CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11

[smr]

I went back to the L&C chat,

Did they explain why the Day 26 video has not been out yet?

 

[mrjitty]

I am still sitting on the fence. I believe it is impossible to be certain of guilt until the defense has the opportunity to refute, explain or discredit the evidence presented by the Pros. I believe in "due process", there is room for doubt until such things as phone ping accuracy, QB function, vehicle identification and DNA evidence are proven BARD.

Just a note that each piece of circumstantial evidence does not need to be proven BARD

BARD is just the overall standard of proof at trial.

 

[Force Ten]

May I ask: so you know Mike McStay? And what's the relevance of this video to the case?

No, I do not know him personally. The relevance is that it was recorded not long before Merritt was arrested. It doesn't reflect someone with a severe heart condition who has "months left to live".

 

[mrjitty]

I wish they'd show this video. Too 'prejudicial'? I'd like to claim credit for originally finding this nugget, as when I did it literally had 4 views. As soon as I did I sent it to Mike Mcstay and then Ryan Smith. SHOW THE VIDEO!!

When they wrote the book on prejudicial evidence they had this video in mind!

 

[katydid23]

May I ask: so you know Mike McStay? And what's the relevance of this video to the case?

One thing I find relevant is that in 2014, the defendant was quite capable physically, of digging a deep hole in the desert. And he had been saying, after his arrest, that he was very ill and his heart was so bad that he could barely live long enough for the trial to begin.

 

[smr]

No, I do not know him personally. The relevance is that it was recorded not long before Merritt was arrested. It doesn't reflect someone with a severe heart condition who has "months left to live".

I see. How did you know it's Merritt? (It looks like him, but there is no name shown)

 

[katydid23]

I see. How did you know it's Merritt? (It looks like him, but there is no name shown)

It is Merritt. That was the gold mining company he was working for, trying to sell that contraption. And he admits that is him.

 

[smr]

It is Merritt. That was the gold mining company he was working for, trying to sell that contraption. And he admits that is him.

When and where was he asked about this by whom? Any link?

 

[Force Ten]

I see. How did you know it's Merritt? (It looks like him, but there is no name shown)

Come on, it's unmistakable that it's Merritt. Left handed to boot. I found it by searching Triple Threat Washer because he supposedly designed the unit. There are several other pictures out there to support it's him. He worked for Keene and he's wearing their shirt.

 

[mothwings]

If L&C don't get around to uploading their archival for day 27, I'll upload my screen recording of it. I was able to get it all to play without buffering. All you have to do before it reaches the end of the stream is go back to the beginning. I was able to capture all of it. But seriously, I can't believe CNN or other true crime related channels don't want to stream this. It's a huge case! There aren't even many articles from local reporters showing on Google News and every trial I've seen always has news articles after every court day.

 

[Niner]

Monday, March 5th - Update.
*Trial continues (Day 27) (@ 9:30am PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt (57/now 60) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance; plead not guilty. DP case.
12 jurors & 6 alternates were finalized on Tuesday (12/11/18). 8 women & 4 men, while the alternates include 4 men & 2 women. Trial started 1/7/19. Dark on Fridays.
Skipping Day 1 (1/7/19) thru 6 (1/15/19) – reference post #1180 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #2
Skipping Day 7 (1/16/19) thru 11 (1/24/19) – reference post #1119 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3
Skipping Day 12 (1/28/19) thru 14 (1/31/19) - reference post #217 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #5
Skipping Day 15 (2/5/19) thru 17 (2/7/19) - reference post #648 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #6
Skipping Day 18 (2/13/19) thru Day 20 (2/19/19) - reference post #6 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #8
Skipping Day 21 (2/20/19) thru Day 23 (2/25/19 - reference post #128 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #9
2/26/19 Day 24: States witness: FBI Special Agent Kevin Boles on cross exam. Det. Edward Bachman (recalled to stand). Trial continues to 2/27 will only have morning session as a juror has a prior commitment.
2/27/19 Day 25: A juror had a personal issue this morning (alternate juror #5 took his wife to the hospital with chest pains) and since court was only scheduled for the morning, the judge cancelled the trial for today. However, Judge, attorneys are in court (different courtroom) for a hearing. Hearing has started. Defense filed a motion yesterday to exclude jail conversations Merritt may have had w/family & friends while in custody. Sgt. Ryan Smith is on the stand. Hearing happened without jury present. San Bernardino County has been recording jailhouse visits from earlier this month with Merrit's family/friends using a digital recorder. Merritt had stopped using the jail phone that's monitored. Merritt had been talking through the glass at visits, avoiding the phone. Cathy Jarvis - Merritt's girlfriend at the time of the murders - her name was specifically mentioned by Sgt. Ryan Smith as to Ryan placing recording devices in visiting area. Prosecutor Daugherty: We have evidence Charles Merritt attempted to sway Catherine Jarvis's upcoming testimony. Judge denies defense motion to exclude the recordings. They WILL be played for the jury at some point. Catherine Jarvis will testify for the defense. Trial continues to 2/28.
2/28/18 Day 26: State witnesses: Sgt. Ryan Smith. Det. Jason Schroeder recalled to stand. Prosecution asking to publish a portion of CNN interview on YouTube with Merritt. Judge is going to allow it. Prosecution disclosed a new witness late last night. Eugene Liscio @Forensics3D . FARO scan testimony. Imes: he's not available until March 12. Judge may consider allowing state to rest &reopen with him later. No ruling on if this testimony will be allowed. Det. Edward Bachman (recalled). Prosecutors playing 15-20 mins of Merritt's Oct, 22, 2014, police interview that was hours long. Juanita Merritt, Chase's sister. Sgt. Ryan Smith (recalled). Prosecution expect to rest by end of next week. Trial continues to Monday, 3/4.
Also hearing on 3/8 @ 9am re OSC: Failure to comply to subpoena order (Google & Microsoft).
3/4/19 Day 27: Defense arguing against a clip from CNN to be played in court. Which is "I am definitely the last person he saw"). Judge overrules, it will be played. And about photos of video surveillance allegedly showing Merritt's truck are among the issues currently being argued. State witness: Sgt. Ryan Smith (recalled). DA shows CNN clip. DA rests case. Defense asked for dismissal of all charges. Denied. There is a hearing 3/8 re OSC: Failure to comply to subpoena order (Google & Microsoft) without jurors. Jurors will be back in court on Tuesday, 3/12 to hear last State witness re FARO scan testimony by Eugene Liscio.

 

[asyousay]

I see. How did you know it's Merritt? (It looks like him, but there is no name shown)

So does Merritt have a twin or a doppelganger that just happens to be in the same field of work as Chase?

Maybe this mystical person is framing Chase but then you still would have the issue of it was Chase cashing forged cheques not his look alike.

 

[Tortoise]

So we have two new uploads on youtube. Thursday Parts 1 & 2 but note Part 1 also includes the second part of Wednesday after noon recess.

 

[itsbrookie]

So I'm about halfway through Juanita's testimony and it has been.. Interesting lol.

She clearly still adores her brother, when she pointed him out to the court she had to remark on his 'handsomeness' . She also really wants it to be very, very clear that she has had many surgeries (which is horrible, obviously, I don't want to seem as though I don't feel for her for having been through them). It was quite frustrating when she was asked whether reading the transcript of a conversation she had with a detective would jog her memory and she said 'no' lol the lawyer simply wanted her to recall the things she said, not to actually recall the events themselves.

Also, I did get a good giggle from everyone laughing at the comment about Smith being the 'young' detective

On a separate note, did anyone notice Chase trying to hold in his anger when he looked at the phone records during his interrogation? The way he flicked the papers after reading them. He didn't seem too happy to find out that the detective wasn't lying about his phone pinging at the grave sites and it was chilling to hear him say that the first time he went out to that area was 'a few weeks after', and the cop had to clarify whether or not he meant after the disappearance or after the bodies were found. could he have gone back a few times to check that nothing was visible? Or to move things from the possible third grave?

All JMO

 

[missy1974]

Of course I have to go to work, so I can't watch all of these!!! grrrrr But I am listening to Juanita's testimony again...

Did I hear her right, did she say that "Joe drove me to Coco's?" (on direct)

I listened to the direct... she was not asked about the 6th, not that I would expect her to remember or not LOL

Oh the defense questioning is over now... was shorter than I remembered, but mostly about Bennett.

 

[Niner]

Sorry - I just noticed I put the heading as
Monday, March 5th - obviously it should be:

Monday, March 4th

 

[oceanblueeyes]

No, I do not know him personally. The relevance is that it was recorded not long before Merritt was arrested. It doesn't reflect someone with a severe heart condition who has "months left to live".

If CM testifies about how broken down he is, this would be a great impeachment video to show the jury during cross examination by asking CM to explain this footage to the jury.

If not, maybe the judge will let the state enter it during rebuttal after CM gives his sob story disguised as testimony. Lol

Imo

 

[LadyL]

I went back to the L&C chat, earlier today it sounded like we might lose the feed again... which it does sound like it might be a possibility... as much as the feed is annoying sometimes, I would rather have it than not have nothing at all LOL

Anyway... I saw some of cathy's comments in chat, and thought I would copy them...


cathyrusson: Kavanaugh is on defense witness list
cathyrusson: so is Susan Blake

cathyrusson: I guess I shouldn't say 'witness list" there is no public list, but I do know the defense plans to call both of them

cathyrusson: McStay - I heard that Patrick McStay was going to be called by defense, same with Susan Blake and Dan Kavanaugh. Now....what will actually end up happening, who knows?

cathyrusson: McStay - We don't know for sure if there's solid proof Kavanaugh was in Hawaii. Hasn't been offered yet

cathyrusson: McStay - I can always get the audio if needed and I'm not saying we're pulling the camera out, but we will make decisions based on upcoming trials. I just need this judge to keep this thing going. Sigh

cathyrusson: I still don't believe the murders happened in the house

cathyrusson: In fairness they said they weren't ready with witness tomorrow or Wed, but possibly could on Thurs. The judge decided to go ahead and take it all off until state's last witness next Tues.

cathyrusson: The state said last week that they planned on resting by end of week....so Monday isn't really end of week. lol

cathyrusson: Actually, I think you're right about state saying they could rest today. Now I remember the judge telling the jury there could be time off in between. Maybe he had told the defense he would give them a day or two? I have no idea. Who can keep anything straight in this trial?

cathyrusson: McStay - So Dr. Rudin never testified in front of the jury. Turns out he was sort of all over the place. He also never wrote reports and also deleted some stuff. The state's last witness, next week is Eugene Liscio. He's based out of Canada. He is a forensic visualization specialist.


I thought the one about Dr. Rudin was interesting... still don't know if it was the judges ruling or the State making the decision that it was not a good idea...

Dan, Susan, and Patrick ... hostile witnesses?

 

[Bernina]

Please speak for yourself. Although you can't tell it, I am one of those who followed from early on, and your claim I bold faced above does not apply to me.

Also, there is no correlation between the length of membership here and the ability to make valid arguments.

I think you're taking that tad bit personal and totally out of context. It was a generalization and didn't apply to anyone specifically.

To quote myself:

"For the many of us who have been here from the start, whether lurking or posting, there's not much, if any, doubt that the right individual was arrested and charged. CM is the only rational conclusion."

 

[oceanblueeyes]

Dan, Susan, and Patrick ... hostile witnesses?

That is a horrible decision by the DT if they choose this route.

Imo, it's never a wise move to treat any family members of the murdered victims with any hostility whatsoever.

Imo, the jurors will be incensed by this behavior if they do so to any of them.

Beating up on family members who have already endured such unimaginable pain, trauma, and suffering already is never a wise move. Imo.

BUT, with these particular attorneys anything is possible.

They seem to have no ethical boundaries in how low they are willing to go. Imo

If they do, it will be another opportunity for the state to bring out how badly CM treated the mom of the man he had murdered in cold blood.

Imo