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

[katydid23]

Wow Niner. Good^^^ summary. Well done because this hearing was a complicated mess.

 

[mrjitty]

I have seen some long winded judicial findings. But he is one of the longest. on this particular day.

I don't find his summary that unusual given the importance of the motion. It's critical he sets out all the grounds for his decision, in case it is appealed. That's actually what we want from a Judge! This judicial summary of the overwhelming evidence against the accused is great. We never had this before!

What i do find strange, because I am always confounded by Cali procedure, is why this is delivered as an oral judgement, on the day of another critical matter for which victims travelled.

Why was this motion not set down for a different day? Then the Judge could consider the matter, and deliver a written judgement, in his own time.

 

[mrjitty]

He doesn't have to do this though. If he has legal grounds to deny the ruling, deny it and move on. The more the judge talks, the more he gives for appeals.

I cannot recall ANY trial that I have watched that the judge goes on and on like this... anyone else?

Completely normal for a judge to give very detailed reasons on a critical ruling. He is required to set out the reasons so that an appeal court might consider them. If he gave no reasons, or misses stuff, that could create the grounds for the appeal.

The weirdness is why hear this motion on the day he is supposed to be conducting the sentencing hearing. He could have heard this motion earlier, and issued a ruling in his own good time.

 

[mrjitty]

I think the judge is trying to get his own thoughts on record, as he knows this case will be appealed. He is putting on the record his many evidentiary reasons for denying the motions filed this morning. JMO

Yes.

It's a key function because this Judge sat through months of trial. It is his job to set everything out clearly for appellate judges.

This is a important aspect of the role of judgements. In the US system, most are used to the black box of a jury. Yea or Nay.

But where the judge makes critical rulings, he should issue a very very detailed judgement.

 

[mrjitty]

Except this time it includes reasons why the defense arguments didn't withstand scrutiny. I think the way he dismantled the DK defense was masterful.

This is certainly not overdue.

Remember how small suit raved to the jury about how supposedly only the defence investigated DK's finances?

But then it emerged that the prosecution had provided all of DKs financial records to the defence years ago?

Smoke and mirrors bordering on active deception.

 

[mrjitty]

I think Judge Smith must have read the entire trial transcript to recall all these details.

If it is anything like NZ (no idea!) then Maline will have submitted his motion with required documentation ahead of oral submissions.

So the Judge had a good idea of what would be said, and no doubt prepared thoroughly.

I just find it strange this did not happen at a different hearing.

 

[mrjitty]

smoke and mirrors. nothing's changed.

I think you and I said this way back at the start of this trial, based on the Defence opening.

They never delivered on their expansive pleadings, and now play the victim.

Where is the case they promised?

DK? Tracey? Exculpatory cell evidence? Forensic proof of alternative accounting?

None of this ever turned up at trial.

 

[katydid23]

If it is anything like NZ (no idea!) then Maline will have submitted his motion with required documentation ahead of oral submissions.

So the Judge had a good idea of what would be said, and no doubt prepared thoroughly.

I just find it strange this did not happen at a different hearing.

This court day was set for TWO HEARINGS.


Post Judgement Motions Hearing and Sentencing (@ 8:30am PT)

But Maline weaselled in and filed 2 extra motions 15 minutes before court began. So that threw things out of whack. And then Maline kept talking about all of these details that should have just been handed over earlier in a filed motion. Instead of being looked over before court and ruled upon earlier, the judge had to take a lot of extra time with the newest motions that had been filed that day.

 

[Karinna]

I think you and I said this way back at the start of this trial, based on the Defence opening.

They never delivered on their expansive pleadings, and now play the victim.

Where is the case they promised?

DK? Tracey? Exculpatory cell evidence? Forensic proof of alternative accounting?

None of this ever turned up at trial.

BBM, They didn't have one IMO.

 

[asyousay]

It’s so true about Smoke and Mirrors as they had years to prepare their case and at the start it generally sounded intriguing the evidence they claimed in the opening statements but none of that cake to fruition.

DK turned out to damp squid and they had morning solid at all to try and pin it on him.

 

[Niner]

Wow Niner. Good^^^ summary. Well done because this hearing was a complicated mess.

Thanks @katydid23 !

snipped by me...
What i do find strange, because I am always confounded by Cali procedure, is why this is delivered as an oral judgement, on the day of another critical matter for which victims travelled.

Why was this motion not set down for a different day? Then the Judge could consider the matter, and deliver a written judgement, in his own time.

This hearing was originally scheduled for 12/13 - and they should have "stuck" with that date for these motions Maline had.... what a waste of time - and feel so sorry for Patrick & the rest of the families to having to come back on Tuesday. Just doesn't seem right....

 

[Tortoise]

I just noticed this 13 minute video on L&C for the hearing that was held on 27 Sep 2019.

I don't think it was posted before.

 

[Tortoise]

Part 1 of yesterday's hearing - motion for a new trial

 

[Tortoise]

Part 2 of yesterday's hearing - motion for a new trial

 

[Tortoise]

Part 3 of yesterday's hearing - James McGee

 

[Tortoise]

Part 4 of yesterday's hearing - Judge's ruling

 

[Tortoise]

Patrick McStay's Victim Impact Statement

 

[Mony Mony]

Will anyone be streaming on Tuesday?

 

[mrjitty]

This court day was set for TWO HEARINGS.


Post Judgement Motions Hearing and Sentencing (@ 8:30am PT)

But Maline weaselled in and filed 2 extra motions 15 minutes before court began. So that threw things out of whack. And then Maline kept talking about all of these details that should have just been handed over earlier in a filed motion. Instead of being looked over before court and ruled upon earlier, the judge had to take a lot of extra time with the newest motions that had been filed that day.

Yeah but this is more of what I don't understand

Why does the judge not control procedure in his own court room?

You can't drop stuff on the day

 

[MrsPC]

I don't find his summary that unusual given the importance of the motion. It's critical he sets out all the grounds for his decision, in case it is appealed. That's actually what we want from a Judge! This judicial summary of the overwhelming evidence against the accused is great. We never had this before!

What i do find strange, because I am always confounded by Cali procedure, is why this is delivered as an oral judgement, on the day of another critical matter for which victims travelled.

Why was this motion not set down for a different day? Then the Judge could consider the matter, and deliver a written judgement, in his own time.

Didn't the judge say that Maline had submitted one or some of the motions just 15 minutes prior to the hearing?