TORONTO — The man convicted of killing eight-year-old Victoria Stafford seven years ago will ask Ontario’s top court for a new trial Monday, trying to pin the blame on his accomplice. “While the Crown had some evidence against Mr. Rafferty, the worst aspects of the case depend almost entirely on McClintic’s evidence,” Calarco writes. “In the context of this trial it was impossible for the jury to not have been aware of McClintic’s credibility problems. His actions proven by evidence other than McClintic’s testimony, such as cleaning the scene, destroying evidence and giving a false alibi, are “equally consistent with being an accessory,” Calarco writes. The Crown at trial argued it didn’t matter whether McClintic or Rafferty physically killed Tori — he was guilty because they acted together.

Source: National Post October 23, 2016 15:45 UTC