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

[mrjitty]

McGee was absent wasn't he?

Wow.

Washed his hands already.

 

[Longtimenoc]

Just think if the dirt bike rider had taken a different trail that fateful day. Merritt would probably be enjoying the proceeds from his book at the casino.

Now instead of interviews and book signings he can think about that dirt bike rider who by chance caused the series of events that put him behind bars for ever.

 

[Tortoise]

My guess is the sentence is simply a cumulative effect.

e.g. They think he murdered Joe first, perhaps in the context of the theft discovery and that would have earned LWOP if he stopped there.

But then in the next transaction he went on to murder Summer and the kids - and the jury saw that as aggravated offending attracting the highest possible tariff.

I guess I see the logic of that - the offending is right at the high end.

Personally I would have gone with LWOP as I don't agree with the death penalty on principle

Good thinking. I think you're probably right breaking it down logically.

 

[Tortoise]

Did you see his fake tears when LWOP was read? He thought he had a chance at that moment of a life in prison, until the DEATH verdicts came down, BOOM !

Is it because he was hoping that 4 verdicts of LWOP would aid his appeal in some way, attempt to show an uncertain jury, or is it because he had a preference to do with his future living conditions? Because he must know he's not likely to be put to death.

 

[bessie]

I was so tired last night that I forgot to say THANK YOU to everyone who has participated in following this case here at Websleuths over the years. Some of you have been around since the very beginning. And though we were incorrect in some of our theories, no one can say they're wasn't a huge collective effort to understand the truth and find answers. One only has to look at the enormous amount of information amassed in the main McStay forum to see the dedication was unwavering.

The same can be said of these trial threads. While some members joined in late, you've done a fabulous job of chronicling the events of each day's progress (or lack thereof). So, thank all of you, as well. A special shout goes out to Niner and her detailed calendar which she maintains so meticulously.

At some point, the trial threads will be moved to the McStay forum, but not for some time. This thread will remain open indefinitely so everyone will have a chance to add final thoughts.

I know many have lingering doubts and questions. Please feel free to review and rehash any issues that remain unanswered. Hindsight is 50/50, as they say, and often it's not until we've had a chance to sit back and take in all of known information that we can see the big picture and fill in the blanks.

 

[CoverMeCagney]

I was so tired last night that I forgot to say THANK YOU to everyone who has participated in following this case here at Websleuths over the years.

I have been following quietly and sporadically over the years, and echo Bessie's thanks and admiration to all those who have stuck with it for the best part of a decade!!

As an aside - really good to see you @bessie

 

[Tortoise]

Michel Bryant‏ @TheLegalEdge 12h12 hours ago
So...Merrit jury #mcstay recommends 3 Death Sentences (Wife/kids) and Life w/o parole for murder of Joseph Mcstay. All based on a pros swiss cheese case in the guilt phase. You've heard "a ham sandwich can be indicted"? They're recommending death for ham sandwiches in Calif.

Linda Kenney Baden‏ @KenneyBaden
Replying to @TheLegalEdge
Actually less than a ham sandwich- a single cell amoeba or less.

Cathy Russon‏ @cathyrusson 6h6 hours ago
If you served on the #McStayFamily murder trial jury we would love to talk to you anonymously or not. Please contact me at cathy@lawandcrime.com. #CharlesMerritt #McStay

 

[oceanblueeyes]

Morning all!

What an ending to a long fought case.

Since the verdict was rendered, I've thought about it quite a bit just like everyone else.

I've come to the conclusion the verdicts had an intended purpose the jury wanted to make.

Of course we can only assume their thinking until they speak for themselves.

However, think about what has to happen now.

Not only will CM have to successfully appeal the death sentence x 3, but he will also have to sucessfully appeal the LWOP for Joey's murder as well.

Instead of one extremely high hurdle to overcome the jury now has given Merritt TWO.

So the jury knows he will have to successfully appeal not only one, but both verdicts blocking him into a corner he will never be able to come out of... They doubled his burden!

I don't think their verdict shows any lingering doubt at all about Joey's murder. Lingering doubt would come in the form of one or two jurors who were willing to hang the jury in the penalty phase if they had any lingering doubt about CM murdering Joey, and his family. Imo, they had none.

Imo the verdicts they rendered unanimously shows none had any doubt whatsoever he murdered all four.

They were very firm with their guilt verdict, and verbally that Joey's murder was first degree murder, along with SC for him as well.

Imo, they considered if CM had only killed Joey it would have been a LWOP sentence. They weighed each victim he murdered separately.

The only thing I disagree with them on is they must think Joey was the first he killed. I dont think so, and still feel Joey may have been the last to die after made to watch his entire family wiped out first.

But CM has made sure all of those unknowns will remain unknown as to the order in which they were murdered.

But I have no problem with them thinking otherwise since they are appropriately the triers of facts that brought this case to a successful conclusion.

It may wind up being one of the most intelligent well thoughtout penalty verdicts I've ever witnessed.

Imhoo

 

[oceanblueeyes]

McGee was absent wasn't he?

Not surprised in the least. To these kind of lawyers it's never about justice. It's all about winning.

Remember when Mark Geragos was a no show when the penalty verdict of death was rendered in Peterson's trial?

MG knew what it would be so he was already on to trying to get some other murderer off scot free hoping to put another win in his column. More wins means more money per hour he can charge. It's all about wins, notoriety, and $$$$$$ to these kind of unethical attorneys!

I detest Maline, but honestly McGee is even worse, and more appalling.

They both need to have complaints filed against them for unethical misconduct.

While this jury did not buy any of the total BS they were selling it could with another jury. It is lawyers like them that are making a mockery out of our justice system.

They knew they were lying to the jury from moment one starting in OS.

They knew they were making promises they were never going to produce. It was all a vicious game to M&M.

McGee is even worse because he was a prosecutor for many years, and knew better. He just didn't care, and would do anything, and say any lie if it gave him a win.

Imo

 

[MKZoo]

Michel Bryant‏ @TheLegalEdge 12h12 hours ago
So...Merrit jury #mcstay recommends 3 Death Sentences (Wife/kids) and Life w/o parole for murder of Joseph Mcstay. All based on a pros swiss cheese case in the guilt phase. You've heard "a ham sandwich can be indicted"? They're recommending death for ham sandwiches in Calif.

Linda Kenney Baden‏ @KenneyBaden
Replying to @TheLegalEdge
Actually less than a ham sandwich- a single cell amoeba or less.

Cathy Russon‏ @cathyrusson 6h6 hours ago
If you served on the #McStayFamily murder trial jury we would love to talk to you anonymously or not. Please contact me at cathy@lawandcrime.com. #CharlesMerritt #McStay

Those first two tweets would really tempt me to leap at the chance to have Law and Crime publicly mock my six months of jury service. Lol.

Jmo.

 

[LunaticFringe]

Just think if the dirt bike rider had taken a different trail that fateful day. Merritt would probably be enjoying the proceeds from his book at the casino.

Now instead of interviews and book signings he can think about that dirt bike rider who by chance caused the series of events that put him behind bars for ever.

No more steaks on the BBQ.No ice cold beers on a hot summer's day.
East Block
Condemned Row
San Quentin

I know he'll never be executed BUT it makes my heart happy to know where he will call home for the rest of his life!

 

[Blondiexoxo]

I feel the death penalty was deserved in this case, for me it is not so much about being put to death (we know this is unlikely to ever happen), but more so the things he will be deprived of by being a condemned inmate.
He will have no human contact, no hugging or shaking anyone’s hand, he will be condemned meaning his time outside his cell will be extremely limited. Showers and excerise in a cage will be all that’s allowed. He will be served his lovely prison meals in his cell, he will not get to visit and chat to his loved ones face to face he will be behind reinforced glass using a telephone.
It brings me some satisfaction knowing that he will have no choice but to abide by the strict rules of death row and exist amongst other child killers, rapists and other idiots who’ve killed for financial gain. I don’t care whether he eventually gets a needle in his arm or not, he has lost everything already it just really bothers me that he is still going to be living his sad existence on death row while the Mcstays who were full of life and had brilliant things ahead in the future for them are no longer here and the world was robbed of all the wonderful things those two little boys could have been when they grew up.

 

[oceanblueeyes]

Those first two tweets would really tempt me to leap at the chance to have Law and Crime publicly mock my six months of jury service. Lol.

Jmo.

It must really suck to be these kind of talking head defense attorneys where they have to always pretend there wasn't any evidence when the facts in evidence are overwhelming.

Kenny Baden is one of the worst. She's never met a murderer she didn't love. Attorneys like these kind of defense attorneys likes nothing better than putting a cold blooded murderer back on our streets.

Facts never get in the way of their same tired old drivel. They need to find new lines for they say the exact same thing about every defendant in every single case.

Imho

 

[asyousay]

If Joey only got the LWP because they felt his death wasn’t premeditated then that sucks as i think the turning off his phone on the drive down proves he was going there with the intent to kill them all.

Joey has different injuries to the rest of them as well which I think also shows he was tortured.

IMO

 

[NMurphy02]

Is anyone else sick of "legal experts" going off on juries for their decisions? I'm guilty of it too. I still say that jury foreman had a crush on Jodi Arias. But I'm not on TV and I wasn't on twitter. The way they are tweeting nasty things..Ham Sandwich? So rude!

 

[oceanblueeyes]

If Joey only got the LWP because they felt his death wasn’t premeditated then that sucks as i think the turning off his phone on the drive down proves he was going there with the intent to kill them all.

Joey has different injuries to the rest of them as well which I think also shows he was tortured.

IMO

They already voted unanimously that all four were first degree murders with SCs.

Premeditation has no legal time limit for premeditation to form, and be carried out. Imo they do believe it was first degree murder of Joey as well. They even verbally reaffirmed their first degree verdicts for all 4 stating so. Not all premedtitated murderers receives death.

I think they weighed each victim separately thinking if CM had only murdered Joey then stopped it would still be premeditated first degree murder, but felt the appropriate sentence would have been LWOP.

It's a good call imo because it has now doubled the burden he has to overcome when appealing both verdicts which will not be successful on either one. Imo.

Imo

 

[Niner]

A special shout goes out to Niner and her detailed calendar which she maintains so meticulously.

why thank you Bessie!

 

[mrjitty]

They already voted unanimously that all four were first degree murders with SCs.

Premeditation has no legal time limit for premeditation to form, and be carried out. Imo they do believe it was first degree murder of Joey as well. They even verbally reaffirmed their first degree verdicts for all 4 stating so. Not all premedtitated murderers receives death.

I think they weighed each victim separately thinking if CM had only murdered Joey then stopped it would still be premeditated first degree murder, but felt the appropriate sentence would have been LWOP.

It's a good call imo because it has now doubled the burden he has to overcome when appealing both verdicts which will not be successful on either one. Imo.

Imo

Its a bit hard to murder someone with a hammer including broken leg, ribs etc without some sort of premeditation coming in to it

At some point you must intentionally embark upon the course of action, with time to reflect on what you are doing.

Different to say if you just shoot someone in a heated argument even with intent to kill

 

[mrjitty]

Is anyone else sick of "legal experts" going off on juries for their decisions? I'm guilty of it too. I still say that jury foreman had a crush on Jodi Arias. But I'm not on TV and I wasn't on twitter. The way they are tweeting nasty things..Ham Sandwich? So rude!

That guy seems like a right clown

 

[oceanblueeyes]

Is anyone else sick of "legal experts" going off on juries for their decisions? I'm guilty of it too. I still say that jury foreman had a crush on Jodi Arias. But I'm not on TV and I wasn't on twitter. The way they are tweeting nasty things..Ham Sandwich? So rude!

Ita! Not only do these talking heads try to sway their viewers to always side with the defense they twist or omit the evidence when doing so.

Talking head opinions now seem to be spun as facts, and are destroying our news media as well.

They are now substituting their own unsupported opinions in place of presenting the actual facts, and letting the viewers decide on the facts.

Imo