I'm curious to get get gitana1's take on this. Anyone have contact with her?
I might be in the minority but I'm a cynic and I believe this entire fiasco was hatched up by these slimy defense attorneys as just another stall tactic... and Judge Smith keeps enabling them. I think McGee is just as involved/crooked as Maline is.
McStay family slaying: Lead defense attorney seeks withdrawal from case, delay of Merritt’s sentencing – Redlands Daily FactsCan someone give me a summary?
Can someone give me a summary?
Sentencing hearing was scheduled for Friday, the 27th. On the 17th IIRC, one of Merritt's lawyers filed a Motion to Withdraw, citing a conflict of interest. The reasons are sealed. A request for a continuance was also filed. And actually, another lawyer who is in the same office with McGee is essentially also asking to withdraw because they work together. This was reported a few days before the hearing on Friday...
In a court filing, James E. McGee said a conflict of interest has emerged that prevents him and a lawyer in his firm from continuing to represent Merritt: “Counsel is informed and believes that the motions Mr. Merritt wishes to bring has created an actual conflict of interest.”
McStay family slaying: Lead defense attorney seeks withdrawal from case, delay of Merritt’s sentencing – San Bernardino Sun
At the hearing.... which is the video posted, Maline (the other lawyer who is not requesting to withdraw) said...
because a lot of the issues that have come up as we were preparing for the motion for new trial dealt with a lot of the work that was done by Mr. Mcgee and since he had taken this position about the motion, the exchange of information is not the same, so obviously we're going to need more time for the for the motion for new trial.
They then met in chambers (the defense lawyers, Merritt, and the judge, not the prosecution). After, the judge ruled that Maline/Merritt should be given time to "investigate further" and set a date of Nov 1st for a closed hearing on whether to grant McGee's request to withdraw or to see if it has been resolved I think, later in November is the deadline for defense motions, and sentencing hearing was rescheduled for December 13th, post conviction motions will also be heard on that date.
I hope that is a good enough summary lol I am not sure exactly what @Force Ten wants to know...
I know that I would like to know what constitutes a "conflict of interest" at this stage? I am wondering if they are going to try to claim ineffective assistance of counsel, on McGee's part (which is a conflict of interest for him and his firm, wouldn't it?). Just a reminder that McGee had some health issues during the trial, which caused delays, he came back, had to take more time off... he did come back, but IMO was no where near as effective or as sharp as he was before.
Thanks everyone for the summaries.
Sounds to me that CM is going to throw the withdrawing attorney under the bus for error. I'm not sure what motions can be filed prior to appeal asserting ineffective assistance of counsel or the like but I will ask my law partner and research and get back.
That's my guess.
Otherwise the attorney doesn't ethically agree with an upcoming motion for some reason.
Thanks!
With the limited research that I have done, ineffective assistance of counsel can be argued in a Motion for a New Trial, which is what is to be filed in November, along with a Motion for Reduction in Sentence. Both of these types of motions seem to be common and expected after a conviction?
@gitana1 I am not sure if you watched the video or not, so in case you didn't.... the prosecutor also makes a comment that with the limited knowledge he has about what is going on, it seems like it is pitting attorney against attorney, and he was concerned that Maline would also have to be removed... to which the judge said they would assess that later, but since the 2 attorneys, Maline and McGee, were no longer in a partnership, there was less of a conflict for Maline. (They were no longer partners before the trial started)
Conflict of Interest I thought was a peculiar description instead stating that they couldn't agree or had irreconcilable differences. Also the motion was filed under seal.Thanks everyone for the summaries.
Sounds to me that CM is going to throw the withdrawing attorney under the bus for error. I'm not sure what motions can be filed prior to appeal asserting ineffective assistance of counsel or the like but I will ask my law partner and research and get back.
That's my guess.
Otherwise the attorney doesn't ethically agree with an upcoming motion for some reason.
Conflict of Interest I thought was a peculiar description instead stating that they couldn't agree or had irreconcilable differences. Also the motion was filed under seal.
I don't disagree at all.
I'm guessing that no one was surprised that the continuance was granted either, almost like there wasn't an option to deny it anyway, if that makes sense? There are definitely some flaws with the system
Joseph James DeAngelo is maybe the worst criminal ever...for real.
When he killed he was even a police officer...
(It seems he has Italian backgrounds...this irritates me so much... )
snipped
They subsequently emerged, at which point Judge Smith said, “There is a conflict between Mr. Merritt and Mr. McGee that would keep Mr. McGee from representing Mr. Merritt.”
Judge Smith, without divulging what had been said during the in-camera exchange in his chambers, offered a tantalizing glimpse of what might have been at issue when he alluded to “pitting one counsel against another.
After the hearing, an individual close to the defense told the Sentinel that McGee believed “heart and soul with no wavering” that the alternative suspect in the killings the defense had presented at trial, “Dan Kavanaugh, was involved directly or orchestrated the murders and that Chase had no involvement whatsoever.”
McGee had dedicated more than a year of his life to preparing for the trial and in representing Merritt during the trial, the individual said. “He was staggering under the workload and lack of pay. He has better things to do, now that the trial is over and it’s not his bailiwick anymore.” It was suggested to the Sentinel that McGee, who was a prosecutor for most of his career before becoming a defense attorney, may be contemplating a run for judge, and that is what the conflict stems from, as the 2020 election year is approaching.
SBCSentinel | News of note from around the largest county in the lower 48 states.