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

[Tortoise]

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...

sbm

It wasn't a ruling.

Mr Imes (to Mr McGee): "I told you Dr Rudin wasn't testifying"

Starts at 22.39:

 

[oceanblueeyes]

Force Ten, can you imagine what the jury would be thinking if they saw the footage of CM digging a hole in the desert?

Omg! I think it would send chills up their spine. Not only does it show he was perfectly capable of murdering all four, but it would also show the jury how he can dig holes in the desert, and the desert is his comfort zone so it makes sense that's where he chose to bury them.

Did you say you forwarded this footage to LE or the prosecutors? Tia

Imo

 

[oceanblueeyes]

sbm

It wasn't a ruling.

Mr Imes (to Mr McGee): "I told you Dr Rudin wasn't testifying"

Starts at 22.39:

Morning. Tortoise!

Thank you, like always. You do so much to help all of us in this case.

Do you know how much of the CNNs interview was played for the jury?

Also, did you get to listen to the judge when he listed the facts why this case would not be dismissed?

I know you sometimes transcribe some of the testimony for those of us who aren't able to watch as it comes in.

I sure would like to know exactly what the judge said. Lol!

Of course I knew already he wasn't going to ever dismiss this case chocked full of damaging CE, against CM but I would be interested in what the judge put on the record.

I'm sure CM is very glad in a death penalty trial it has to before a jury of twelve, instead of a bench trial by a presiding judge.

I think CM knows he would be a goner if this was a bench trial. Lol!

Jmo

 

[pinkie60]

I can't understand how he didn't think LE wouldn't go over JM's books and catch his theft If not for the money angle not much other evidence I can't see how they were killed in the home. I would think it would be impossible to clean it up yet LE says they were and have their reasons

 

[fridaybaker]

If Chase murdered the family, why did he alert Joey's brother and insist that he go and check on the family before anyone else raises the alarm? Even the brother wasn't the least concerned and said they may be taking a vacation.

Who knows? Why do many perps report? Many are the first to do so.

I believe it was Mrjitty here who talked a bit about the phenomenon of perps "inserting themselves into cases" in order to manipulate/control the narrative. I think that's likely what happened here, and I think it worked quite well, mostly.

 

[fridaybaker]

Love it right now...the Judge laying out all the reasons why he isn't going to dismiss the case against Merritt.. Step by step going thru all the evidence against him...priceless!

I'm assuming the jury isn't hearing this?

 

[smr]

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.

Hi there, it was a sincere question out of genuine curiosity, ok? I thank that poster for answering to satisfy my curiosity.

 

[fridaybaker]

Yeah this is the part that it becomes clear that the defense is all mouth and no trousers as we say over this side of the Atlantic.

If the prosecution evidence was so shaky they wouldn't be calling hearings every 5 minutes pleading for it to be not allowed, instead of relishing the opportunity to bring it down in front of the jury. Attorneys love being able to show they've got strong arguments to show the other side are the baddies and change the jurors' minds, instead of trying to have it all hidden.

This was a fine example today when they didn't want CNN played because it was too prejudicial but also claimed it was irrelevant. As Judge Smith said, it can't be both and the case against a defendant is by its very nature prejudicial against him so that's not an argument. Merritt's own words and he wanted them hidden, not because of editing or trickery. He was asked a question and he responded to it.

JMO

BBM: "All hat and no cattle" in the great state of Texas! Equally charming, both.

 

[Tortoise]

Morning. Tortoise!

Thank you, like always. You do so much to help all of us in this case.

Do you know how much of the CNNs interview was played for the jury?

Also, did you get to listen to the judge when he listed the facts why this case would not be dismissed?

I know you sometimes transcribe some of the testimony for those of us who aren't able to watch as it comes in.

I sure would like to know exactly what the judge said. Lol!

Of course I knew already he wasn't going to ever dismiss this case chocked full of damaging CE, against CM but I would be interested in what the judge put on the record.

I'm sure CM is very glad in a death penalty trial it has to before a jury of twelve, instead of a bench trial by a presiding judge.

I think CM knows he would be a goner if this was a bench trial. Lol!

Jmo

Morning ocean!

It was a very short clip, probably less than a minute, in which he was asked about being questioned by police in the disappearance and then said at the end "I'm definitely the last person he saw".

I couldn't hear the judge because of the live feed buffering every 5 seconds, hopefully that will be better when it's uploaded, but it was a very long and detailed answer to the motion to dismiss.

I may be mistaken but I think before it started McGee was asked if he would be filing a motion to dismiss and his answer was wtte 'I think it would be ineffective assistance of counsel if I don't' and there was a lot of laughter in the courtroom from both sides around that. So my take on that was he knew he was going through the motions - no pun intended! - and there were certainly no surprises with the judge's denial. Merritt didn't look happy in the very choppy bits I saw.

JMO

 

[fridaybaker]

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".

And the digging!..... Priceless.

 

[mothwings]

Whoa! I did not know Merritt was circumventing during visiting hours and this recording about the identity change was recorded AFTER TRIAL STARTED! In February! Jeez, this guy is still trying to cover his tracks.

 

[Tortoise]

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)

51.18 in the video

She says Jim.

IMO.

 

[oceanblueeyes]

Morning ocean!

It was a very short clip, probably less than a minute, in which he was asked about being questioned by police in the disappearance and then said at the end "I'm definitely the last person he saw".

I couldn't hear the judge because of the live feed buffering every 5 seconds, hopefully that will be better when it's uploaded, but it was a very long and detailed answer to the motion to dismiss.

I may be mistaken btut I think before it started McGee was asked if he would be filing a motion to dismiss and his answer was wtte 'I think it would be ineffective assistance of counsel if I don't' and there was a lot of laughter in the courtroom from both sides around that. So my take on that was he knew he was going through the motions - no pun intended! - and there were certainly no surprises with the judge's denial. Merritt didn't look happy in the very choppy bits I saw.

JMO

Thank you.

I'm extremely disappointed the jury was prevented from hearing all of it, especially when he disparaged Summer, even accusing her of poisoning Joey, and how it showed he disliked their two boys.

It's a shame his very own hurtful demeaning words won't be known to his jury.

In the Scott Peterson case his jury was shown all of his fake tears interview, including the outtakes iirc.

Perhaps if this monster does testify, and tries to pretend he liked them all, it will open the door for the state to play those excerpts of this interview.

I hate it when things are withheld from the jury, but I guess it may have been too prejudicial. Gah.

Maybe that is the only thing the state wanted them to hear at this point, and will bring it up again after the defense rests.

Imo

 

[SuziQ]

I've been mostly lurking. Help me recall the context in which Chase says something to the effect of he saw or was in Joey's home office the afternoon of the murders. Then catches himself to say it was by phone. In closing, I hope that the prosecution ties that together with the interview where he says he was the last person to see Joey.

I want to say thanks to everyone following and posting about this fragmented trial. I have had several freak accidents since September, and I just can't keep up here.

 

[oceanblueeyes]

Whoa! I did not know Merritt was circumventing during visiting hours and this recording about the identity change was recorded AFTER TRIAL STARTED! In February! Jeez, this guy is still trying to cover his tracks.

WOW!

Was he planning on trying to escape I wonder????

 

[Force Ten]

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

I went back through 4 years of emails and it turns out I did not send it. So now it is sent. I did make a suggestion of how it could be used but they know what they're doing.

I'm not sure if the defense will even bring up his health issues. It seems to be a losing argument at this point. I just hope Merritt doesn't drop dead before justice is rendered.

 

[oceanblueeyes]

And the digging!..... Priceless.

Yes, digging a hole in the desert of all places.

Was the place he was seen digging a hole in the desert in the general area where the graves were found?

Didn't some guy he went gold digging with get spooked by CM? Tia

 

[oceanblueeyes]

I went back through 4 years of emails and it turns out I did not send it. So now it is sent. I did make a suggestion of how it could be used but they know what they're doing.

I'm not sure if the defense will even bring up his health issues. It seems to be a losing argument at this point. I just hope Merritt doesn't drop dead before justice is rendered.

Oh thank you so much for sending it. It's never too late to do the right thing. Kudos to you, Force Ten!

They may already have it, but its better to send it to make sure, rather than not send it.

Imo

 

[Tortoise]

I've been mostly lurking. Help me recall the context in which Chase says something to the effect of he saw or was in Joey's home office the afternoon of the murders. Then catches himself to say it was by phone. In closing, I hope that the prosecution ties that together with the interview where he says he was the last person to see Joey.

I want to say thanks to everyone following and posting about this fragmented trial. I have had several freak accidents since September, and I just can't keep up here.

7.56 in video - Merritt's interview with detectives Feb 17th 2010.

"He had the drawings at home, so when he got there he called me and we went over that fairly quickly, but he was sitting, I know that he was sitting at his desk at home and I could hear the kids in the background, just like always, they were always screaming."

Note - he is talking about the 2 minute 37 second call from Joey at 5.47 pm.

 

[fridaybaker]

I can't understand how he didn't think LE wouldn't go over JM's books and catch his theft If not for the money angle not much other evidence I can't see how they were killed in the home. I would think it would be impossible to clean it up yet LE says they were and have their reasons

Lot's of time for cleanup. Not only that, but no one thought it was a crime scene, so family cleaned up as well:

1. Perp cleans up
2. Family cleans up
3. Family moves in and does some remodel themselves. Presumably, they do some cleaning as well.