Chase Merritt Charged W/Murder of Joseph, Summer, Gianni and Joe Jr McStay #4

[geevee]

The judge needs to slap McGee and tell him to stop bleating.

He really should try representing his client rather than stroking his own ego

Yes, this is getting to the point of being unseemly...'Don't look side eyes at my client, it reflects badly on me!'. Sheesh, just can it, McGee.

 

[missy1974]

He knows he facing life behind bars forever. Life is better than DP. He has to be calling the shots here like the idiot he is. He's done finished caput. He best come up with a new strategie.

BBM.... but is it? I've been busy the last few days so haven't had much time to read or research but it seems to me that if he gets the death penalty, everything is automatic, and I'm guessing the State pays for those first few appeals and his lawyers? If he gets life, does he still get that? It also appears that in California, it takes forever, I doubt that it's any quicker when the sentence is life opposed to the death penalty, so really.... what is the difference, other than the death penalty seems to be automatic and probably paid for? It's unfortunate that the process isn't quicker for all involved, especially the families, it will not be over for a long time....

From the link that @Meemaw12 shared about Westerfield...

Danielle’s mother, Brenda van Dam, strongly criticized the slow-motion appeals process for her daughter’s killer.

“We believe that the appeals are frivolous and without merit, and are unnecessarily dragging this case out,” van Damn said in a statement to NBC 7. “There was a full and complete legal defense presented by his qualified attorneys at trial, which put our family and all of San Diego through the ringer. It's time for the jury's verdict to be honored and justice given to Danielle.”

 

[oceanblueeyes]

The judge needs to slap McGee and tell him to stop bleating.

He really should try representing his client rather than stroking his own ego

It's impossible for any narcissist to do that as you know from your own bad experience, MrJitty.

Like I have previously said both the two defense attorneys, and CM are three full blown narcissists feeding off of each other.

From moment one it was all about M&M, and never about ethical conduct they both should have displayed throughout.

These kind of unethical lawyers will do every underhanded trick they can think of to get a win in their column. Anything.... as we have seen them do in this case.

Imo

 

[missingm]

I was wondering this also. I came across this site when looking for something else..... so it looks like Judge Smith will review it first and I highly doubt he would overturn it lol But then there is an automatic State Appeal, I bolded the one part, because it says the same lawyer who represented the defendant in the trial will represent in that appeal? I thought he would have to get a different attorney, but maybe not? I also included the part about the 7 months because even if that is the law or the rules, it appears that doesn't actually happen in California lol But there does seem to be automatic appeals when the death penalty is imposed.

Capital punishment (the "death penalty") in California

4.1. Application to overturn the verdict

Whenever a jury decides to impose capital punishment, the defendant is automatically treated as having filed an application to overturn the jury's decision-also known in California law as a motion for a new trial. The defendant and his/her lawyer don't need to actually file anything for this to occur.
In a death penalty case, an application for a new trial will lead to the judge in the case reviewing all the evidence.

4.2. Automatic state appeal

All death penalty sentences in California are also automatically appealed to the California Supreme Court. This means that the appeal of the California criminal conviction will happen even if the defendant and his/her lawyer take no action. The same lawyer who represented the defendant in the original capital punishment trial will represent him/her in the appeal.

So that defendants sentenced to capital punishment will not wait around on death row for too long, attorneys and courts are required to move relatively quickly on death penalty appeals. The defendant's attorney has to file a brief with the California Supreme Court within seven (7) months after the record from the trial is finalized. The court then needs to decide on the appeal within another seven (7) months after it receives all briefs.

4.3. Habeas corpus petitions

There is still another path a defendant can take to avoid the death penalty in California: the habeas corpus petition (also known as a "petition for writ of habeas corpus").

I also wonder if Death Row accommodations are better than general population.

 

[Cricket28]

I am watching Susan Blake's testimony from yesterday! So friggin sad!
I have been crying the whole time!

MOO

 

[oceanblueeyes]

BBM.... but is it? I've been busy the last few days so haven't had much time to read or research but it seems to me that if he gets the death penalty, everything is automatic, and I'm guessing the State pays for those first few appeals and his lawyers? If he gets life, does he still get that? It also appears that in California, it takes forever, I doubt that it's any quicker when the sentence is life opposed to the death penalty, so really.... what is the difference, other than the death penalty seems to be automatic and probably paid for? It's unfortunate that the process isn't quicker for all involved, especially the families, it will not be over for a long time....

From the link that @Meemaw12 shared about Westerfield...

Danielle’s mother, Brenda van Dam, strongly criticized the slow-motion appeals process for her daughter’s killer.

“We believe that the appeals are frivolous and without merit, and are unnecessarily dragging this case out,” van Damn said in a statement to NBC 7. “There was a full and complete legal defense presented by his qualified attorneys at trial, which put our family and all of San Diego through the ringer. It's time for the jury's verdict to be honored and justice given to Danielle.”

Even those who are sentenced to LWOP get one automatic appeal paid by the taxpayer's carrying the full burdern.

However for that automatical appeal to windup before the courts can take many years or over a decade to even come to pass.

I agree with Danielle's mother, the CA appeal process takes far longer than necessary.

It was said last year they were going to find ways to speed up the appeal process. It's well known that the CA appeal time is ridiculous. Most should have been executed decades ago. Many have lived much longer than the victims they murdered in cold blood. That's just shameful, and how over 700 juries have recommended death, and have yet to see them fulfilled. That is also a slap in the face to every jury who was there during the entire trial from beginning to end. All who knew each convicted defendant deserved death based on each individual case.

Imo, in the end none of this will matter to this jury or what the government may or may not do afterwards.

That is totally irrelevant to them. They are there only to recommend the deserved sentence for CM.

Imo, they are going to sentence CM to death because it is the only correct, and just sentence... based on his demonic evil extreme homicidal violent murders he did to 4 totally innocent victims including two little boys.

Jmoo

 

[wary]

McStay Family Murder Penalty Phase Defense Objection

At the very end of the above video Prosecution asked for stipulation of defendant's age. That it might eliminate one witness. What was that about?

Re: asking for a stipulation of the defendant’s age.

Perhaps so the prosecution can legally make the rather obvious point that he committed the murders at a time of life when what he is, is pretty well set.

In other words, I’ve seen age mentioned as a possible mitigating factor—and I assumed they meant ‘youth.’ The death penalty doesn’t even apply to people under a certain age, so if the defendant were marginally older than that, his lawyers could claim that it’s not right to execute him.

All this just my speculation

 

[Lilibet]

At this point Merritt needs to confess to his deeds and throw himself to the mercy of the court. It could be his chance to talk his way out. He has the gift of gab right? He has a better chance of persuading a juror or two if he can blabber and claim whatever, insane?

This stonewall that he and his team erected has no chance.

But confessing would ruin the documentary, don’t ya know! It’s all about poor Chase being railroaded. He has to stick to the script so his attorneys become famous. But it would be great to see him pull the rug out from under them and confess as payback for not getting him off!

 

[Karinna]

I am watching Susan Blake's testimony from yesterday! So friggin sad!
I have been crying the whole time!

MOO

Yes it is just heartbreaking, and shed some tears myself when i watched her recollections of her beloved family. The photos on the screen were just lovely and loved the one of Joey on his surfboard and the video of Summer on the bike.
It was also awesome the vision she had of her beloved son, like he came back to reassure her. I think she said that happened just before the discovery of her family in the desert. SB seems like a lovely lady and my prayers go to all of them affected by such awful loss in their lives. It's just devastating.

 

[MissJames]

I am watching Susan Blake's testimony from yesterday! So friggin sad!
I have been crying the whole time!

MOO

I can’t get through it . I skipped ahead to Michael McStay’s & that was harder , can’t get past 3 minutes.

After losing my 15 yr old , there is a hole I have to avoid going down . I’m always afraid I won’t get back up ,so I just can’t right now.

I WILL watch it all . The family deserves it and the victims deserve it , but I’ll have to do it in baby steps & when my emotions aren’t running high.
I’m just so relieved charles merritt ( all lower case ) was found GUILTY !

 

[B2k1977]

I came across this video on a different site this morning. At the 2:22ish mark.

Is she really saying "he didn't mean it"?

Verdict Reached for Man Suspected of Burying Family of 4 in Calif. Desert

I watched the video. Wow. I get the feeling his family is just as grimy as he is. They all gave me maximum cringe. As far as his sister saying he didn't mean it? That's what I heard and in my book that tells me he did it, and she and the rest of the family knows damn well he did it. He should absolutely get death.

 

[gitana1]

IMO Merritt got a fair trial. I think JS tried to make sure there would be no issues in any appeals, but that's just my amateur take on it all.

Agreed. But that doesn't relate to my post. The judge can't control whether the defendant attorneys are effective.

And I think they were effective. But it popped in my head that they might be trying to do something now to give him something for an appeal. Most criminal defense attorneys will do anything to avoid a death sentence for heir clients, including falling on the sword.

 

[gitana1]

YES. Maybe that is why the DA jumped in and asked McGEe if he had on file, all of the Defense Team and the defendant, signing on that they agreed with the strategy of not putting on mitigation witnesses. McGee answered that he did have all of them signed and on file already. And then the Judge said he was going to meet with the DT and the defendant about that decision too.

So it looks like the DA and the judge are trying to avoid an appealable issue on that decision right there.

Sounds like.

 

[gitana1]

They have their capital case, court certified, expert seated in court so if that's their plan I don't see it working. The lady seated next to McGee.

https://www.linkedin.com/in/suzanne-serdahely-8ab425b


From the guilt phase opening speeches about their team -

We also brought in a Suzanne Serdahely who is seated with Mr Merritt. She’s 27 years as a private investigator involved in at least 24 death penalty cases in a serious matter, she had minor interactions with other ones but that’s what she does.

She's a PI. So unless the decision to not call mitigating witnesses is based on her investigations, (which it could be), it might not be relevant to an ineffective assistance of counsel claim.

 

[Tortoise]

She's a PI. So unless the decision to not call mitigating witnesses is based on her investigations, (which it could be), it might not be relevant to an ineffective assistance of counsel claim.

Yes she's also their mitigation specialist.

JD Crighton on Twitter

 

[in search of]

I followed this case up until a few weeks after CM was charged, but somehow missed the trial. Can someone tell me why the trial took 5 months?

 

[katydid23]

I followed this case up until a few weeks after CM was charged, but somehow missed the trial. Can someone tell me why the trial took 5 months?

Inefficiency, ineptness, lacsidaisacal judge, poor scheduling, complacency, laziness....

 

[Mountain Misst]

No matter what the sentence, IMO - CM will appeal. That's the nature of the beast.

I'm holding for a transfer to San Quentin and the psychological torment of isolation, others I've talked to want him in the general population so he cops a bashing as a child killer.

 

[NMurphy02]

I thought CM said he had a bad heart and probably wouldn't even make through trial..I guess he lied about that too?

 

[MrsPC]

IMHO, after the verdict was read, Merritt could be seen speaking to one of his attorneys and I believe he was saying "I don't want..." so I think it was Merritt's demand that his family not be called to mitigate on his behalf.

I found an interesting article (albeit from a VA case) explaining how crucial it is to present mitigating evidence despite a defendant not wanting to.