CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #18

Discussion in 'Trials' started by Tricia, Jan 9, 2019.

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  1. Karinna

    Karinna Well-Known Member

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    I would think the Jury will be able to see that information when they go into deliberation from what the PT has as evidence to that effect.
    (quote)
    KAVANAUGH: No involvement and no knowledge of who might have done it. I was in Hawaii for over a month before he disappeared.

    KAYE: And the evidence we uncovered seems to indicate that Kavanaugh was in Hawaii around the initial days of the McStay's disappearance.
    CNN.com - Transcripts
     
  2. mrjitty

    mrjitty Well-Known Member

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    These are all interesting questions, but of course Imes himself has some knowledge of what the defence team has claimed about McGee's condition in the last weeks.

    Clearly Imes felt it was incongruous to what had been told to the Judge. To my mind at least, the defence has some explaining to do.

    One would also say, when one is verging on seeking a continuance in such a big murder trial - it was rather a stupid thing for McGee to do?

    Of course there may be an innocent explanation, but after Maline's efforts to secure perjured testimony for one thing, I am now rather slow to believe them about anything. IMO this is a dirty team.
     
  3. mrjitty

    mrjitty Well-Known Member

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    IIRC I have been one of the Judge's biggest critics from the start.
     
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  4. MsFacetious

    MsFacetious What a Kerfuffle...

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    No.
    Even the travesties of justice I've watched myself were not the circus act this case has been.
     
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  5. mrjitty

    mrjitty Well-Known Member

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    NZ had a famous case like this which we all followed breathlessly in the 90s

    It was an abduction and rape of an 11yr old complainant. The complainant identified the accused - her neighbour. The DNA evidence pointed to a different offender. The defence believed this cleared the accused. The Prosecution made up a strange story about DNA transfer in the washing machine. Verdict: Guilty.

    It took years to reverse this, because the verdict was one theoretically open to the jury.

    Subsequently the real offender was convicted from the DNA profile. It seemed the victim was in trauma somehow and wrongly identified her neighbour as the perp. She still does to this day, but accepts he is innocent
     
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  6. mrjitty

    mrjitty Well-Known Member

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    Just to be clear - yes they have - but this will mainly emerge in rebuttal.

    It's been possible to piece together than the defence team has had various items of alibi evidence since 2016 at least.

    What now needs to happen is for the prosecution to produce and discuss them all cohesively together.
     
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  7. mrjitty

    mrjitty Well-Known Member

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    What evidence is there that Dan fled town?

    For all you know, Dan is still in town, or moved away years ago.
     
  8. mrjitty

    mrjitty Well-Known Member

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    I am leaning towards preferring a mistrial now.

    I think the judge has completely lost control of the procedure.
     
  9. mrjitty

    mrjitty Well-Known Member

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    I think DK's main jeopardy is that he helped himself to Joey's money. I dunno about statute of limitations etc but personally it would not seem smart to testify about all that stuff - even if only because he might get sued to account for the $$
     
  10. Niner

    Niner Long time Websleuther

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    Thursday, May 9th:
    *Trial continues –No court today (@ 9am PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt aka Charles Ray Mandel aka Charles Ray Morritt aka Chase Meredith (57/now 62) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance; plead not guilty. DP case.
    Trial started 1/7/19. Dark on all Fridays. 7 women & 4 men & 1 ? (alternates include 4 men & 2 women-minus one).
    Trial Days (1-47: 1/7/19 thru 4/30/19) reference post #492 here:
    CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #18

    5/1/19 Day 48: Defense witnesses: Dennis Shogren, defense financial accountant. Sgt Joseph Steers, re: the Mitchley awning. Detective Daniel Hanke, re: the paintball documentation. Trial continues on 5/2.
    5/2/19 Day 49: Defense witnesses: Sgt. Daniel Hanke (re visit to San Ysidro). Sgt. Gary Hart (re home phones) & Sgt. Edward Bachman (re FARO scan & DK's alibi). Had only morning session. Trial continues on Tuesday, 5/7.

    5/7/19 Day 50: Defense witness: Det. Edward Bachman Lead Investigator San Bernardino (asked about his investigation to verify Lavanaugh's alibi). Jury goes to early lunch. Before the jury was sent to lunch the judge addressed a request made by "several jurors" to see Merritt's truck in person. The judge is arranging for them to see it. The defense & judge are in chambers with the court reporter. Maline asked the judge for an ex parte hearing & motioned that it may have something to do with McGee. Defense is asking for a continuance due to attorney McGee's "condition". Judge says as far as the rest of the evidence if McGee & his doctor think he can continue next week then they will, if not they may have to talk about a continuance depending on predicted length of time. Defense witness: Det. DuGal. Trial continues on 5/8.
    5/8/19 Day 51: Judge will allow certain portions of CM’s redacted 2014 interrogation tape related to Feb. 4th & 6th. Jurors viewed CM’s truck in the morning. Jurors back at 1:30pm & when they come back judge said portions of the tape with Merritt will be played. Tape played for jurors. Defense witness: Gary Robinson (Defense investigator). Court adjourned until Monday, May 13, when the defense will finish up with Det. Bachman & show video excerpts from Charles Merritt's police interview. Court will then be dark until Tuesday, May 21.
    Tentative Schedule for week of May 6th thru May 10th: May 6th (Monday)-NO court-Judge not available. Court with jurors on May 7th (Tuesday), May 8th (Wednesday)-Defense expected to rest. May 9th (Thursday)-NO court (for a juror). Dark on May 10th (Friday).
    Tentative Schedule for week of May 13th thru May 17th: Court with jurors on May 13th (Monday). Rest of the week dark.
    Tentative Schedule for week of May 20th thru May 24th: May 20th (Monday)-NO court. Court with jurors on May 21st (Tuesday), May 22nd (Wednesday), May 23rd (Thursday). Dark on May 24th (Friday).



    Hopefully I have all the dates correct.... kind of hard to follow you guys and the tweets! :)
     
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  11. mrjitty

    mrjitty Well-Known Member

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    The development of the common law trial system in multiple countries over 100s of years kind of disagrees with that conclusion.
     
  12. mrjitty

    mrjitty Well-Known Member

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    It's reminding me of the Roux fiasco

    If it may please the Court, I shall bring hard evidence to prove my client screams like a woman!

    These corrupt cops have framed my client with a duvet and curtains!
     
  13. mrjitty

    mrjitty Well-Known Member

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    So some obvious beefs here

    1. The report was written last night and then "discovered" as they are sitting their addressing the judge. This is all clearly seat of the pants or worse. LOL. Also report only covered DK, not the other witnesses.

    2. Implication is allowing service evidence essentially invites speculation about DK. Fair point IMO.

    3. Obviously in closing the state will highlight the defence's failure to call logical witnesses (outside of the defendant). Hence why the defence need this.

    I think a fair balance would have been an extremely limited examination as to service efforts. But i have sympathy for the prosecution point that the PI witness doesn't prove any facts in dispute. All he does is raise improper speculation and open the whole door to the 5th amendment discussion.

    The Ricobene one is even worse. This is the defence's witness and their failure to produce her is all on them

    I really hope the State now goes and finds him :p

    For me there is a heavy suspicion that the defence don't actually want either of these 3 witnesses to testify
     
    Last edited: May 9, 2019
  14. mrjitty

    mrjitty Well-Known Member

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    Part II (and IMO more serious)

    Maline's dodgy transcript. For me it's simply unthinkable and embarrassing that you would screw this up but however.

    One could make allowances that he is simply overworked (this is the kind of work an assistant would action and very carefully check).

    But when he keeps doing this kind of thing, one gets the impression (per Imes) that he was trying to pull a fast one here.

    ETA - seems likely Maline simply emailed the State the redacted transcript with lots of mistakes, at least some of which he later fixed.
     
    Last edited: May 9, 2019
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  15. mrjitty

    mrjitty Well-Known Member

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    This was possibly the most fascinating aspect of the exchange and got to what is really going on here.

    Per Daugherty, what the defence is really trying to tunnel into is that the State didn't call this witness and then pretend that then the defence tried to get him.

    In reality, neither side wish to call this witness for tactical reasons. For the State, he will simply plead the 5th as Daugherty indicated.

    i think for the defence the risk is that he doesn't plead the 5th and proceeds to fit Chase up. DK can testify to discussions involving Chase when the defence cannot call CM to rebut. per Daugherty's argument, the Court is potentially opening up the contents of the defense opening.

    Danger Will Robinson! So in reality neither side is serious about this witness. The defence prefers speculation that DK is "on the run"!

    Riccobene is even worse. She is a defence witness and Maline interviewed her. So potentially the State could now call Maline :confused::eek::cool: They could delve into how the defence sequestered this junkie.

    I feel the Judge is reaping the whirlwind here because he allowed so much nonsense in the first place.

    The risk the defence is running is that their opening hangs in tatters.

    But they are trying to replace that with "DK is on the run!"
     
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  16. mrjitty

    mrjitty Well-Known Member

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    So the Judge finally made some effort to chew out Maline when he wanted to examine the witness on attempts to locate all 3 witnesses, but only had a discovery report on DK from the night before.

    So then Maline says oh then we have to bring this witness back later.

    So the clear implication is that they deliberately haven't bothered to create/discover the report on the 2 women, so as to cause a big delay.

    Cleary the "both sides" argument wore thin with the Judge who pointed out it was more frequently Maline doing this.

    But what I don't understand is why the Judge allows that explanation in the first place. Why not demand counsel explain himself for the here and now?

    i.e. why are two people missing out of the report?

    it continues to amaze me that the judge allows this.
     
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  17. Karinna

    Karinna Well-Known Member

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    Yes exactly, and it's not like he is a fugitive running from the law,LOL.
     
  18. mrjitty

    mrjitty Well-Known Member

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    If Maline pulled that snide comment in my Court room i stand him up and dress him down

    I would also tell him in no uncertain terms not to bring unprepared witnesses to my Courtroom.

    You get your slot. If he is not ready to testify, thats your tough luck unless you have a bloody good explanation.

    This staggers me really.

    Oh sorry your honour my witness is not ready but i'll be bringing him back sometime?

    What self respecting judge allows such tomfoolery?

    The only kudos I will give the judge is his patience in front of extreme provocation - however i think he is being unrealistic that we are "nearly finished" after just reviewing how more than a month was lost thanks to defence silliness
     
    Last edited: May 9, 2019
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  19. Tortoise

    Tortoise Well-Known Member

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    Even if the police didn't fully investigate his alibi, the case would at best be that it's speculative that DK assisted CM with the murders. With zero evidence they conspired.

    If CM and DK were charged together as co-conspirators, based on an IP address in San Diego and competing transactions in Hawaii including purchase of flights, and a photo of him there, and an ex-girlfriend who laid charges against him and detests him but also testifying he was in Hawaii with her, and no evidence of a conspiracy, the case against DK wouldn't have made it through the preliminary stages.

    CM would not be off the hook with all the evidence he was at the crime scenes of the house, the Trooper and the graves.

    No one has seen a shred of evidence DK did this and yet it is claimed based on sheer speculation of a motive, that this creates doubt over all the many strands of evidence against CM. Including physical DNA on the steering wheel in larger quantities than Joey's own wife, and not an iota of evidence they even met for lunch, let alone that he touched anything of Joey's on the 4th.

    I need to pinch myself sometimes.

    JMO
     
  20. mrjitty

    mrjitty Well-Known Member

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    Only thought on process server testimony.

    Seems to be clear that LE may know where DK is (seems likely they'd be up to speed on this)
     
    Last edited: May 9, 2019
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  21. Karinna

    Karinna Well-Known Member

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    If they really wanted DK badly enough they would of found or located him to serve a subpoena on him by now.
    This BS with DK is just a diversionary tactic by the defense. It means nothing IMO. Just wasting court time.
     
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