CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #18

[mrjitty]

Even if the police didn't fully investigate his alibi, the case would at best be that it's speculative that DK assisted CM with the murders. With zero evidence they conspired.

If CM and DK were charged together as co-conspirators, based on an IP address in San Diego and competing transactions in Hawaii including purchase of flights, and a photo of him there, and an ex-girlfriend who laid charges against him and detests him but also testifying he was in Hawaii with her, and no evidence of a conspiracy, the case against DK wouldn't have made it through the preliminary stages.

CM would not be off the hook with all the evidence he was at the crime scenes of the house, the Trooper and the graves.

No one has seen a shred of evidence DK did this and yet it is claimed based on sheer speculation of a motive, that this creates doubt over all the many strands of evidence against CM. Including physical DNA on the steering wheel in larger quantities than Joey's own wife, and not an iota of evidence they even met for lunch, let alone that he touched anything of Joey's on the 4th.

I need to pinch myself sometimes.

JMO

I agree (as you know!)

If DK were actually on trial - it would be laughed out of town due to his strong alibi. Not to mention there is no evidence against him for murder.

It's no surprise that following a "theory of the case" style of investigation, the DK angle went nowhere.

And this is of course a valid form of logic. One should expect to find evidence of innocence on the wrong theories and evidence of guilt on the right one.

 

[Tortoise]

Only thought on process server testimony.

Seems to be clear that LW may know where DK is (seems likely they'd be up to speed on this)

LW?

 

[Tortoise]

I agree (as you know!)

If DK were actually on trial - it would be laughed out of town due to his strong alibi. Not to mention there is no evidence against him for murder.

It's no surprise that following a "theory of the case" style of investigation, the DK angle went nowhere.

And this is of course a valid form of logic. One should expect to find evidence of innocence on the wrong theories and evidence of guilt on the right one.

Then the police/DA would justifiably come in for some stick.

JMO

 

[mrjitty]

Then the police/DA would justifiably come in for some stick.

JMO

But that IP address evidence!

 

[mrjitty]

LW?

LE sorry

 

[Tortoise]

But that IP address evidence!

LOL!

 

[Tortoise]

LE sorry

Yes.

Well actually I don't suppose they care very much where he is. He's not wanted. Defense doesn't genuinely want him either, they only want the innuendo.

JMO

 

[Mica]

Within Sight Of Trial’s End, Merritt’s Defense In A State Of Exhaustive Collapse | SBCSentinel

"After testimony concluded on Wednesday, a bleary-eyed Maline explained to the Sentinel why he, McGee and Guerard are being so exacting and driving themselves to the point of disintegration.
“In most cases, the defense needs only to demonstrate to the jury that there is reasonable doubt about the defendant’s guilt to prevail,” he said. “This case is different, way different. You have babies – a three-year-old and a four-year-old – whose heads were beaten in with a hammer. Showing that there is some doubt our client did this will not suffice, not in this case. We have to prove by a country mile that he is absolutely innocent.We can’t let anything that the prosecution does or says go unchallenged.”

Wasn’t there a comment made here saying the defense never used the word innocent?

From the article....

Maline - “We have to prove by a country mile that he is absolutely innocent.”

 

[UndiscoveredTruth]

The Court room is the correct venue to bring it up when the Judge is actively discussing a continuance

Which begs the question then. Why did Imes not mention on Tuesday that McGee was out drinking and dancing the night away in the weekend? IIRC the Judge was actively discussing a continuance on Tuesday too. Oh that's right, McGee was present in the court room on Tuesday. Personally, I think Imes is a coward. I think his behaviour in the court room today was unprofessional and done him no favours at all. MOO

 

[Karinna]

Which begs the question then. Why did Imes not mention on Tuesday that McGee was out drinking and dancing the night away in the weekend? IIRC the Judge was actively discussing a continuance on Tuesday too. Oh that's right, McGee was present in the court room on Tuesday. Personally, I think Imes is a coward. I think his behaviour in the court room today was unprofessional and done him no favours at all. MOO

BBM, Maybe he was at his wits end with the DT in that moment and blurted it out because of sheer frustration at their stupid antics? And perhaps it had been playing on his mind as to how to handle that issue? They are after all only human too. We all get po'ed sometimes out of sheer exasperation, and blurt stuff out that perhaps normally we wouldn't. I'm sure Imes is no different. IMO.

 

[Tortoise]

Deleted speculation

 

[oceanblueeyes]

Within Sight Of Trial’s End, Merritt’s Defense In A State Of Exhaustive Collapse | SBCSentinel

"After testimony concluded on Wednesday, a bleary-eyed Maline explained to the Sentinel why he, McGee and Guerard are being so exacting and driving themselves to the point of disintegration.
“In most cases, the defense needs only to demonstrate to the jury that there is reasonable doubt about the defendant’s guilt to prevail,” he said. “This case is different, way different. You have babies – a three-year-old and a four-year-old – whose heads were beaten in with a hammer. Showing that there is some doubt our client did this will not suffice, not in this case. We have to prove by a country mile that he is absolutely innocent. We can’t let anything that the prosecution does or says go unchallenged.”

Finally!

I have said all along the DT must prove to the jury what they have claimed they would prove during their OS.

I have been chided many times with some telling me the DT doesn't have to prove a thing to the jury!!! Wrong, and the defense knew they must prove it all along!

At least now that confirmation is coming directly from the DTs mouth.

When any defense uses the SODDI defense they know the burden of proving those allegations is on them to prove. It's the same shift when a defendant claims self defense.

Thanks for the very informative link smr, and for verifying what I've said all along.

It makes me know they have not met that burden either. The jury had to gasp when they learned the DT investigator didnt even go to Hawaii to find DK.

I bet one of our own posters could find DKs location right now.

That testimony was a disaster for the DT. It made their investigator look like an inept bumbling investigator that probably can't even locate a store he may want to go to in the future,Imo.

JMOO

 

[mrjitty]

BBM, Maybe he was at his wits end with the DT in that moment and blurted it out because of sheer frustration at their stupid antics? And perhaps it had been playing on his mind as to how to handle that issue? They are after all only human too. We all get po'ed sometimes out of sheer exasperation, and blurt stuff out that perhaps normally we wouldn't. I'm sure Imes is no different. IMO.

Yeah - you can see in the video Imes and Daugherty threw their arms in the air at the idea that Maline would recall the witness later after not having him ready today

Imes point was actually not directly about drinking and dancing, but that the defence are intentionally trying to cause a mistrial.

IMO that suspicion has to be strong and the judge is engaging in wishful thinking.

 

[oceanblueeyes]

I have read that DK was investigated and was co operative with LE.
There is no evidence that ties DK to the crime. Police can't arrest and charge someone with such a heinous crime with no evidence because the charges certainly wouldn't stick on no evidence and just hearsay. IMO.

True, and the excuse I saw saying the judge wouldn't approve the investigator going to Hawaii is silly, imo.

It's obvious that much money has been given to the defense to put on their case.

We know that by the ridiculous amounts each defense expert has been paid thus far. A flight out of CA to Hawaii wouldnt be that much. It would be chump change in comparison to the $$$$$$ already allocated.

'Probably wouldn't approve it' wont cut it. There is no evidence this so called investigator had any intentions or plans to go to Hawaii, the very place the defendant himself said he thought DK lived.

The important thing to remember is the DT NEVER ASKED the court to approve the expenses to go to Hawaii.

It's all contrived hogwash. In today's time if someone wants to locate someone that has not been charged with anything it's easier than ever before to find them.

The reason they did not locate DK is they never had intentions of finding him in the first place.

Imo

 

[missy1974]

Which begs the question then. Why did Imes not mention on Tuesday that McGee was out drinking and dancing the night away in the weekend? IIRC the Judge was actively discussing a continuance on Tuesday too. Oh that's right, McGee was present in the court room on Tuesday. Personally, I think Imes is a coward. I think his behaviour in the court room today was unprofessional and done him no favours at all. MOO

Yep, not only a continuance, he was talking about the "alternative", which was a mistrial and we do it again. That would have been a good time to bring it up if it was a concern.

 

[mrjitty]

Which begs the question then. Why did Imes not mention on Tuesday that McGee was out drinking and dancing the night away in the weekend? IIRC the Judge was actively discussing a continuance on Tuesday too. Oh that's right, McGee was present in the court room on Tuesday. Personally, I think Imes is a coward. I think his behaviour in the court room today was unprofessional and done him no favours at all. MOO

Exactly. But then he cried off again.

Then next day Maline turns up delaying the case with no reasonable explanation yet again.

IMO it is quite proper to keep the judge focussed on the timeline and delays - especially when the defence is likely to cause more delays

 

[mrjitty]

True, and the excuse I saw saying the judge wouldn't approve the investigator going to Hawaii is silly, imo.

Somewhat incredibly, Hawaii as a state of America, also has process servers who can be retained to do these tasks

You don't even need to go there. You can phone them up or send an email!

 

[mrjitty]

Wasn’t there a comment made here saying the defense never used the word innocent?

From the article....

Maline - “We have to prove by a country mile that he is absolutely innocent.”

I made that statement about the Defence Opening.

A search of @Tortoise 's transcript produces ZERO hits

A search on DAN produces 34 hits

 

[Tortoise]

Exactly. But then he cried off again.

Then next day Maline turns up delaying the case with no reasonable explanation yet again.

I'm sure the jury's going to wonder why, when Gary Robertson is recalled, the defense didn't question him yesterday about his efforts to locate Riccobene and Knowles, to get that all out of the way and to stop abusing court time and further inconvenience to the jury, and expedite the process of moving towards deliberations. And why the defense wasn't able to copy the correct snips of a video onto a thumb drive to be handed in as an exhibit, in the time that was available yesterday, or unmute the volume button.

JMO

 

[Harmony 2]

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CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #19