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

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katydid23 said:
Merritt is NOT happy with this situation. He sees his freedom slipping away. He keeps putting his hands over his eyes, and holding his heads in his hands, in total desperation. He knows this is not going well....
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Good.


It’s still not one millionth of the pain and anguish he put this family though unfortunately in those final hours.
 
Looks like he was banking on the judge forgetting the trial testimony.

I have to give it to Judge Smith, he's sharp on evidentiary issues. I'm sitting here trying to remember the prosecutors' names :D
 
So NOW Maline has asked if the judge can hear from Chase. WTH? Is he going to testify now?

ETA+==oh, I heard it wrong? Chase wants to confer with Maline?

Here is what Chase wants to say to him:
What the fock are you doin, man? You are all over the place, rambling like an idiot. Come on man, get it together...
 
Is this an attempt at a hail mary by CM and Maline to get the Judge to put aside the verdict? OMG, what a circus. See you kids in about 30 minutes, I've got wood to stack. The McStay Family and friends must be livid.
 
katydid23 said:
He is hanging his hat on CM being at his sister's house instead of at the dump site----but the sister already denied, under oath, that her brother visited her that day. Am I remembering correctly?
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She told the lead investigator (Smith?) that when he interviewed her, can't recall if it was asked when she testified.
 
geevee said:
She told the lead investigator (Smith?) that when he interviewed her, can't recall if it was asked when she testified.
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When she testified she said she was drugged up when Smith visited her house. I can't remember if she testified Chase visited her or not, but I doubt she could remember a specific date that many years later.
 
so for those that are thinking this should all be done later in appeals or after the sentencing, that is actually not the case. Some of these motions needed to be filed BEFORE the sentencing.

By the sounds of it, Maline is arguing, prosecutorial misconduct (lying during the trial, withholding evidence), insufficient evidence (the case as a whole), newly discovered evidence (I would have to listen again, but it sounds like some of this cell tower info came late from the FBI?)


"Motion for a New Trial" in California Criminal Cases
What are the grounds to make a motion for a new trial?
There are six primary grounds for a defendant to make this motion. These are:

  1. jury misconduct,
  2. prosecutorial misconduct,
  3. an error of law by the court,
  4. insufficient evidence,
  5. newly discovered evidence, and
  6. loss or destruction of trial record or transcript.
When does a defendant bring a motion?
A defendant must file a motion for a new trial before either:

  1. the defendant's sentencing hearing begins, or
  2. the judge grants probation (if applicable).
 
There seemed to be a disagreement between the judge and Maline over when McGee first said he might have to withdraw from the case (ie. they first knew about these issues). Maline thinks it was later.
 
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