Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Jurors are back, Imes about to resume.
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Imes says correction: Joseph McStay had called Union Bank once before, in November. Does not change importance that McStay called on Feb. 4.
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Now talks about initial calls from Daniel Kavanaugh including calls to authorities that McStay appears to be missing, Mike McStay and Merritt visit home on Feb. 13, Mike McStay reports family missing Feb. 15. Says that Merritt has done nothing to report McStay missing.
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Was not there when investigators arrived at house Feb. 15, He had to be tracked down for an interview, Imes says. Recalls for jurors how in Feb. 17 he referred to McStay in past tense. (Defense attorneys have said he also used present tense during that interview.)
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
-- in Feb. 17 interview---
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Audio: Investigator brings up use of past tense Joseph "was" best friend. "I don't know why" Merritt says. "That state of mind is the mind of a killer already knowing they are already gone, and will never return," Imes says
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
A detective notes an injury to Merritt's hand. He claims he injury at a sheet metal place. Not followed up on, Imes said, but at this stage it was still a missing persons case.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Feb. 19, an unusual search warrant of the Fallbrook home -- still a missing persons case at that point -- 15 days have passed since Feb. 4, all time for Merritt, off the grid for big chunks of time, to go to house and do things to evidence, Imes tells jurors.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Among the things found was a black light in the house that no one seems to know the origin of. Often used to see forensic evidence, Imes notes.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Says the walk-through of the house was in context of a missing persons case, so some evidence may have been overlooked, Imes says.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Now on the 2013 discovery of the graves near Victorville, and two sets of tire impressions. Three years and nine months had passed Imes notes. Measurements cannot be 100 percent accurate, and have been described as "consistent" with Merritt truck.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Now discusses the condition of the two graves and shows evidence photos including remains, clothing, remains of a child's backpack, and the hammer.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Imes says that is evidence that "something happened in that house" -- disabled the McStays so they could not fight back. No way to tell if the blows with exception of a couple, would necessarily have caused profuse bleeding, prosecution experts had said.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Only the killer knows about possible cleanup of evidence at house. Why the odor of fresh paint when detectives visited several days after any painting took place? Why are towels missing from the house, found in the grave? Imes asks.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Now mentions paint on Summer McStay's bra, found at the gravesite. Says paint on the left cup of the bra. Says pattern indicates someone may have used paint in the house after Summer disabled.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Absence of evidence of home, Imes says, is because the killer has been in charge of the crime scene and able to clean it up.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
The Isuzu Trooper found in San Ysidro: Merritt tells investigators he had been in Isuzu, but denies every driving it. Imes says Merritt DNA contribution found on steering wheel, but not right front passenger seat. More DNA from Merritt than from Summer McStay, Imes says.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Imes calls defense DNA evidence "meaningless" no evidence to support "touch DNA" including a defense video that used actors to suggest McStay and Merritt shook hands on Feb. 4. Says McStay a "laid-back surfer dude" was not a hand-shaker.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Also challenged any defense touch DNA evidence from items at graves. Defense expert was "selling a product," Imes said. "All of his validation studies were done by himself, not outside researchers," Imes notes.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
"The whole defense case was smoke and mirrors," Imes says, all aimed to get jurors to look away from Merritt.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Now Imes is discrediting other defense experts on blood, computers, accountancy, photo analysis evidence, and others. "It can be inferred from their testimony that they were hoping to gain notoriety," Imes says, referring to a documentary being made on the defense case.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Now Imes says defense efforts to point at former McStay business associate Dan Kavanaugh is more "smoke and mirrors." Kavanaugh was in Hawaii at the time, Imes says. "There is no evidence that Dan Kavanaugh was involved in this crime at any time," Imes said.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
"This case has always been about, and continue to be about, the defendant Charles Merritt," Imes says. "When you look at these things in totality, who benefited from these crimes? The defendant."
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
15-minute break
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
Imes resumes. Tells jurors Merritt not a stranger to the McStays, would have been let in if he came to house. Only reason to kill all family is to get rid of any witnesses who could recognize him, Imes says.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
Merritt "the only person benefitting" after the disappearance of the McStays. "He has a motive not to be sidelined" from Joseph McStay's business, Imes says. Says account records show money starting to go directly to a vendor instead of Merritt.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
Imes says in October 2010 Merritt had a 77 percent loss of income from McStay's Earth Inspired Products business, due to a cut in his percentage, from 65 percent to 15 percent.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
Imes reviews evidence he said points to Merritt. Time to forge checks, commit murder, clean up, coaching of witnesses (recorded in jail), change of identity search, "when the heat was on."
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
Imes replays Merritt interview when he says he was "definitely" the last person to see the family. Only the person who was the killer would say. The defendant is the "linchpin" to all of the evidence, Imes says.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
"There's no reason to kill those kids unless they can identify the killer," Imes tells jurors, tells the panel the killer is sitting in the courtroom -- Merritt.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
"He's the one who benefited from all the forged checks, he's the one who benefited from all the QuickBooks activity," Imes said. Recounts that his efforts to delete the QuickBook accounts online was a failed attempt to cover his tracks.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
The truck evidence is at least "compelling" and cannot be excluded; Feb 6 cell phone pings off Quartzsite Mountain puts him in the High Desert where the graves are found; the off-the-grid cell phone time gives time to get the family Isuzu Trooper to San Ysidro, Imes says.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
"What you have is a overwhelmingly set of circumstantial evidence" that always comes back to Merritt, Imes says. There is no dispute this is first-degree murder, Imes tells the panel. Justice was delayed by burying victims in the desert, he says.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
"It's time render that justice" Imes says, and asks the panel to convict Merritt for first-degree murder, naming each victim. Imes has finished. Defense will start after a recess.
Richard K. De AtleyVerified account @RKDeAtley 4h4 hours ago
"It's time to render that justice"( fixing quote)