CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17

[smr]

Then of course I see some who believes a defendant isn't guilty no matter who the defendant is. I guess those are ones who have some kind of bias against prosecutors or maybe law enforcement in general.

Which other social media, which other blog sites were referred to? And
Which posters "believe a defendant isn't guilty no matter who the defendant is", and "have some kind of bias against prosecutors or maybe law enforcement in general" ?

Your reply to tell others to look for your posts was about your claim that you see others consider the defendant guilty just because he is the defendent. There is no direct connection to the beginning of your thread. Now you didn't say "other sites", so maybe that is the case?

I respectfully wait until I get answer to my question in the second quote above re the first quote above (which was the earliest in the chain of quotes).

 

[Mony Mony]

Went back and listened to Sarah Kane's testimony. I had to chuckle when Daughtrey moved to strike Kane's entire testimony because she is an "incompetent custodian of records". lol

 

[Karinna]

Went back and listened to Sarah Kane's testimony. I had to chuckle when Daughtrey moved to strike Kane's entire testimony because she is an "incompetent custodian of records". lol

 

[Texas Red]

It's a matter of OBE's opinion. Not her problem if someone lacks skills of comprehension. There's a fine line here of disagreeing and harassing a poster.

My comment was referring to the part of smr's original statement that referred to the constant bickering and arguing over what IMO, appears to petty issues that have little to do with the trial or the evidence.

 

[asyousay]

All of Chases actions were to conceal what he had done. That’s not a gentleman’s agreement at all.

 

[Longtimenoc]

Wonder if JM and CM had a gentleman's agreement that CM could sign checks when JM couldn't. If Dan was a gentleman, then so was Chase.

Merritt needs to march up to the witness stand and shout his innocence. If he did not commit this crime how can he remain silent? I know it is his privelage to rely on the DT for his protection but an innocent man would certainly want the opportunity to challenge these accusations including his version of his relationship with JM.

 

[smr]

Merritt needs to march up to the witness stand and shout his innocence. If he did not commit this crime how can he remain silent? I know it is his privelage to rely on the DT for his protection but an innocent man would certainly want the opportunity to challenge these accusations including his version of his relationship with JM.

Do you mean if a defendant is innocent, then he would testify on the witness stand?

 

[Texas Red]

If he did not commit this crime how can he remain silent?

Because that is his right. Why should he subject himself to harassment and innuendos when the prosecution has not met its burden and proved CM's guilt BARD?

 

[missy1974]

Merritt needs to march up to the witness stand and shout his innocence. If he did not commit this crime how can he remain silent? I know it is his privelage to rely on the DT for his protection but an innocent man would certainly want the opportunity to challenge these accusations including his version of his relationship with JM.

Here is an interesting article... it's a little old, but I imagine it's still relevant. I don't follow a lot of wrongful convictions, but it would be interesting to see the statistics showing how many of those that have been exonerated or found factually innocent actually did testify on their own behalf. It seems relevant in the sense that Merritt does have a criminal record previous to this..

https://scholarship.law.cornell.edu...httpsredir=1&article=1082&context=lsrp_papers

This article examines the conventional wisdom that innocent defendants will testify on their own behalf at trial. Data gathered from the cases of persons subsequently exonerated due to DNA evidence demonstrate that factually innocent defendants with criminal records do not testify on their own behalf at substantially higher rates than criminal defendants generally. Why? Ninety-one percent of factually innocent defendants with prior records declined to testify compared to the 55 percent rate at which defendants with prior criminal records declined to testify in a four-county sample of criminal cases. Why the difference? In the innocence cases, the primary reason counsel give for not taking the stand is that many of these individuals had been previously convicted of a crime, and they did not testify at trial because of the risk that their credibility would be impeached with evidence of the prior record, and that, despite any limiting instruction the court might give, the jury would infer that they were guilty based on their prior misdeeds

 

[citygirl]

Merritt needs to march up to the witness stand and shout his innocence. If he did not commit this crime how can he remain silent? I know it is his privelage to rely on the DT for his protection but an innocent man would certainly want the opportunity to challenge these accusations including his version of his relationship with JM.

I agree with you but that's not how the system works.
Huge risk for him to take the stand, though I would love it! CM is way too smart to take that risk.
And the jury is informed not to consider it.

 

[la2cabo]

Merritt needs to march up to the witness stand and shout his innocence. If he did not commit this crime how can he remain silent? I know it is his privelage to rely on the DT for his protection but an innocent man would certainly want the opportunity to challenge these accusations including his version of his relationship with JM.

I don't know that getting on the witness stand is a good idea, however, he DOES need to proclaim his innocence. In the years since he was arrested I cannot think of one single time he's said "I am innocent. I did not murder my best friend and his family".

 

[Longtimenoc]

Do you mean if a defendant is innocent, then he would testify on the witness stand?

In this case absolutely. Lets hear it. Where were you Chase on the evening of the fourth? Why did you shut your phone off?

 

[smr]

In this case absolutely. Lets hear it. Where were you Chase on the evening of the fourth? Why did you shut your phone off?

Why this case? Why not other cases? Why not other people in this case?

 

[smr]

In the years since he was arrested I cannot think of one single time he's said "I am innocent. I did not murder my best friend and his family".

RSBM

What difference does it make? If he had said it, wouldn't he be accused of lying?

 

[missy1974]

I don't know that getting on the witness stand is a good idea, however, he DOES need to proclaim his innocence. In the years since he was arrested I cannot think of one single time he's said "I am innocent. I did not murder my best friend and his family".

This is the only interview that I know of with Merritt over the years. And I only know about it because I had a private convo with the reporter lol Proclaiming his innocence means what exactly though?

Man accused of killing McStay family expects to be acquitted in murder trial

 

[Texas Red]

"I am innocent. I did not murder my best friend and his family".

If only Merritt would have known. After going through all of this, I would imagine that next time he'll remember those golden words.

 

[citygirl]

Perhaps, if smr, had access to the same investigative tools as the SBCS dept. does then a through investigation of DK could be done. You would have an answer to your question but until then it's difficult to ascertain DK’s involvement since his actions and whereabouts at that time have been suspiciously concealed.

Doesn't the defense team bear that burden?

 

[smr]

I don't know that getting on the witness stand is a good idea, however, he DOES need to proclaim his innocence. In the years since he was arrested I cannot think of one single time he's said "I am innocent. I did not murder my best friend and his family".

Remember Scott Peterson, convicted for killing his wife and unborn baby?

Quote from Scott Peterson pleads innocent to charges he murdered wife :

'"That's correct, your honor, I'm innocent," Peterson told Girolami Wednesday, after he waived the reading of the indictment.'

 

[citygirl]

Why this case? Why not other cases? Why not other people in this case?

Didn't they cover that with Mikey McStay?
And the DT can surely put DK on the stand.

 

[citygirl]

This is the only interview that I know of with Merritt over the years. And I only know about it because I had a private convo with the reporter lol Proclaiming his innocence means what exactly though?

Man accused of killing McStay family expects to be acquitted in murder trial

Thanks Missy. I have never seen that interview.