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

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

You can ethically represent someone you believe is guilty. But you can't put them on a stand and present testimony you know is false. Except perhaps through a narrative which be objected to.

It seems to me it's either he wants to claim ineffective assistance of this particular counsel or maybe wants to pursue a course of action this attorney can't get behind ethically.
 
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

That might be part of his reasoning.

But what about this part:

"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.”


This^^^ says 'the motions Mr. Merritt wishes to bring has created an actual conflict of interest.'
That doesn't sound like a scheduling conflict with a deadline for candidacy.
 
That might be part of his reasoning.

But what about this part:

"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.”


This^^^ says 'the motions Mr. Merritt wishes to bring has created an actual conflict of interest.'
That doesn't sound like a scheduling conflict with a deadline for candidacy.

Yeah, that's why I said "if it's the reason" ... there were other things said during that hearing that also doesn't seem to fit this reason.

Still sounds like they are considering arguing ineffective assistance of counsel. This site gives a quick overview of a Motion for a New Trial How to Make a "Motion for a New Trial" in California Criminal Cases
 
I shouldn't be surprised that there's YET MORE delays in this poor family's quest for justice, because it's been par for the agonizingly long course. Well, small comfort in the fact that he was finally found guilty and isn't going anywhere for a very very long time.
 
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.
McGee believes heart and soul that DK was involved in the murders? Well Mr. McGee, perhaps that's why your boy got convicted of 4 counts of murder. Sounds like you got stuck on the DK train and couldn't get off.

In my opinion, it makes zero sense that both DK and Merritt were involved. I can't wrap my head around any scenario that DK orchestrated and Merritt carried out the plan. IF Merritt weren't so obviously complicit I might be able to buy a story where DK orchestrated a plan and someone else executed it but there's no way the 2 of them worked together. Why would they? Plus, I think DK genuinely cared about Joey and his well being whereas Merritt genuinely cared about Joey's money and the ways in which he could take advantage of Joey and his kindness.
 
McGee believes heart and soul that DK was involved in the murders? Well Mr. McGee, perhaps that's why your boy got convicted of 4 counts of murder. Sounds like you got stuck on the DK train and couldn't get off.

In my opinion, it makes zero sense that both DK and Merritt were involved. I can't wrap my head around any scenario that DK orchestrated and Merritt carried out the plan. IF Merritt weren't so obviously complicit I might be able to buy a story where DK orchestrated a plan and someone else executed it but there's no way the 2 of them worked together. Why would they? Plus, I think DK genuinely cared about Joey and his well being whereas Merritt genuinely cared about Joey's money and the ways in which he could take advantage of Joey and his kindness.
Totally agree. And DK & Joey had known each other much longer than the murdering Merritt had known JM.
And if either of the DT attorney's could prove anything against DK. then why didn't they pursue it, subpoena him and put him up on the witness stand?
Couldn't find him, my *advertiser censored**.
 
Totally agree. And DK & Joey had known each other much longer than the murdering Merritt had known JM.
And if either of the DT attorney's could prove anything against DK. then why didn't they pursue it, subpoena him and put him up on the witness stand?
Couldn't find him, my *advertiser censored**.

IF they 100% believed DK was the killer, they totally screwed up presenting their case.

They made a HUGE deal about DK's ex gf and her accusations that he confessed to the killings, made a powerpoint of her testimony, then never put her on the stand, and then kind of shrugged, like 'whatever.' And blamed the State for not calling her.

It is hard for me to believe that the defense attorneys really believed that DK was the killer. They made insinuations against Mike McStay and even the house painter---why do that if they knew the killer was DK?

And they surely didn't do much to try and find their 'real killer.' One of our members found him in a matter of hours.
 
Maybe the conflict between the attorneys is McGee thinking DK was complicit in the murders and Maline doesn't agree so they can't agree on a future course of action. This scenario isn't necessarily a conflict of interest but it's a possibility given what's mulling around the rumor mill.
 
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.

I felt this was the conflict all along. I'm not sure him running for a judgeship is really the heart of the matter due to the conflict.

Pitting one attorney against the other one is highly unethical. Imo. in fact I cant recall any case at the moment where it's been allowed to happen either. Imo, JS will not allow this last phase to go off the rails either.

Imo, it's just like I had thought earlier when first learning of another delay. Sigh.

McGee knows this is not the phase to retry the case. That's over. The jurors have spoken loud, and clear. They are the trier of facts for a valid legal reason.

Maline however for some strange reason is willing to do Merritt's bidding, ethics be damned which I find very strange even for a defense attorney.

Not only is it a ridiculous insane strategy ...no other ethical defense attorney would be willing to do, it's a total waste of the court's time along with a slap in the face of all 12 jurors who found him guilty, and recommended death to be imposed.

It's amazing how a psychopath can find someone willing to do their bidding for them.

If Maline goes this route he is more than willing for the appellate court to find he was ineffective for if he retries the guilt phase in this last phase, he will be.

However, whether Maline willfully agrees to do as the convicted puppet master demands it still won't work, because he was given a rigorous defense along with McGee.

If Maline agrees to be in lockstep with CMs demands, he deserves to be disbarred. Imo

Jmho
 
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McGee believes heart and soul that DK was involved in the murders? Well Mr. McGee, perhaps that's why your boy got convicted of 4 counts of murder. Sounds like you got stuck on the DK train and couldn't get off.

In my opinion, it makes zero sense that both DK and Merritt were involved. I can't wrap my head around any scenario that DK orchestrated and Merritt carried out the plan. IF Merritt weren't so obviously complicit I might be able to buy a story where DK orchestrated a plan and someone else executed it but there's no way the 2 of them worked together. Why would they? Plus, I think DK genuinely cared about Joey and his well being whereas Merritt genuinely cared about Joey's money and the ways in which he could take advantage of Joey and his kindness.

I don't trust any MSM today. I have found they will flip things around as to what their inside sources say.

I think it's far more likely is Maline who believes this nonsense.

More, and more I'm realizing when the MSM says it's someone it's the total opposite or what they accuse someone else of doing... they are actually the guilty ones themselves. :)

Either way no matter which one, it has no relevance whatsoever in the final stage of imposing death.

We all know by now if they had one scintilla of evidence DK was the one, they would have fallen all over themselves to show the proof instead of failing miserably instead.

JS gave them wide latitude to put up the proof they had promised in OS, but they had no evidence so they thought they could feed the jury BS instead, and whines because the jury refused to bite.

Jmho
 
That might be part of his reasoning.

But what about this part:

"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.”


This^^^ says 'the motions Mr. Merritt wishes to bring has created an actual conflict of interest.'
That doesn't sound like a scheduling conflict with a deadline for candidacy.

I think we knew all along Merritt, aka puppet master, who was the one created this conflict in the first place.

It's always been ironic to me how deadly mass murderers don't blink an eye when brutally taking all of their victim/s lives from them, but will think of every scam they can come up with trying to delay them going to death row once death has been imposed.

Imo,even if this conflict is resolved, he's already thinking of what else can causes more delays.

Jmho
 
I don't trust any MSM today. I have found they will flip things around as to what their inside sources say.

I think it's far more likely is Maline who believes this nonsense.

More, and more I'm realizing when the MSM says it's someone it's the total opposite or what they accuse someone else of doing... they are actually the guilty ones themselves. :)

Either way no matter which one, it has no relevance whatsoever in the final stage of imposing death.

We all know by now if they had one scintilla of evidence DK was the one, they would have fallen all over themselves to show the proof instead of failing miserably instead.

JS gave them wide latitude to put up the proof they had promised in OS, but they had no evidence so they thought they could feed the jury BS instead, and whines because the jury refused to bite.

Jmho
OBE, I agree 100%! I actually had to go back and read the article a couple of times to verify it said McGee and not Maline.
 
I don't know why but my rusty memory just dredged up something McGee said (think it was during closing arguments, guilt phase but could be wrong) which went against one of Judge Smith's rulings during McGee's sick leave. At the time wasn't there talk of McGee being accused of attorney misconduct and him saying he wasn't aware of rulings made during his absence? I'm so sick of this now I can't be bothered to watch it again but I'm wondering if this has anything to do with the bus that's heading towards him.

Might have nothing to do with this fiasco but thought I'd mention it.
 
I don't know why but my rusty memory just dredged up something McGee said (think it was during closing arguments, guilt phase but could be wrong) which went against one of Judge Smith's rulings during McGee's sick leave. At the time wasn't there talk of McGee being accused of attorney misconduct and him saying he wasn't aware of rulings made during his absence? I'm so sick of this now I can't be bothered to watch it again but I'm wondering if this has anything to do with the bus that's heading towards him.

Might have nothing to do with this fiasco but thought I'd mention it.

It was a ruling that the judge made previously that was not so clear, he didn't remember, and seemed like he actually didn't even agree with is own ruling.... that the defense couldn't bring up that the State didn't call DK as a logical witness during closing arguments. The previous ruling was not very clear, McGee wasn't there at the time... Maline didn't clarify at the time, and it was never brought up again until closings.... judge said he would admonish the defense in front of the jury (and did)... McGee wanted to get it on the record that to do so would be a violation of State and Federal due process - the right to effective assistance of counsel.

Another reason to believe that this is the argument that the Motion for a New Trial will focus on. JMO
 
OBE, I agree 100%! I actually had to go back and read the article a couple of times to verify it said McGee and not Maline.

Hi there my friend!

I've reread it closely several times too, and ITA.. the conflict is between McGee, and the baby killer.

So of course Maline must think it's acceptable ethical behavior to pit one defense attorney against the other one.

This one case, including all trial phases has been the most bizarre I've ever followed even including others in CA.

Just when I think it can't possibly be any more bizarre, I'm fooled once again.

All of these purposeful maddening long delays have to be so traumatizing to all of the McStay family members.

Anytime there is finally hope their years long nightmare is ending, CM makes sure it isn't.

Even though he should be on death row already he is still relishing in evil delight knowing he can keep revictimizing, and controlling them all.

I have seen the worst evil imaginable after following cases as long as I have, but CM is without a doubt, is one of the worst pure demonic evil done by those who must be some kind of dangerous subhuman species.

Even the rest of the worst usually take their punishment, and go to prison or DR.

NOT this one though. Imo, he's a sadist.

He's not through inflicting more emotional trauma for those who have had to live for many many years now knowing what he did to 4 beautiful members of their families.

Imo, he knows he still weilds the emotional sledgehammer, and will continue until this madness finally ends.

Jmhoo
 
I find it interesting that some seem to not remember the defense and there claims about finding and subpoenaing DK and his gf that was with him in Hawaii. AIRC the defense claimed they couldn't find the gf, yet the prosecution found her and she did testify in court. They also said they couldn't find DK, but he was talking to many friends posting on the internet and speaking to friends. The defense never made any real attempt to find DK and subpoena him. It's clear to me they didn't want DK to appear or testify because they knew he would blow holes in the defenses case claiming he did it. Just as the gf did when she testified DK was in Hawaii and in the seat next to her on the flight back to CA in February after the deaths. The defense continued to claim that DK wasn't in Hawaii. So why didn't the defense make any effort to find DK?
 
Thank you ALL for the updates - just now catching up with all my threads.... :rolleyes:

Here's an update on what I have from reading all the posts here.
46x32px-LL-935065d8_spointing_down_100-100.gif
 
Updates below in red.

Friday, Sept. 27th:
*Sentencing Hearing-Delayed! (@ 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 aka Chase Jarvis (57/now 62) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance. Plead not guilty. Held without bond. DP case.
Trial started 1/7/19 and ended on 6/24/19. Dark on all Fridays. Jurors started with 8 women & 4 men; now have 9 women & 3 men (alternates started with 4 men & 2 women-alternates left 1 men & 1 woman). Took about 22 hours of deliberations for guilty verdict on all 4 counts of 1st degree murder with special circumstance.
Trial Days (1-63: 1/7/19 thru 6/7/19) & Verdict (6/10/19) & Penalty Phase (Day 1-5: 6/11/19 thru 6/21/19) reference post #998 here:
GUILTY - Chase Merritt Charged W/Murder of Joseph, Summer, Gianni and Joe Jr McStay #4

6/24/19 Day 6: Jurors have reached a verdict after 5 hours of deliberations. It will be read at 4pm. Verdict: Count 1 LWOP (Joey), Count 2 Death (Summer), Count 3 Death (Gianni), Count 4 Death (Joey, Jr.). Judge dismisses jurors. Judge Smith sets sentencing on Sept. 27.
9/27/19 Update: The lead defense attorney James McGee has filed a motion (on 9/17/19) to withdraw from the case and asked to delay the scheduled Friday, Sept. 27, sentencing of his client. In a court filing, James E. McGee said a conflict of interest has emerged that prevents him & 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.” Judge met with counsel & Merritt in chambers to discuss further. Judge: Defense needs additional time to file any motions for a new trial and to reduce the sentence. Judge set deadlines: Motions (Motion for New Trial & Motion for Reduction of Sentence) by defense to be filed by Nov 22, response from state Dec. 9. Hearing on McGee's motion to withdraw is set for Nov. 1 (closed hearing). Sentencing hearing was rescheduled for December 13th, post conviction defense motions will also be heard on that date. Both at 1:30pm. Judge: If we reach the point where Mr. McGee still says he has a conflict and he can't continue we need to reassess if Mr. Maline can continue.
 
I find it interesting that some seem to not remember the defense and there claims about finding and subpoenaing DK and his gf that was with him in Hawaii. AIRC the defense claimed they couldn't find the gf, yet the prosecution found her and she did testify in court. They also said they couldn't find DK, but he was talking to many friends posting on the internet and speaking to friends. The defense never made any real attempt to find DK and subpoena him. It's clear to me they didn't want DK to appear or testify because they knew he would blow holes in the defenses case claiming he did it. Just as the gf did when she testified DK was in Hawaii and in the seat next to her on the flight back to CA in February after the deaths. The defense continued to claim that DK wasn't in Hawaii. So why didn't the defense make any effort to find DK?
BBM, Because IMO they are FOS. They knew they couldn't put DK on the stand because he would be a liability to their defence and remove the last little bit of doubt that he wasn't involved.
This way there can still be accusations thrown at DK and try and implicate he was somehow involved without ever having had him up on the witness stand so he had the opportunity to clear himself publicly. Just how i see it anyway.
And wasn't it Maline who has vowed he's going to see this through to the bitter end backing the murderer until Merritt is free, Barf!
 
I find it interesting that some seem to not remember the defense and there claims about finding and subpoenaing DK and his gf that was with him in Hawaii. AIRC the defense claimed they couldn't find the gf, yet the prosecution found her and she did testify in court. They also said they couldn't find DK, but he was talking to many friends posting on the internet and speaking to friends. The defense never made any real attempt to find DK and subpoena him. It's clear to me they didn't want DK to appear or testify because they knew he would blow holes in the defenses case claiming he did it. Just as the gf did when she testified DK was in Hawaii and in the seat next to her on the flight back to CA in February after the deaths. The defense continued to claim that DK wasn't in Hawaii. So why didn't the defense make any effort to find DK?
I don't think people are referencing the girl who was with him Hawaii (Lauren Knowles) but rather his later gf (name escapes me) who went to the defense with claims that DK confessed to the murders but was unable to be located.

It's amazing to me that the defense bolstered so many things that was going to carry their client to victory and everything fell flat.
 

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