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

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Well, seriously, the defense may ask for a mistrial just to document that they asked for it. That way, when CM appeals his conviction, (hypothetical conviction, of course), his lawyers can claim that it should have been a mistrial.
 
Well, seriously, the defense may ask for a mistrial just to document that they asked for it. That way, when CM appeals his conviction, (hypothetical conviction, of course), his lawyers can claim that it should have been a mistrial.

Exactly... it would ineffectiveness of counsel if they didn't. :rolleyes: Every objection, every motion is more for the record than anything else IMO
 
Of course they are going to try to throw the trial. They have a client who has tried to run the show from the beginning and rather than listen to his attorneys has dictated to them how he expects to be defended, and here are the results.

He was so confident he had planned on defending himself. But Merritt doesnt listen to others and he was the one probably giving his attorneys the advice every morning. I'm sure he is a lawyers nightmare.
 
#mcstay Defense had asked for remedy or sanction for failure to provide what is known as exhibit O (discussed in hearing yesterday that I did not attend)
that's weird - Exhibit O was the original FARO scan & a Brady violation deals with failure to turn over exculpatory evidence. So the defense is trying to claim that the FARO scan exonerated Merritt??? Ridiculous
 
#mcstay Prosecution conducting cross of Dr. Rudin now. Imes: You testified yesterday that the truck [Chase Merritt] was “border line both ways” - Dr. Rudin had said yesterday that he could not reject CM’s truck
This is a bit misleading. When he said he could not reject it yesterday, that was at the 402 hearing and was before he did more calculations. JMO

Can't wait to hear the testimony from today :D
 
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