powerful Victim Impact Statements
Before Rafferty was sentenced, several of Victoria's survivors--her parents, grandparents, Grade 3 teacher and others--read their predictably poignant victim impact statements in court; detailing their ongoing heartbreak and loss. The statement from Tori’s older brother Daryn, now 14, was read to the court on his behalf by a Crown Prosecutor.
Daryn spoke of his closeness and love for his little sister--his best friend; and his guilt for not being with her and protecting her when she was kidnapped in broad daylight outside her school by McClintic. Daryn said he said he and Tori had a typical brother-sister argument just minutes before she was abducted; he didn't know he would never see her again.
Rafferty Apologized but Denied Guilt 
At sentencing, paradoxically, Rafferty apologized to Victoria's family but maintained he is not guilty. “I am a very definite part of why Victoria is not here today.” Apparently he did not appreciate how this latter statement contradicts his claim that he is not guilty. 
Rafferty proclaimed at sentencing that while “I am guilty of many things, and for that I am ashamed,” he stands behind his not-guilty plea. He also said he would like to speak to Tori’s mother, Tara McDonald “privately” to tell her something she does not know (Globe and Mail, May 15, 2012). 
McDonald, though, reportedly has said she has no interest in speaking privately with Rafferty.
“I still disagree with the conviction on these three charges...” said Rafferty. “I am truly sorry to all the family...not that has any bearing coming from my mouth.” In addressing Tara McDonald, he said, “Nobody has all the pieces of the puzzle and I am willing to give them” (Toronto Star, May 15, 2012). Interestingly, Rafferty again seemed to not realize that his apology, above, appears to negate his claim that he is not guilty of the crimes against Victoria Stafford. 
Why Just Victoria's Mother?
If Rafferty really wanted to do an iota of good before starting his life term, why did he offer to give the so-called missing pieces of the puzzle only to Victoria Stafford's mother, Tara McDonald? Why did he want to speak privately only with her, and not with Victoria's mother and father together; or even with Tori's entire family? The answer to these two questions might be in the trial evidence about Rafferty's attraction to certain kinds of women. 
Broken Women
Rafferty's history with women, on display during his trial, indicates his attraction to 'broken women,' and his apparent need to control and dominate females he perceived as emotionally and intellectually weaker, and less-capable than he is; or was. This suggests cowardice, and a fear of being with women who were smarter, emotionally stronger, and more-confident and more-accomplished than he was. He must have known he'd be less-able to con and control women with those positive characteristics. So he avoided them.
Rafferty seemed to have a need for women he perceived as having personal problems, such as loneliness, low self-esteem and drug use; like himself. Some testimony during his trial indicated he often seemed alone and desperate to have the women he contacted online reply to his initial contact with him. When the women responded favorably, Rafferty would make his move. He seemed to perceive himself as their savior; believing and convincing them he was the one who could brighten up their lonely lives. 
Narcissism? Need for Control?
Was Rafferty demonstrating his own low self-esteem by trying to build those women up to make himself feel worthwhile and important? Was he demonstrating his narcissism and need to control others? Regardless, he rightly believed many of those women would fall for his flattery and shy little boy routine. Instinctively, Rafferty must have sensed they would believe he had done something wonderful for them--even he had just paid attention to them. 
Then the women would be indebted to Rafferty, and probably do anything he asked; hence, he was in control. Such was the case with one young woman Rafferty first met online and who eventually agreed with his suggestion that she should become an 'escort' and give all of her earnings to him; in other words, she agreed to be his hooker and to let him be her pimp. Ultimately she gave him about $16,000 over several months, which he apparently used, in part, to spend on other women while the 'escort' was convinced she and Rafferty were in an 'exclusive' relationship; that she was his only girlfriend.
A Perfect Storm
But nobody seemed to exemplify this kind of desperation for attention as much as Terri-Lynne McClintic, Rafferty's co-convicted killer. His need for control and power, and her need or desperation for attention and love came together at the right time for both; but, sadly, with tragic consequences for little Victoria Stafford and her family. 
McClintic's own personal history is wretched by any standards: childhood drug use alone and with her mother, violence, little formal education, and jail; culminating in abducting a little girl, who happened to be Victoria, at Rafferty's suggestion, she claimed; and either killing or helping to kill Victoria. As McClintic said after Victoria's murder, Rafferty once told her, mockingly she thought, 'You'll do anything for a little bit of love, won't you?'
McDonald the Final Victim?
Considering the kind of women to whom Rafferty generally was attracted, when he offered at sentencing to meet privately with Tara McDonald and give her 'all the answers,' he might have perceived her as his final victim; another 'broken woman' because of the trauma he inflicted on her by raping and killing her little girl; and because she had some well-known personal issues, such as her drug addiction--which had been public knowledge since the search for her daughter began. 
McDonald had even bought drugs from Terri-Lynne McClintic's mother on at least one occasion before McClintic abducted Victoria on April 8, 2009. Rafferty would have known of all of this; either because McClintic told him, or because he apparently followed news coverage of Victoria's disappearance, which initially included speculation about McDonald's character as a drug addict, before he and McClintic were arrested. 
One Last Con? 
So, in offering to meet with McDonald privately, with none of her strong support system present, perhaps Rafferty perceived her as one last easy mark he could charm and manipulate, because of her perceived vulnerability and weakness. Maybe he hoped he could score one last con before heading off to prison; maybe to garner her support or affection or sympathy, or understanding, in one way or another; as sick as that seems, considering he kidnapped, raped, and killed her 8-year-old daughter.  
Stranger things have happened. Perhaps Rafferty would have used the private meeting to mock McDonald, as McClintic felt he mocked her after she kidnapped a small girl who turned out to be Victoria Stafford, supposedly at his urging. Any of these potential scenarios seems possible. Rafferty has amply demonstrated he will do anything to satisfy his own needs. And if he did think he could trick Tara McDonald into something, or elicit her sympathy by meeting with her privately, this would seem in line with his character where women are concerned, as his trial showed only too well.  
Judge Not Swayed by Rafferty's Denial 
The trial judge, Mr. Justice Thomas Heeney, who has been widely-praised for doing everything possible to ensure Rafferty got a fair trial, didn’t buy his denial of guilt in the little girl’s kidnapping, rape, and murder.
“You sir are a monster,” he told the sniffling 31-year-old killer. "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 such an act of pure evil (http://www.theglobeandmail.com/news/national/you-sir-are-a-monster-judge-tells-rafferty-at-sentencing/article2433161/).
If Rafferty lives out his full sentence, if he doesn't die by his own hand or someone else's first, he will be nearly 60 years old when he has even a faint chance of being released.
 

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