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

[missy1974]

Any bets on who the defense will call first?

Cathy Russon‏ @cathyrusson
#McStay - The prosecution's case-in-chief is over. Defense will begin their case tomorrow. We expect Catherine Jarvis to be among the first witnesses.

 

[missy1974]

Unless you're a defense attorney, then tape magically ends up around the victims hands.

There is about as much evidence that the tape happened as there is that they were killed in the house. IMO

 

[oceanblueeyes]

While I'm glad the DT is going to stress to the jury Summer was raped, I'm not sure that is a wise choice.

They are putting into the minds of the jury not only was this poor woman kidnapped, and murdered but she was also raped.

If it winds up with the jury believing CM is the guilty one, they have made it even worse by wanting them to believe she was raped.

If they believe she was raped, and also believe CM is the sole culprit that accusation is going to blow up in their face because feeling she was raped will be more grounds to impose the DP.

That's a very risky move that can greatly backfire. Imo

Imo

 

[JMarsh]

I didn't think they were losing ground at all, they are doing what they have done since the beginning, challenging the witness, attacking the "confirmation bias", etc. He was challenging him on the reflection off the latch thing... and McGee made some good points, there were 2 other latches on the side of the truck, one in the same position, another one turned another way, why didn't they reflect whatever the other latch was reflecting? Why wasn't there a reflection off the passenger window? or the side mirror? Why wasn't the fire hydrant showing a reflection of the same light? or the manhole in the street? When Liscio said maybe a physicist could answer that... well...

The whole truck reenactment is ludicrous. There was never enough visual to make a definite ID. All the fancy 3D- imaging in the world isn't going to change that. If the camera didn't capture a license plate number, or a pic of the driver. Or at the very least the DA had located an eye witness who could say the truck looked like one they'd seen before in the McStay drive, it means nothing. And in a way the DA's insistence on bringing witness after witness to try and make something out of nothing, exposes the inadequacies of this "evidence" even more.

Also, all these recreations have the truck veering very close to the sidewalk. Most drivers would drive center, coming out of a cul de sac. It almost looks as if another vehicle was approaching from the opposite direction, and the truck blocked view of it from the surveillance camera.

For all we know, the neighbor's surveillance captured a vehicle that made a wrong turn.

 

[Recidivist]

Any bets on who the defense will call first?

Someone said it was going to be Cathy Jarvis.

 

[JMarsh]

There are also too many unknowns. Where was the Dodge parked? Where was the trooper parked? The DA should never have relied on this video clip for anything other than to negate the theory that the McStays left their home, in the Trooper at 7:47, 2/4/2010.

And was the Dodge ever checked to see if it matched the specs in that video clip?

 

[oceanblueeyes]

Any bets on who the defense will call first?

Morning J!

For my own personal wants I hope its Jarvis!

I dont want to hear a bunch of mumbo jumbo experts just yet unless they are short to get to the point Lol!

 

[Tortoise]

The knife thing was confusing... the tape thing... because there was a roll of tape, I guess that's a possibility? lol But there was no lose tape, no tape found in a way that it would look like she was restrained, so clumps of balled up unrolled tape. JMO

I imagine there is a possibility that Summer was restrained to a chair before she was murdered. I wonder if she was sitting down having a coffee while the kids were having snacks, when he arrived. Maybe he needed a pin no. or a password to Joey's email or voicemail and she may or may not have complied, because I still do think she was seated when he struck her under the jaw and around the head. If she was standing it's pretty awkward (not impossible) to hit someone under the chin, I think it's more likely to be from a height advantage.

So then the tape would have to be removed to get her off the chair, and balled up and taken, especially if it may have had blood drops on it.

JMO & speculation

 

[missy1974]

What has the prosecutors been doing?

Well state prosecutors don't have the luxury of picking, and choosing cases on their own schedule, and if they want to or not.

Prosecutors have hundreds of criminal cases in the justice system or maybe even thousands, every single year that either have to go to trial or they are constantly meeting with defense attorneys who want plea deals for their client.

Prosecutors are always stretched thin because of all they have to do.

They have countless hearings they must attend before a judge in ALL cases.

Defense attorneys can pick, and choose the cases they want to be involved in. They do not have nearly the case load prosecutors do.

The only defense attorneys who are overworked are public defenders.

I too see a double standard. It's okay if the DT does it with all of their experts, but not okay if the state does it, even though the defense had a long continuance to prepare for this ONE expert.

Imo

So the prosecution get's a pass? They have had 4 1/2 years. I do understand that they are busy, overworked, etc., however they are the one's that charged him and put the death penalty on the table. They did have Dr. Rudin, I guess it's not their fault that he was a wingnut (imo) on the witness stand, or maybe he did a few too many calculations for their liking and he just wasn't going to say what they needed him to say. But IIRC Dr. Rudin was contacted years ago, maybe they should have determined that before a 402 hearing.

The defense didn't need a few days for this witness, they needed it to be ready to start their own case IMO They asked for a few days, the judge gave them until yesterday, which turned out until today because well... the State had a late witness. Which probably makes sense, let the State rest on their own witness, rather than a few days of defense case and then put this guy on the stand. JMO

 

[thelmadawg]

Thelma, we don't know a darned thing. You are one of the "originals" who were around at the time. How Spring got his information is a nebulous story dealing with Mexico and its officials, with whom he had a long-time relationship. James Spring and his report were ultimately shelved, because LE could not or would not corroborate what he said in it. All that aside, just read it. It is extremely detailed - the twin cell towers on either side of the bridge, and the phones pinging off of them. For what reason would Spring fabricate this elaborate tale? It does not make any sense for him to have done so. As I have previously posted on this subject, I cannot help but believe that the fate of the McStays is somehow tied to that Bonsall Bridge.

I couldn't recall where that info came from. Is his info online anywhere? Thanks!

 

[missy1974]

Morning J!

For my own personal wants I hope its Jarvis!

I dont want to hear a bunch of mumbo jumbo experts just yet unless they are short to get to the point Lol!

I'm with you!!! LOL my brain hurts from listening to that testimony last night With just the audio, it's different.... if I hear Liscio say "okay" one more time, I might have to go to Toronto and give him a swift kick haha

 

[missy1974]

I imagine there is a possibility that Summer was restrained to a chair before she was murdered. I wonder if she was sitting down having a coffee while the kids were having snacks, when he arrived. Maybe he needed a pin no. or a password to Joey's email or voicemail and she may or may not have complied, because I still do think she was seated when he struck her under the jaw and around the head. If she was standing it's pretty awkward (not impossible) to hit someone under the chin, I think it's more likely to be from a height advantage.

So then the tape would have to be removed to get her off the chair, and balled up and taken, especially if it may have had blood drops on it.

JMO & speculation

Yeah, I recall having the discussion when we learned more about the sweatpants... I think it's possible, there are just so many possible scenario's!

One thing I didn't catch the first time around (or didn't remember) but caught the other day when looking at photo's of the house from the 19th.... they actually went through the garbage from the bins to check for any blood on papers, or stuff that was thrown out by the family before they got there, like the newspapers that were on the floor.

 

[oceanblueeyes]

I'm with you!!! LOL my brain hurts from listening to that testimony last night With just the audio, it's different.... if I hear Liscio say "okay" one more time, I might have to go to Toronto and give him a swift kick haha

Lol! I hear ya!

I'm that way when I try to listen to any of the testimony when Maline is doing the cross.

I just can't endure it for more than 5 minutes at a time. Lol!

 

[oceanblueeyes]

Yeah, I recall having the discussion when we learned more about the sweatpants... I think it's possible, there are just so many possible scenario's!

One thing I didn't catch the first time around (or didn't remember) but caught the other day when looking at photo's of the house from the 19th.... they actually went through the garbage from the bins to check for any blood on papers, or stuff that was thrown out by the family before they got there, like the newspapers that were on the floor.

If Summer was made to strip off her panties, and sweatpants at the same time, and had her bra cut in half, thats so heartbreaking to know she went through such degradation, and humiliation by her killer.

Imo

 

[missy1974]

Lol! I hear ya!

I'm that way when I try to listen to any of the testimony when Maline is doing the cross.

I just can't endure it for more than 5 minutes at a time. Lol!

I sometimes wonder what McGee thinks when Maline is questioning LOL He's not my favourite either lol His questions are never clear, or not complete sentence's, or something.. lol

 

[oceanblueeyes]

In regard to Gov. Newsom's moratorium on the death penaltly, I don't think this impacts Chase Merritt at all. All Newsom is stating is that while he is governor, no one will be executed. And there will be no movement or actions taken to begin to execute persons again. But this won't prevent DAs from seeking the death penalty, or jurys from rendering a death penalty sentence.

Gov. Gavin Newsom Suspends Death Penalty In California

Thanks J. That's good to know he is only suspending it.

Without a doubt CA juries do believe in imposing the death penalty on certain deserving individuals where they feel it's the only just punishment for their individual crimes.

That's a given with over 700 on CA death row now. The last poll I read the majority of CA citizens still believe in the death penalty.
.
It's sad though that jurors are the only one who can make those decisions in all death penalty cases, yet the government constantly thumbs their nose at those hard decisions, which took months out of the juries lives to come to those decisions.

I want him to be sentenced to death because he deserves the harshest punishment allowed under CA law.

He truly is one of the worst, imo. Killing 2 little children. All 4 murders were extremely heinous,and cruel. Murdered because of financial gain. All of those facts makes him more than eligible for the death penalty.

If convicted, I have no doubt the jury will recommend death. Nothing else fits the crimes he has done, imo

Whether he is ever executed is not the point. The point is... this is the punishment he deserves.

Jmo

 

[Tortoise]

I'm hoping they kick off with Dan's ex.

 

[missy1974]

I'm hoping they kick off with Dan's ex.

ohhh kinda forgot about her! I want to hear from CJ, it will be the first time we "hear" her, not her through Merritt, not her through an investigator, just her. And I am really curious if her story changed.

I messaged Rob McMillan to see if he would be there today, I haven't heard back yet, if and when I do, I will let you all know

 

[oceanblueeyes]

Unless you're a defense attorney, then tape magically ends up around the victims hands.

Yep, just like miraculously the knife appeared out of no whete, yet wasnt thrown in the graves along with all of the other evidence he did to conceal, and hide evidence.

Maybe I'll start calling this defense stragedy the imaginary defense. Lol jk.

But I am glad the DT is bringing attention to the jury that Summer was raped.

I've always felt she was, but I knew the evidence would be too degraded, and the state would be unable to have the evidence to support charging him with rape.

Unfortunately, that's happened in many other murder cases as well, due to the poor condition of the bodies when found years later when they were nothing but skeletonized remains by then.

Imo

 

[oceanblueeyes]

I'm hoping they kick off with Dan's ex.

Now, if that happens I may have to break out the popcorn after all that Niner offered everyone. Lol!