CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #12

[oceanblueeyes]

LOL I thought oceanblueeyes was referring to the JUDGE when posting he is going to be completely exhausted at the end of the day. I do agree though, Rob is doing a fantastic job with the reporting/tweeting and will be exhausted at the end of the day too.

Thanks. Yes I was talking about the judge. Lol

Imo

 

[missy1974]

So more of the same...

McGee complaining that the prosecutors went to the defense witnesses to get their reports last week, because defense hasn't provided discovery yet, and the prosecution complaining that this is defense by ambush, and the defense complaining that the prosecution conducted their case by ambush.

Judge ended up by telling defense they would have to file a motion if they want to allege prosecutorial misconduct, he was not prepared to go into it this morning with the witness scheduled and the jury waiting.

The judge said he would hold a hearing for prosecutorial misconduct. He agreed that the prosecutor's could contact their witnesses, however, it's not as clear about demanding all notes, bench notes, etc from the potential witness and should have gone through the attorney's.

A lot of these hearings IMO are for the record and for any issues later. If the defense and/or the State do not raise the issue at the time, they can't say something later in appeals, etc.

 

[missy1974]

Rob McMillan‏Verified account @abc7robmcmillan 24s25 seconds ago
Defense counsel asks expert how much he will be paid. Expert said $10K for the report, $4K to testify. Defense asks when he was asked to testify. Expert answered that it was within the past week.

Shoot... not bad for a weeks worth of work and a few hours of testimony LOL ANDDDDD if that is US funds, he's kicking butt living in Canada

 

[Tortoise]

The judge said he would hold a hearing for prosecutorial misconduct. He agreed that the prosecutor's could contact their witnesses, however, it's not as clear about demanding all notes, bench notes, etc from the potential witness and should have gone through the attorney's.

A lot of these hearings IMO are for the record and for any issues later. If the defense and/or the State do not raise the issue at the time, they can't say something later in appeals, etc.

BBM I think he said the defense would need to file a motion.

 

[missy1974]

Poor guy, he must be exhausted at the end of each day having to play daddy! LOL!

oh c'mon... I'm pretty sure the judge takes naps during testimony

 

[citygirl]

Jurors love visuals where they can see things for themselves.

No matter what the defense says about confirmation bias it will be up to them to believe the image is CMs truck.

Imo

I am that kind of juror. When you get into the intangibles like DNA and alleles I am out.

 

[missy1974]

I'm thinking of joining twitter just so I can click on this reporter's heart. He's doing a great job.

He is doing a spectacular job!!!!! I messaged him earlier to let him know I don't like using my personal twitter... I need to make a 2nd twitter account for the cases I follow lol

 

[citygirl]

I agree, however... I'm not convinced about the latch being what is reflecting. It's too bad that we will probably never see all this video

Nor the defendant's face while seeing it.

 

[missy1974]

BBM I think he said the defense would need to file a motion.

Yes, but the judge said he would hold a hearing if they wanted them to, so I don't expect him to deny the motion outright. I don't think there will be any big bombshell developments over it, but they need to do it to preserve the record in case it becomes relevant later in appeal. JMO

 

[smr]

Rob McMillan‏Verified account @abc7robmcmillan 24s25 seconds ago
Defense counsel asks expert how much he will be paid. Expert said $10K for the report, $4K to testify.

How much money was Chased accused of murdering JM for? If you think that's a lot of money, then $14,000 is a lot. If you think $14,000 is not much, then that amount wasn't a lot.

 

[missy1974]

Nor the defendant's face while seeing it.

Meh, I don't read much into that stuff lol If we had a "Chase cam" to show us his reaction to everything, maybe, but we only see bits and pieces when L&C wanted to show us.

 

[oceanblueeyes]

So more of the same...

McGee complaining that the prosecutors went to the defense witnesses to get their reports last week, because defense hasn't provided discovery yet, and the prosecution complaining that this is defense by ambush, and the defense complaining that the prosecution conducted their case by ambush.

Judge ended up by telling defense they would have to file a motion if they want to allege prosecutorial misconduct, he was not prepared to go into it this morning with the witness scheduled and the jury waiting.

Wait, I just reread your post.

You mean to tell me the defense hasn't turned over required discovery on their experts when the defense case is beginning???

I've never heard of such a thing happening in any other case.

CA is a reciprocal discovery state. So it seems the defense is purposefully sandbagging.

If I l was the state I would be the one to file a motion on unethical misconduct by the defense.

Imo

 

[UndiscoveredTruth]

We're back!!! @Tortoise

Rob McMillan‏Verified account @abc7robmcmillan 3m3 minutes ago
The defense asked that the expert whether it was possible to reconstruct where the source of a reflection on the truck emanated from. The expert said it's possible.

 

[missy1974]

LOL I thought oceanblueeyes was referring to the JUDGE when posting he is going to be completely exhausted at the end of the day. I do agree though, Rob is doing a fantastic job with the reporting/tweeting and will be exhausted at the end of the day too.

you mean she wasn't talking about the judge? haha

 

[citygirl]

oh c'mon... I'm pretty sure the judge takes naps during testimony

Oh no. He just wants you to think that. He is on it. Silent but deadly if need be. MOO.

 

[citygirl]

Meh, I don't read much into that stuff lol If we had a "Chase cam" to show us his reaction to everything, maybe, but we only see bits and pieces when L&C wanted to show us.

I do. Jurors do, too. They observe the defendant, as they should. Take stock of everything going down: Witnesses and attorneys, as well. Yes, it's about the evidence but everything else comes into play. MOO.

 

[wary]

oh c'mon... I'm pretty sure the judge takes naps during testimony

My impression on the detailed way he rejected the defense motion to dismiss—he must sleep with one eye open.

 

[UndiscoveredTruth]

Rob McMillan‏Verified account @abc7robmcmillan 3m3 minutes ago
They’re now watching the surveillance video in a repeated loop. The defense is arguing the evidence of the light, reflection, source of light, etc. They are trying to get the expert to say it could be another vehicle and NOT Charles Merritt’s truck.

Video at link:
Rob McMillan on Twitter

Rob McMillan‏Verified account @abc7robmcmillan 1m1 minute ago
Defense to expert: “Aren’t you showing bias?” He accuses expert of trying to find whatever evidence matches the theory he wants to reach.”

 

[missy1974]

Wait, I just reread your post.

You mean to tell me the defense hasn't turned over required discovery on their experts when the defense case is beginning???

I've never heard of such a thing happening in any other case.

CA is a reciprocal discovery state. So it seems the defense is purposefully sandbagging.

If I l was the state I would be the one to file a motion on unethical conduct by the defense.

Imo

I would have to listen again, but I think maybe they got the reports, they wanted bench notes, notes, etc. Will listen again later

To be clear though... the prosecutor's have done the same ocean. They did it with Dr. Rudin (remember there was a hearing and we found out that notes, etc. were also not handed over but the defense didn't contact him directly to ask), the witness that is testifying today was only hired after they decided to not call Dr. Rudin, so they actually did not give the defense 30 days either, which apparently, is permissible LOL I think the argument that the defense was saying, they gave them a list, but they have not decided who they are calling and when they do, they will notify the prosecutor's (paraphrasing). There was a hearing early on in this case and the prosecutor said the same thing, and they told the defense they can "find" contact information in the police reports, etc. <<< IMO that was not very 'ethical' either, but it is what it is lol

This isn't a pro defense, or pro prosecutor thing... this is just how it's done there from my understanding throughout this trial IMO

 

[missy1974]

I do. Jurors do, too. They observe the defendant, as they should. Take stock of everything going down: Witnesses and attorneys, as well. Yes, it's about the evidence but everything else comes into play. MOO.

But we don't get to see him all the time like the jurors. JMO