Chase Merritt SENTENCED TO DEATH for murder of McStay Family POST TRIAL THOUGHTS

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MrsPC said:
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.
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It's a death penalty case. No "enabling". This is as serious as it can ever get in the law. It's a man's life.

There's no room for error in a case like this. The judge darn well better make sure that not one mistake was made by him or by counsel that he could remedy, that could effect the verdict and sentence and lead to an appeal or a wrongful conviction.

I'm convinced this man is as guilty as sin. The verdict was a just one. But I'm also glad we don't live in Iran and that we have processes and procudures to ensure the accused are given due process and that a human being facing a sentencing of death is given a fair trial.
 
gitana1 said:
Can someone give me a summary?
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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.
 
missy1974 said:
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.
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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.
 
gitana1 said:
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.
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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?
 
missy1974 said:
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?
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Definitely.
 
@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)
 
missy1974 said:
@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)
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I watched half.
 
gitana1 said:
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.
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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 still think it is going to be something about the extended illness and McGee missing that jury time and leaving it all on Maline to scramble about and try and handle.

The conflict of interest may be that Maline and Merritt want to throw McGee under the bus for that time, especially if he was really out drinking and dancing the night that Maline was up until the wee hours, trying to edit that presentation.

They may also find fault with the court for not postponing or stopping the trial altogether?
 
Force Ten said:
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.
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It's not an uncommon term to use when withdrawing. We wouldn't say"we couldn't agree." Irreconcilable differences is used more for a marriage.
 
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I'm as disappointed as everyone else with the delays, however, I'm glad that Judge Smith is allowing the DT the latitude to explore whatever they deem necessary. In doing so they can't come back and accuse the court of being biased, unfair or prejudicial. I'm confident the judge knows what he's doing and is going to do whatever necessary so that there are no doors left open for Merritt to win any appeals.
 
missy1974 said:
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 :(
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I'm not sure why there wouldn't be an option for the judge to use under CA governing laws concerning matters of conflict rulings.
Logically some type of conflicts have already happened way before this one.

Why would he be hamstrung when other judges in every other state address conflicts regularly?

Imo, delays by attorneys, and judges in CA seems what is chosen it seems.

I remember after the CA Scott Peterson trial was over, we learned Mark Geragos had another death penalty client in CA, and he had talked that judge into delaying it for over 6 years, with the man sitting in jail all that time. No one should have to wait that long before being brought to trial, even if found guilty, and most especially if they are found NG.

Yet MG brought in the big hired gun A team immediately for SP when Laci, and Conner's murders went public nationwide as soon as they went missing.

It's one of the reasons I dont trust defense attorneys who have had their ill gotten gains... even how they treated many of their own clients unfairly.

They do not give each one the same defense even when their casea are also a serious death penalty case. Yet a CA allowed it to happen.

MG was also paid by the CA taxpayers even though he was a highly paid private attorney.

Imo, to MG, and so many others who have done the very same things, it's the best, and cheapest money spent to advertise them by name specifically wanting to become a household name which many of them do, and now are commenters on national news channels.

Imo, both M&M thought they had another very high profile case due it being one for many years before they were located, and CMs arrested.

Then for some unexplainable reason to me it never gained that much national attention again.

In fact you, and others had to hunt for anything involving the trial since L&C did the worst job ever when covering it, imo.

Perhaps McGee doesn't agree the trial should be overturned so is not interested in its involvement doing so? Often defense lawyers who have worked together can have differences of opinions. Maybe since McGee is more learned he already knows it's a total waste of his valuable time, and knows it should be handled appropriately afterwards by appellate lawyers?

Jmho
 
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Isabelle98 said:
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... :mad:)
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I couldn't agree with you more Isabelle.

Just look at how long the high powered wealthy man in CA got away for years when homeless AA men were being killed by him, and they knew it.

I read so much, his name escapes me at the time. Is it Howard Duck or something similiar?

Anyway, all the high ranking officials there knew it was happening repeatedly, yet let him walk free to do it to other homeless AA men, which he did. :(

He wouldn't have stopped feeding his vile twisted evil deeds to some of the most vulnerable members of our society either. His mistake he got to greedy killing more, and more where they couldn't suppress it like they had done.

All of those who knew this was happening have blood on their hands... for they are the very ones who facilitated it, and protected him ...so he could do it again ..even knowing that is exactly what he had continued to do.

He knew who was protecting him, and why. He was rich, and powerful who hobnobbed with other powerful people, and they believed no one would even care that he preyed on homeless AA men.

It's obvious they all considered all of the victims throwaways.:(

I am so proud of all of the victim/s families who now have a voice to show their loved ones were deeply loved, how they tried to help them, and how all of their lives mattered.

These double standards must stop!!!

Jmho
 
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I've been thinking a lot of about this conflict of interest thing. McGee may feel or know Merritt is guilty of the murders. If he has any moral standards, which I believe he does as an officer of the court, he can't represent a client if he knows his client is in fact guilty. It could have been something Merritt said or admitted to like driving the truck to the border (which Merritt may have stated).

"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

If these motions are about a new trial, how is it that McGee would be against that? Wouldn't this be an ideal outcome if ruled in favor of the defense? If Merritt wants a new trial I could see how McGee would want to withdraw as his defense attorney if he thought he was actually guilty.

Thoughts?

@mrjitty
@gitana1
 
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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.
 
Recidivist said:
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.
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Well, that's certainly interesting, and doing a quick search, if this is the reason, it makes sense along with the Nov 1st hearing date to determine if it is still an issue or not.

03/03/2020 - Presidential Primary Election
October 28, 2019 Declaration of Intention period begins for Judicial Candidates
November 6, 2019 Declaration of Intention period deadline for Judicial Candidates
 
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