Force Ten
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- Nov 6, 2012
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Absolutely true about how or where the murders occurred. But I think the defense's core argument is to challenge opportunity. That is why they put forth the theory the murders happened on the 5th, in the morning and they were all whisked away by multiple people, Dan included. This is even more laughable due to Dan's lack extreme lack of opportunity. There's no plausibility in this. Does Dan know enough young dudes willing to extinguish a whole family, including two young boys?Imo, that is not what Melissa was saying.
It's clear no prosecutor has the burden of proof when it comes to the murder location.
The state is allowed to have a THEORY based on what the gravesite evidence shows them. Imes layed out that theory using the compelling evidence showing it is a very reasonable logical conclusion.
What Melissa told the jury is true. The state has never told them conclusively they know for sure it DID happen inside their home, and no where else.
She even used the examples the DT putforth about it coulda..might have, may have happened on the 5th, and murdered else where.
Melissa even showed the jury how unreasonable that DT assumption is based on what was found at the gravesite along, and on the bodies.
No one was there when CM murdered them all. Like most all murderers they do their violent deeds in the secrecy of darkness without any living eye witnesses.
The jury can come to their own conclusions as to where it may have happened.
The state even told them that, and 6 can believe it happened in the home, 6 can believe it happened else where. Etc.
They do not have to have unanimous opinions on where it happened, what, how, exactly when or even why it happened.
None of those things are burdens the state must prove. They clearly laid out the legal burden required under law in the state's closing to the jury.
Imo, even before being selected to serve as a juror they were told the legally required burden they are there to decide. Imes mentioned that in his closing.
The jury knows they are not there to decide where, when, how, what or even what the motive happened to be.
They clearly know they are there to decide one thing only. Is CM guilty BARD of murdering all four members of the McStay family.
It's the same sole legal burden of proof in any murder case for all prosecutors in every state.
It includes all missing body murder cases where all of those other things remained uknown nor were they required for any defendant to be convicted BARD.
Jmho
Or does a hardened criminal likely have more callousness and grit to do the deed?
Who are you more apt to let in your home, have access to your emails, business, family, children? Joseph made some very poor choices and it caught up with him.
So did chase merritt.