The jury is walking back into the courtroom and McClintic is in the witness box.
Justice Thomas Heeney is providing further instruction to the jury on the use of inconsistent statements. He says he has made a ruling that the jury will be able to use the video statement from May 24, 2009 as evidence to determine the facts of the present trial. The jury will watch the beginning of the video and later another section.
Heeney says the jury can accept all, some or none of McClintic's video statement, just as they can with her previous testimony. However, Heeney notes that it is not sworn testimony but is an interview with police.
In the video, Det.-Sgt. Jim Smyth reminds McClintic that her statement is being recorded and that she is not required to say anything. McClintic has consented to assist investigators in locating Tori.
The video has now moved forward in time. McClintic is visibly upset and Det.-Sgt. Smyth has moved closer to her. McClintic is holding a tissue and breathing deeply. She pauses often before speaking to the officer.
McClintic says she saw Tori on the ground in the fetal position. The eight-year-old was still moving.
Rafferty appears passive as he watches the video, squinting as he leans back in the prisoner's box.
In the video, McClintic says Rafferty hit Tori with a hammer. The two then placed the body on the edge of the rock pile. Smyth uses a tissue box so McClintic can identify where the body was moved to.
Det.-Sgt. Jim Smyth leaves McClintic in the room. She puts her head down on the desk. Smyth returns and McClintic lights up a cigarette and begins smoking as the officer resumes asking her questions. The audio is nearly impossible to understand, however, so there is little I can report.
In another letter from January 2008, McClintic says she would like to murder a "kid" outside of the detention facility, where staff could not stop her attacks. "I'll take out that whole kid's family," she writes. However, she tells Derstine that she didn't intend to carry out such crimes saying she was younger then.
"I don’t know if it would have played out or if it was just something I had thought about," McClintic testifies about the letter.
Court is now on lunch at will be returning at 2:20 p.m.
The jury is back in the room. Derstine is presenting more letters written by McClintic.
Derstine asks McClintic whether there is a theme in her letters, in which she says she will do terrible things to people who do her wrong and terrible things to their family members. McClintic agrees.
Derstine also asks whether there is a theme in which McClintic consistently says she is ready to do actual violence and that it is more than mere talk. McClintic also agrees.
