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

[mrjitty]

I wonder if it's more about if the jurors don't want to interview with the DT afterwards, especially given what happened with the two alternates, they want to be able to use a LWOP verdict in conjunction with their appeal to jurors' about any residual/lingering doubts, without presenting any mitigation, as evidence of juror misconduct, allege some kind of doubt in a capital case/special circumstances guilt verdict that wasn't explored fully during deliberations. I don't know though, it's just a wild guess.

They are hamstrung I feel, there is NO mitigation for such a monstrous crime, his family complicit in fabricating evidence, so they have no choice but to continue the innocence charade, they see it as one step better than nothing.

JMO

Maybe they simply have no witnesses prepared to testify who can add any value?

I mean what would CJ say exactly?

 

[Tortoise]

Maybe they simply have no witnesses prepared to testify who can add any value?

I mean what would CJ say exactly?

There is nothing they can say.

I feel confident that the jury had no doubts. They returned four first degree murder verdicts. Not second degree for Joey, loss of control in the heat of the moment, and then first degree for the others to get rid of witnesses.

I think they saw enough evidence that this family massacre was premeditated. Phone going dark before the drive down, in and out again so fast with what must have been a deliberate operation, controlling two adults, making the dogs comfortable, opening a window to come back, sitting at the computer to create a cheque by 8 pm, that is cool and collected.

JMO

 

[Frankie Hellis]

Maybe they simply have no witnesses prepared to testify who can add any value?

I mean what would CJ say exactly?

The problem is CJ basically testified when they played the jailhouse recording. What’s she going to do, get up there and now claim he is a decent human?

 

[oceanblueeyes]

So here is there reason they gave for not calling witnesses...

The defense team said it instead planned to appeal to any possible lingering doubts held by the jurors who convicted Merritt in the circumstantial-evidence case.

“Our client didn’t do it, they got the wrong guy, they got it wrong, and therefore they should have a lingering doubt about what happened,” co-defense counsel Rajan Maline said outside court. Jurors can consider lingering doubt in making their decision on which penalty to recommend, he said.

Morning Missy, and all!

Omg, I can't believe the DT even thinks this is a good strategy much less one that will work.

I heard every one of the 12 jurors reaffirm their verdict decision. There wasnt one of them who were weak in their reaffirmation nor when all 12 affirmed the special circumstances have been met.

I knew the DT would make this big blunder. The worst thing they can do is more or less tell this jury they got it wrong. It's a very good way to pizz them off though. Imo

Imo, this jury not only believes CM is guilty BARD, imo, none of them have any doubt at all. None.

I think this is just a defense cop out. Imo, in truth the DT knows they can't produce any credible witnesses that will sway this jury one inch toward having any sympathy for this baby killing monster.

Imo, Imes, and Melissa have been doing trials for awhile. They are able to read this jury. Imo. They are already ready to come to their decision. They have heard more than enough already.

Imes knows there isn't any need to waste more of the jury's time by calling a lot more available witnesses to testify how horrid this man is.

Imo. He knows the jury, already gets how depraved, and evil CM is who has no redeeming values. They have already heard from CJ when she said he cares about no one, and how he pizzes off everyone due to how he rips off others. They already know he has a criminal past of victimizing others

Imo, as the jury sits there seeing this beautiful sweet good family he destroyed they are already convinced he is one of the worst, and deserves nothing less than death.

Imo, if the DT was honest which they are anything but, they know it too. None of the jurors bought any of their assumption BS, and they certainly don't want to hear more BS in their closing in this phase.

They have as much credibility with this jury as all of the ridiculous witnesses they called which is less than ZERO at this point.

Jmho

 

[missingm]

Is there some advantage in the appeals process if it is a DP case? Perhaps he is thinking that at his age he will likely die of natural causes before getting the DP so LWOP is basically the same thing, so may as well take advantage of any automatic appeal hearings to try to get the whole conviction thrown out.

 

[Tortoise]

Scavenging. That's what I call it.

 

[Tortoise]

Is there some advantage in the appeals process if it is a DP case? Perhaps he is thinking that at his age he will likely die of natural causes before getting the DP so LWOP is basically the same thing, so may as well take advantage of any automatic appeal hearings to try to get the whole conviction thrown out.

Oh so you think they are doing this to try to get the DP? I don't think they'd bother interjecting anything if that were the case - just let the prosecution go for it and stand back.

 

[oceanblueeyes]

Is there some advantage in the appeals process if it is a DP case? Perhaps he is thinking that at his age he will likely die of natural causes before getting the DP so LWOP is basically the same thing, so may as well take advantage of any automatic appeal hearings to try to get the whole conviction thrown out.

In all death penalty convictions regardless of the state it is automatically appealed.

The first appeal is paid for by the taxpayers of each state.

After then CM will have to rely on attorneys who will do it pro bono. The backlog in CA is enormous.

Even though it will be automatically appealed never means the higher court will have the appeal shortly afterwards. Imo, it will take years to come before the appellate court for the first time.

After then if its upheld by the higher court it will be a very long drawn out process afterwards.

Imo, whether he dies before being executed or not the jury will recommend death, and JS will impose death as the jury recommends.

JS knows this is the only just sentence that fits the crimes CM has committed.

Imo

 

[Meemaw12]

Child Killer Gets First Appeal 16 Years After Death Sentence

It took Westerfield 16 yrs to get his 1st appeal.

CM will be a very old man before he gets an appeal if sentenced to Death which IMO he should be.

A lot of years to sit in a cell and think about what he did.

 

[Longtimenoc]

At the defense press conference, they said they have " three sets" of dna that remain untested because the PT only tests their DNA. Thus giving ammunition to his supporters that the trial was unfair. More untruths.

Also, didn't CM look angry yesterday when talking to his attorney before jury came in? He was the picture of evil.

 

[oceanblueeyes]

They want to continue to claim that he’s innocent, so that closes off a number of strategies. If ‘he’s innocent’, he can’t say that he feels remorse for what he did. There’s no point to talking about what a horrible childhood he had, (I’m not claiming that it was,) because if he’s innocent, why would it matter?

And his children talking about how much they love him—the jury has already found him guilty of slaughtering a whole family—what are the chances that they’d want to go easy on him because he has people who love him?

Hi Wary!

This phase is not about him declaring he is innocent though.

Usually before the convicted has his/her sentence imposed is when they are asked by the judge if they would like to make a statement from the defense table.

They do it there instead of from the witness stand because what they say can be said without being under oath where they would have to swear under oath to tell the truth.

In other words they can stand up there, and lie if they so chose ...which they often do. What they say cant be held against them because it isnt under oath..

The convicted doesn't take the stand during the penalty phase. To swear to anything while under oath will interfere with the automatic appeal.

The DT is pretending CM is innocent. Just like countless other convicted murderers have claimed even when the evidence overwhelmingly showed they are guilty BARD.

At this stage is when other witnesses take the stand to plead for his life on his behalf.

This is usually done by bringing forth good character evidence. For example he was known to help the poor, homeless, and elderly or he was always an attentive father being at every school function, and all outside events his children participated in throughout their lives. Etc.

Therein lies the problem for CM.

CM is a taker, and never a giver of anything much less devoting his time to any worthy matters.

Imo

 

[DTPeke]

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?

 

[Cricket28]

'he didn't mean to bludgeon a family of four to death'
'he didn't mean to bash in two little boy's heads'
'he didn't mean to steal from and defraud his best friend'
'he didn't mean to gamble away his family's rent money'
'he didn't mean to stiff customers out of finished products'
'he didn't mean to .......... '

Exactly! And like I said in another post.... the only thing "he" didn't mean to do was get caught.

It's disgusting!! MOO

 

[Longtimenoc]

Morning Missy, and all!

Omg, I can't believe the DT even thinks this is a good strategy much less one that will work.

I heard every one of the 12 jurors reaffirm their verdict decision. There wasnt one of them who were weak in their reaffirmation nor when all 12 affirmed the special circumstances have been met.

I knew the DT would make this big blunder. The worst thing they can do is more or less tell this jury they got it wrong. It's a very good way to pizz them off though. Imo

Imo, this jury not only believes CM is guilty BARD, imo, none of them have any doubt at all. None.

I think this is just a defense cop out. Imo, in truth the DT knows they can't produce any credible witnesses that will sway this jury one inch toward having any sympathy for this baby killing monster.

Imo, Imes, and Melissa have been doing trials for awhile. They are able to read this jury. Imo. They are already ready to come to their decision. They have heard more than enough already.

Imes knows there isn't any need to waste more of the jury's time by calling a lot more available witnesses to testify how horrid this man is.

Imo. He knows the jury, already gets how depraved, and evil CM is who has no redeeming values. They have already heard from CJ when she said he cares about no one, and how he pizzes off everyone due to how he rips off others. They already know he has a criminal past of victimizing others

Imo, as the jury sits there seeing this beautiful sweet good family he destroyed they are already convinced he is one of the worst, and deserves nothing less than death.

Imo, if the DT was honest which they are anything but, they know it too. None of the jurors bought any of their assumption BS, and they certainly don't want to hear more BS in their closing in this phase.

They have as much credibility with this jury as all of the ridiculous witnesses they called which is less than ZERO at this point.

Jmho

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.

 

[oceanblueeyes]

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?

Hmmm, good question, Pete.

I can only guess of course, but it could be someone wanting to testify how badly his childhood was, but age the age of 62, what difference would that make?

Millions have suffered from childhood trauma, yet they dont become killers nor do the vast majority ever harm anyone.

One's childhood past does not define who they will become as adults.

All make their own choices, and the majority become productive law abiding members of society.

Jmho

 

[SuziQ]

I think the DT strategy is about CM refusing to ever admit he committed this heinous crime. If he can't go free, then he's going to die claiming he's innocent.

 

[mrjitty]

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

 

[Longtimenoc]

I think the DT strategy is about CM refusing to ever admit he committed this heinous crime. If he can't go free, then he's going to die claiming he's innocent.

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.

 

[QueenBofOB]

Maybe they simply have no witnesses prepared to testify who can add any value?

I mean what would CJ say exactly?

He DINT do it!!

 

[missy1974]

Is there some advantage in the appeals process if it is a DP case? Perhaps he is thinking that at his age he will likely die of natural causes before getting the DP so LWOP is basically the same thing, so may as well take advantage of any automatic appeal hearings to try to get the whole conviction thrown out.

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").