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

[Tortoise]

If a mistrial for the penalty phase is declared, is a 2nd trial mandatory or is it up to the prosecution?

I have just seen the jury has reached a verdict, but since you asked I didn't want you to think I ignored your question. A second penalty trial would have been mandatory.

I'll copy over the relevant law from an earlier post - Penal Code 190.4

If the trier of fact is a jury and has been unable to reach a unanimous verdict as to what the penalty shall be, the court shall dismiss the jury and shall order a new jury impaneled to try the issue as to what the penalty shall be.  If such new jury is unable to reach a unanimous verdict as to what the penalty shall be, the court in its discretion shall either order a new jury or impose a punishment of confinement in state prison for a term of life without the possibility of parole.

 

[Edmo]

I think it will be the DP as it has to be even though being from the UK i don’t agree with it but i can make my peace with it knowing he won’t be put to death anyway.

It just means that CM will spend his natural life in a cell w/o the luxury of having contact with other inmates, or be able to have a job. He WILL be spending his time in a cell, possibly with 1 other inmate and have to be restrained everytime he leaves his cell. Most inmates that are isolated end up having mental health problems, which he deserves, IMO.

 

[oceanblueeyes]

I think it will be the DP as it has to be even though being from the UK i don’t agree with it but i can make my peace with it knowing he won’t be put to death anyway.

I hope one day it will be reinstated, and all 750 juries who have recommended death for certain individuals get to see it finally come to pass.

The only regret I have even if Merritt is executed it will be far too humane than what he put his four victims through, and made them endure for no telling how long.

I highly respect how you feel though asyousay.

Imo

 

[asyousay]

It just means that CM will spend his natural life in a cell w/o the luxury of having contact with other inmates, or be able to have a job. He WILL be spending his time in a cell, possibly with 1 other inmate and have to be restrained everytime he leaves his cell. Most inmates that are isolated end up having mental health problems, which he deserves, IMO.

That would be fine to me.

And I hope his cell mate hates baby killers!

MOO

 

[thornfae]

IMHO the jury reconvened this morning after sleeping on their verdicts through the weekend for a brand new day to finalize and wrap it up. A two-hour lunch was just them getting one last free lunch and to socialize and dare I say celebrate the end of their jury duty in the ridiculously long, drawn out trial. What the verdict is must have been relatively easy to reach given the actual hours deliberating. We shall see at 3:45 pm today!

 

[oceanblueeyes]

It just means that CM will spend his natural life in a cell w/o the luxury of having contact with other inmates, or be able to have a job. He WILL be spending his time in a cell, possibly with 1 other inmate and have to be restrained everytime he leaves his cell. Most inmates that are isolated end up having mental health problems, which he deserves, IMO.

It's the worst place a sociopath with raging narcissism ever wants to be.

They must have others around them they can manipulate, and con into stroking the beast.

Imoo

 

[Edmo]

Why do you think it's DP?

Because they came back so quickly.

 

[oceanblueeyes]

It just means that CM will spend his natural life in a cell w/o the luxury of having contact with other inmates, or be able to have a job. He WILL be spending his time in a cell, possibly with 1 other inmate and have to be restrained everytime he leaves his cell. Most inmates that are isolated end up having mental health problems, which he deserves, IMO.

Edmo, does this mean he will only be able to see his family from behind a glass or do they let them be together where they can touch each other?

Tia

 

[Chelly]

Because they came back so quickly.

Didn't seem quick to me. Their time deliberating was spread out over several days, but I get your point.

 

[asyousay]

Didn't seem quick to me. Their time deliberating was spread out over several days, but I get your point.

It was less than 4 hours which isn’t long IMO

 

[oceanblueeyes]

Because they came back so quickly.

Yep, this is about as long as the jury took to recommend death for the SC father who murdered 5 of his children.

Iirc, took around 4 hours too.

Imo

 

[Recidivist]

IMHO the jury reconvened this morning after sleeping on their verdicts through the weekend for a brand new day to finalize and wrap it up. A two-hour lunch was just them getting one last free lunch and to socialize and dare I say celebrate the end of their jury duty in the ridiculously long, drawn out trial. What the verdict is must have been relatively easy to reach given the actual hours deliberating. We shall see at 3:45 pm today!

I don't think San Bernardino County provides free lunch for jurors.

 

[Blondiexoxo]

So glad we have a verdict, I’m hoping for the DP but it’s bed time here so I’m going to miss it, will be checking back bright and early but either way his life is over and the world is a better place with him behind bars

 

[Edmo]

Didn't seem quick to me. Their time deliberating was spread out over several days, but I get your point.

Less than 4 hours total.

 

[Edmo]

Edmo, does this mean he will only be able to see his family from behind a glass or do they let them be together where they can touch each other?

Tia

I do think they will have contact visits, but not 100% sure?

San Quentin is a long way from So Cal. It's next to San Francisco, Ca. Marin County.

I doubt he will have a visit very often.

 

[Edmo]

I guess this will be a wrap on this case. I appreciate everyone who participated in this case.

 

[missy1974]

Forgot that they were even deliberating.... glad there is a verdict and it will be over I fully expect it to be the death penalty and would be shocked if it wasn't!

I hope the jurors will speak after this.... would like to hear what they have to say. JMO

 

[Mony Mony]

I am hoping the jury sends the message loud and clear there was no "lingering doubt" and give him the DP.

 

[Edmo]

Forgot that they were even deliberating.... glad there is a verdict and it will be over I fully expect it to be the death penalty and would be shocked if it wasn't!

I hope the jurors will speak after this.... would like to hear what they have to say. JMO

His guilty verdict has been on the local news, as well as both family's reactions. The jury will probably speak out, but it may take awhile due to the length of the trial,IMO.

 

[Longtimenoc]

I hope one day it will be reinstated, and all 750 juries who have recommended death for certain individuals get to see it finally come to pass.

The only regret I have even if Merritt is executed it will be far too humane than what he put his four victims through, and made them endure for no telling how long.

I highly respect how you feel though asyousay.

Imo

And especially Steve Levaditis, the Beverly Hills jewelry store robber and killer. Justice has been far too elusive in that case.