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

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The brother of a Fallbrook man who was reportedly killed alongside his wife and two young children broke down in court Wednesday testifying against the suspect in the murders.

Mike McStay spent the entire day on the stand talking about his brother Joseph and his accused murderer Chase Merritt.

Merritt is charged with killing Joseph; McStay's wife, Summer; and their 3- and 4-year-old sons. The family's disappearance in 2010 perplexed investigators for years, with no signs of forced entry at their Fallbrook home.

Brother Breaks Down, Testifies in McStay Family Murder Trial
 
I'm in a different state so perhaps it's not the same. Also I don't recall his criminal history but I know it's not murder.

Here the state has to file a motion to INCLUDE prior criminal acts. Because we have to have a hearing on whether they are more probative than prejudicial. If it is going to go towards proving guilt. Like similar pattern, signature, whatever.

The exception is if they only intend to introduce a prior criminal history to go towards credibility if he testifies. In that case the state here has to file a notice informing us they intend to bring in the following convictions to impeach him if he testifies.




UNLESS they use the prior criminal acts to damage the defendants credibility in the event that he takes the stand. That is often allowed as it is with all witnesses and contributes to the decision of whether the defendant testifies. With the defendant the rules are tighter. It has to be a conviction that goes towards honesty (theft by deceit, fraud, etc)




Generally the prosecution has to give notice they intend to bring it in, then the defense files a motion to exclude. I don't think this is the last we've heard of this.




Okay... if this is the case I think I'd probably argue this. Having a warrant doesn't equal a criminal history. Charges get dropped, pleas happen, it could have been a warrant for a speeding ticket he failed to pay. I almost ended up with one of those and I work FOR a lawyer! (I have NO criminal history whatsoever.)

If the defense ONLY mentioned he had a warrant, I think the defense has a point that they did not mention a criminal history. I think they might elect to argue this if they feel it's too damaging for it to be brought up continually.

Not that I haven't seen defense attorneys "open the door" and totally screw over their clients, it happens. That just doesn't sound like what happened here. It sounds like it was a well thought out comment meant to put the defendant in a positive light, that should not have opened the door. The judge may have gotten this call wrong.

Also, you don't object to something unless you want the jury to pay closer attention to it. This is very true.

I'm confused by your last paragraph.

All defense attorneys I've seen especially in death penalty cases are mindful the case against their client may end up in conviction.

They make sure they put on the record every objection they had throughout the guilt phase. Those objections and the judge's rulings concerning each one are extremely important on appeal if the defendant is convicted.

So just sitting there and saying nothing nor putting a legal objection on the record immediately doesn't quite make sense to me.

If they don't object immediately it is giving the okay for it to come in.

You cant unring a bell so attention was already brought to light to the jurors about prior criminal acts.

Imo
 
So far I am disappointed in the prosecution case. I hope they get their act together as the witnesses comes across as very unprepared and surely they have had months to go though anything to get them ready for this trial?
 
From what we have seen so far, my impression is that it is impossible for these witnesses to remember much of anything specifically. Bits and pieces do stick out to them, but remembering the order of how things happen or exactly what happened in a certain situation would be impossible for anyone. They had so many interviews, with many different detectives, the dates of certain happenings aren't clear - in short - it is all a blur to them. The prosecution had to know that prepping them to answer these questions matter of factly would have been impossible, not to mention very hard to believe in the jury's eyes that could remember everything in such specific detail. I think maybe it is their strategy in proving that much of the witness testimony is unreliable and while it is still important to hear from them, they have to know this isn't going to be enough to convict Chase. What I think is going to make much more of an impact in establishing the timeline are the police reports, officer testimony, and financial records - which we have yet to see. Also I think the defense's "gotcha" strategy (for example Mike getting his dates mixed up between the 9th and 10th) is very aggressive and doesn't sit right with me. All this does is further prove that so much of the witness recollection so far is unreliable. What I do think the jury will take into consideration is the things that they did remember clearly - Susan and the altercation with Dan and Chase, Mike and the window - Chase standing far away from it, The fact that Chase was the one who went to the house for the first time to check on them, etc. I think McGyver's testimony is going to be really interesting since he was actually in the house on the 3rd, he will be able to testify to what the house looked like on that day, and how that was in contrast to when he went back with Susan after their disappearance. Since it seems he was only there once, he should have less trouble mixing up specific things he noticed like Susan and Mike did since they were there multiple times. Both of them had also not been in the house before, so they really didn't know what to look for or what would have seemed out of place, but McGyver most certainly would have.
 
The problem is it’s not like the prosecution have after 9 years have asked them to remember everything.

Their family went missing out of nowhere and that’s a very memorable time you would think and they must of gone over the days they first heard they had vanished loads. So it’s not something they should of forgotten.

If my mum and Dad vanished tomorrow I certainly wouldn’t forget what I was doing when I heard and what I had done in the home.

I also have no problem with the defense asking questions as they are paid to get their client off here and so they are doing their job. It’s the prosecutions fault for not preping them enough so they have come across poorly.

It doesn’t look dishonest to have gone over their statements and to know what they are talking about and instead the defense makes them look dishonest for not remembering things they had done.

IMO
 
I think McGyver's testimony is going to be really interesting since he was actually in the house on the 3rd, he will be able to testify to what the house looked like on that day, and how that was in contrast to when he went back with Susan after their disappearance. Since it seems he was only there once, he should have less trouble mixing up specific things he noticed like Susan and Mike did since they were there multiple times. Both of them had also not been in the house before, so they really didn't know what to look for or what would have seemed out of place, but McGyver most certainly would have.

McGyver will be interesting. I believe to remember that he was supposed to paint that day but was cancelled on. Did they tell him anything about a meeting with Chase that day or did they ever mention to him that they planned on firing Chase or general comments about Chase. He was a close friend and spent a lot of time at their house during the renovation. It would be interesting to clarify whether he left the paint materials in the way that they were found. (In other words...did it look like any painting happened after he had last been there that wasn't performed by him?)

How often did he encounter CM and has he seen him angry or argumentative with the family.

I hope that the white work truck will be discussed in detail. What happened to the truck afterwards..when was it sold, who was it sold to. Has Luminol been used in the truck? Tire tracks etc.. So much to discuss and ask about. It should get interesting hopefully.
 
What I do think the jury will take into consideration is the things that they did remember clearly - Susan and the altercation with Dan and Chase, Mike and the window - Chase standing far away from it, The fact that Chase was the one who went to the house for the first time to check on them, etc.

RSBM

I agree with most of what you said in your post. The above though... do they remember that the prosecution had Mike "recall" from a statement he made years later that paint CM in a bad light... or do they remember when the defense showed Mike his very first statement where he said he let CM in through the sliding door... coincidentally, where Mike marked the X on the picture? Do they recall that Mike said he found a number that he thought was Summer's mom (which turned out to be his own mother's) and that CM was the one that left the voicemail?

tbh, I don't recall all the details of this case, but I do have a pretty good memory... when Mike was testifying that CM didn't go in with him, I was thinking hmmm I don't remember that. It wasn't until the defense got up that I know why I didn't remember, it was because it wasn't what he said early on.
 
Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 3h3 hours ago
#McStay - Trial schedule will be Mon-Thurs, generally 9:30-4:00. Court is dark on Fridays. #CharlesMerritt

Amanda on Twitter
Amanda‏ @1BKRapaBitch 1h1 hour ago
#McStay Day 4 Today will be the final day of testimony this week. Judge Smith is semi retired and doesn’t work full weeks. Mike McStay’s testimony should wrap and McGuyver McCargar should be introduced. His testimony will be interesting because he taught Summer how to paint and


Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 10m10 minutes ago
#McStay - Court is getting ready to start. Mike McStay will return to the stand under cross examination. Merritt is wearing blue shirt, red tie. WATCH LIVE:

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 8m8 minutes ago
#McStay - #CharlesMerritt talks with defense attorneys prior to the start of day 4.

DwkSJsEUcAAAJcZ.jpg

1 reply1 retweet1 like

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 5m5 minutes ago
#McStay - Defense attorney Maline just arrived. Apparently traffic problems. Should be getting started momentarily
 
So far I am disappointed in the prosecution case. I hope they get their act together as the witnesses comes across as very unprepared and surely they have had months to go though anything to get them ready for this trial?

I'm sorry to know you are already disappointed so soon in the prosecutors case with months of testimony to go.

I'm not disappointed in them at all. I am sure by now or the further the trial goes along the jury will figure out the prosecution has been handed a much harder case because of the ridiculous unsupported theory held by the SD police that this family had just willingly left leaving behind 100K in the bank and traipsed off to Mexico without ever having any proof to support it.

But harder cases have been won. Now even missing body cases are being successfully won on a regular basis and in those they dont have any forensic nor know the location of crime scene or how the victims were murdered since the bodies weren't found.

So I'm very optimistic at this point .

They do have far more in this case than others that have resulted in convictions.

LE in SD has made it a much harder case to try especially when all family members were telling them this was NOT their family. By doing that by the time their bodies were discovered so much evidence was lost!

The McStay and Summer McStay families have been victimized not only by CM murdering 4 of their beloved family members but he wants his mouthpiece attorneys to do it again during their aggressive tactics.

Its revolting as when David Westerfield used his own mouthpiece attorney to berate and falsely accuse the parents of Daniele Van Dam when all along Steve Feldman KNEW DW was the one who had kidnapped, raped and murdered DVD. He had already told SF where her body was located. He pulled every dirty trick in the book trying to make sure he got a sexual predator free and back on the streets. Thank goodness the jury saw right through his rude...aggressive bully tactic of smoke and mirrors.

In this case it must drive the families crazy knowing they knew their own 4 family members better than anyone else on earth yet weren't believed.

I cant even begin to know how angry and how much pain that has caused all of these family members.

But even though its a harder case due to SD LE it is still very much a winnable case.

I dont see how anyone can know the state is not proving their case though when not even a week of testimony has occurred. I sure don't give up that easily on the state when it just began.

But I will admit sometimes I get a very strange uneasy feeling in this particular case/trial that some are already in the corner for the accused even before the trial began and before all of the evidence has been presented.

I've not seen such disdain before I don't think nor can I remember where other grieving family members of murder victims have been vilified by some when testifying for the prosecution who is only seeking justice.

I remember someone even calling Susan Blake a liar after her heart wrenching testimony this week. I was taken aback by the callousness of the label when she continued to be victimized by CM even after he had already murdered 4 of her family members. You would think the anger would be directed against CM the evildoer instead of a still obviously very traumatized mother and grandmother.

So for some reason this trial and some comments are far different than the countless others I've participated in for over a decade.

As each piece of evidence continues to come in for many months on end against CM, I do not believe for one minute the jury will just believe they are ALL merely coincidences!

Praying for justice.
 
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I'm sorry to know you are already disappointed so soon in the prosecutors case with months of testimony to go.

As each piece of evidence continues to come in for many months on end against CM, I do not believe for one minute the jury will just believe they are ALL merely coincidences!

Months? How long is this trial supposed to go on? I been watching here and there but I dont think I can commit to MONTHS!

Also I saw someone posted all the thread from the Mcstay case are gone now? Why? I had searched for them once and didnt find them so I knew my post were missing but I didnt know all of them were.
 
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From what I've heard from the witnesses and considering the prosecutions OS, I believe they'll be able to prove fraud and theft but unless the prosecution has an ace in the hole that they haven't yet publicly disclosed, IMO a murder conviction is going to be tough for them to obtain.
 
I'm sorry to know you are already disappointed so soon in the prosecutors case with months of testimony to go.

I'm not disappointed in them at all. I am sure by now or the further the trial goes along the jury will figure out the prosecution has been handed a much harder case because of the ridiculous unsupported theory held by the SD police that this family had just willingly left leaving behind 100K in the bank and traipsed off to Mexico without ever having any proof to support it.

But harder cases have been won. Now even missing body cases are being successfully won on a regular basis and in those they dont have any forensic nor know the location of crime scene or how the victims were murdered since the bodies weren't found.

So I'm very optimistic.

They do have far more in this case than others that have resulted in convictions.

LE in SD has made it a much harder case to try especially when all family members were telling them this was NOT their family. By doing that by the time their bodies were discovered so much evidence was lost!

The McStay and Summer families have been victimized not only by CM murdering 4 of their beloved family members but he wants his mouthpiece attorneys to do it again during their aggressive tactics.

Its revolting as when David Westerfield used his own mouthpiece attorney to berate and falsely accuse the parents of Daniele Van Dam when all along Steve Feldman KNEW DW was the one who had kidnapped, raped and murdered DVD. He had already told SF where her body was located. He pulled every dirty trick in the book trying to make sure he got a sexual predator free and back on the streets. Thank goodness the jury saw right through his rude...aggressive bully tactic of smoke and mirrors.

In this case it must drive the families crazy knowing they knew their own 4 family members better than anyone else on earth yet weren't believed.

I cant even begin to know how angry and how much pain that has caused all of these family members.

But even though its a harder case due to SD LE it is still very much a winnable case.

I dont see how anyone can know the state is not proving their case though when not even a week of testimony has occurred. I sure don't give up that easily on the state when it just began.

But I will admit sometimes I get a very strange uneasy feeling in this case that some are already in the corner for the accused even before the trial began and before all of the evidence has been presented.

I've not seen such disdain before I don't think nor can I remember where other grieving family members of murder victims have been vilified by some when testifying for the prosecution who is seeking justice.

I remember someone even calling Susan Blake a liar after her heart wrenching testimony this week. I was taken aback by the callousness of the label when she continued to be victimized by CM even after he had already murdered 4 of her family members. You would think the anger would be directed against the CM the evildoers instead of a still obviously traumatized mother and grandmother.

So for some reason this trial and some comments are far different than the countless others over I've participated in for over a decade.

As each piece of evidence continues to come in for many months on end against CM, I do not believe for one minute the jury will just believe they are ALL merely coincidences!

Praying for justice.

Very well stated Oceanblueeyes and I totally agree with you. I haven't followed this case from the beginning. I am not ready to give up.

I can see how LE thought it was just a missing case at the start from what family was telling them. I don't know why people think LE botched the case. We have not even had LE on the witness stand yet.

If this is supposed to last months I say give the prosecution more time. There has to be a lot more evidence to present.

Just like any case I have followed you think you know what happened in a crime. When it is presented you find out so much more about the crime that you didn't know about. LE is more thorough than we think they are.

I am not ready to give up yet, we have a lot to go through!

Just my 2 cents and opinion!
 
Snipped quote



Months? How long is this trial supposed to go on? I been watching here and there but I dont think I can commit to MONTHS!

Also I saw someone posted all the thread from the Mcstay case are gone now? Why? I had searched for them once and didnt find them so I knew my post were missing but I didnt know all of them were.

I think they said about 4 months. I am not sure about committing for that long either, BUT, Law & Crime will post the trial coverage at the end of the day. If it helps... court is only Mon -Thursday 9:30-4 LOL

They are not gone. I will send you a pm :)
 
From what I've heard from the witnesses and considering the prosecutions OS, I believe they'll be able to prove fraud and theft but unless the prosecution has an ace in the hole that they haven't yet publicly disclosed, IMO a murder conviction is going to be tough for them to obtain.

The defense has been given a gift in this case... his name is Dan Kavanaugh. It will come down to what they can and cannot prove when it comes to Dan and whether that gives the jury any doubts IMO
 
The problem is it’s not like the prosecution have after 9 years have asked them to remember everything.

Their family went missing out of nowhere and that’s a very memorable time you would think and they must of gone over the days they first heard they had vanished loads. So it’s not something they should of forgotten.

If my mum and Dad vanished tomorrow I certainly wouldn’t forget what I was doing when I heard and what I had done in the home.

I also have no problem with the defense asking questions as they are paid to get their client off here and so they are doing their job. It’s the prosecutions fault for not preping them enough so they have come across poorly.

It doesn’t look dishonest to have gone over their statements and to know what they are talking about and instead the defense makes them look dishonest for not remembering things they had done.

IMO

I know you truly think you would remember, but trauma is a huge factor, you have to factor in the shock and what happens to your whole system when something like this happens. TRAUMA is the logical explanation. mOO
 
So ,I seem to remember a video if Mike and CM going though the McStay's home, is that going to be shown ?

I don't think CM was in that video. It was Tim Miller with Equusearch. Mike talked a bit about it yesterday, I don't recall that he said CM was there. I just rewatched the clips on youtube the other day ;-)
 
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