geevee
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Hiya Tortoise, do you by chance have copies of CM's phone records from Feb. 4th through the 8th that you could post? Really appreciate it if so.
Chase Merritt Charged W/Murder of Joseph, Summer, Gianni and Joe Jr McStay #4
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Hiya Tortoise, do you by chance have copies of CM's phone records from Feb. 4th through the 8th that you could post? Really appreciate it if so.
Tortoise
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I don't geevee. All I saw was his phone locations and time periods when his phone was off-grid, from Agent Boles testimony.Hiya Tortoise, do you by chance have copies of CM's phone records from Feb. 4th through the 8th that you could post? Really appreciate it if so.
geevee
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Okay, thanks Tortoise, no problem.
Tortoise
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If I understand correctly, I think either verdict requires a unanimous verdict. If it's not unanimous I know there can be a retrial for the penalty phase with a new jury but I'm not sure if that depends on whether the prosecution decides to continue to pursue the death penalty.
katydid23
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Yes, the prosecution can just allow the judge to make the decision for LWOP if they want.
A judge cannot vote for the DP.
Tortoise
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Thanks, that makes sense.
MsFacetious
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I just thought if they couldn't agree on death he automatically got life. Geez I hope if they can't agree on death that the prosecution settles for life so this can be over.
katydid23
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They called a mistrial in the sentencing phase for Jodie Arias, IIRC.
I think 11 wanted DP and one holdout.
So the prosecution retried the penalty phase.
Lilibet
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For sure!
IIRC, I think Travis Alexander’s family really wanted DP for Arias or else the prosecution would have settled for LWOP. So in the same situation, the McStays and Arandas would probably be consulted.
Tortoise
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I've done some investigating on the matter of what happens if there is a hung jury. It varies by state. See below for the relevant California Penal Code 190.4 (b).
Hung jury - Wikipedia
Hung jury in sentencing phase of death penalty trials[edit]
Of the 30 U.S. states with the death penalty, 28 provide the sentence to be decided by a jury, and 27 require a unanimous sentence.
However, the states differ on what happens if the penalty phase results in a hung jury:[11][12]
In Alabama, the sentence is decided by the jury and at least 10 jurors must concur. A retrial happens if the jury deadlock.[15]
Nebraska is the only state in which the sentence is decided by a three-judge panel. If one of the judges on the panel opposes death, the defendant is sentenced to life imprisonment.[16] Montana is the only state where the trial judge decides the sentence alone.[17]
In all states in which the jury is involved, only death-qualified veniremen can be selected in such a jury, to exclude both people who will always vote for the death sentence and those who are categorically opposed to it.
California Code, Penal Code - PEN § 190.4 | FindLaw
(b) If defendant was convicted by the court sitting without a jury the trier of fact at the penalty hearing shall be a jury unless a jury is waived by the defendant and the people, in which case the trier of fact shall be the court. If the defendant was convicted by a plea of guilty, the trier of fact shall be a jury unless a jury is waived by the defendant and the people.
If the trier of fact is a jury and has been unable to reach a unanimous verdict as to what the penalty shall be, the court shall dismiss the jury and shall order a new jury impaneled to try the issue as to what the penalty shall be. If such new jury is unable to reach a unanimous verdict as to what the penalty shall be, the court in its discretion shall either order a new jury or impose a punishment of confinement in state prison for a term of life without the possibility of parole.
Hung jury - Wikipedia
Hung jury in sentencing phase of death penalty trials[edit]
Of the 30 U.S. states with the death penalty, 28 provide the sentence to be decided by a jury, and 27 require a unanimous sentence.
However, the states differ on what happens if the penalty phase results in a hung jury:[11][12]
- In 4 states (Arizona, California, Kentucky and Nevada), a retrial of the penalty phase will be conducted before a different jury (the common-law rule for mistrial).[13]
- In 2 states (Indiana and Missouri), the judge will decide the sentence.
- In the 22 other states, a hung jury results in a life sentence, even if only one juror opposed death. Federal law also provides that outcome.
In Alabama, the sentence is decided by the jury and at least 10 jurors must concur. A retrial happens if the jury deadlock.[15]
Nebraska is the only state in which the sentence is decided by a three-judge panel. If one of the judges on the panel opposes death, the defendant is sentenced to life imprisonment.[16] Montana is the only state where the trial judge decides the sentence alone.[17]
In all states in which the jury is involved, only death-qualified veniremen can be selected in such a jury, to exclude both people who will always vote for the death sentence and those who are categorically opposed to it.
California Code, Penal Code - PEN § 190.4 | FindLaw
(b) If defendant was convicted by the court sitting without a jury the trier of fact at the penalty hearing shall be a jury unless a jury is waived by the defendant and the people, in which case the trier of fact shall be the court. If the defendant was convicted by a plea of guilty, the trier of fact shall be a jury unless a jury is waived by the defendant and the people.
If the trier of fact is a jury and has been unable to reach a unanimous verdict as to what the penalty shall be, the court shall dismiss the jury and shall order a new jury impaneled to try the issue as to what the penalty shall be. If such new jury is unable to reach a unanimous verdict as to what the penalty shall be, the court in its discretion shall either order a new jury or impose a punishment of confinement in state prison for a term of life without the possibility of parole.
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Tortoise
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This gives a state by state analysis:
https://files.deathpenaltyinfo.org/legacy/documents/JuryDeadlockLaws.pdf
https://files.deathpenaltyinfo.org/legacy/documents/JuryDeadlockLaws.pdf
IIRC you and another poster had created a reasonable timeline of the calls?
Tortoise
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I've got notes of Boles testimony, which showed where his phone was, at different times from 1st to 15th, and when it was dark.
I think I may have made a post about his calls to Cathy over that 12 to 2 lunchtime period on the 4th, which were in the prosecution's closing arguments and in Cathy's testimony.
Other than that I think preliminary hearings gave the number of times he called Joseph after the 4th.
Hmm, I'm trying to think of more - I know there was information about his calls to QB on 8th and 9th, and defence raised some details of his calls to Joseph after raising the cheques, but I don't have notes on that.
If you tell me which calls are specifically of interest I may be able to think where it was referred to.
nannymo
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Doesn't sound like a bad place at all. He has some great friends, spends his days reading, writing and meditating. He doesn't have to cook, clean, wash his clothes.......just relax and enjoy the day! Been there over 20 years. I think I would prefer that life to general population myself.
I do think CM deserves the DP, but he doesn't deserve to be protected and coddled and have a life of leisure either. I don't think he deserves to have the remainder of his life spent relaxing as this man does. They even get to listen to music and watch the football games! What more can you ask for if in prison?
Well whatever he gets it's certainly more than he allowed his victims to have IMO.
nannymo
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So true Karinna. I just wish there was a punishment that could be put upon him that caused him to suffer greatly every day for the remainder of his life. I am totally in favor of the DP in this case, except California does not put people to death as we do here in Texas. And only because of that, his life looks like it won't be too bad on death row. He will sit it out reading, writing, relaxing in his cell, listening to the ballgames or music until he dies in prison. That is not punishment to me. He needs to be totally isolated from anyone (even talking amongst their cells) not have access to any reading or writing material and spend his days contemplating what put him there to begin with, but that is not how it is apparently and I don't think that serves the McStay's justice to let him enjoy the remainder of his life relaxing in his cell. He will never be executed and that is not justice for the McStay's.
oceanblueeyes
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Imo, that will depend on the vote. If it's like it usually happens with one or two holdouts the state will choose to have a new jury empaneled.
If not unanimous I think the state will empanel a new jury. Even if split I think they will choose to retry the penalty phase.
There are just some cases so heinous, and brutal far beyond what society is willing to accept the state must try to get the harshest punishment allowed under that state's law. Imo. 1000 percent this is one of those cases.
That's why I'm conflicted about it has to be unanimous now when once in many states it was the majority vote.
Perhaps one day this will be addressed again if brought before the USSC.
It's a shame that the penalty verdict depends on one juror's verdict which winds upending what the majority of 11 wanted.
Imo, that is ridiculous because it gives all of the power to only one person ignoring what the vast majority voted as the just sentence.
Imo a one lone holdout can have ulterior motives of their own.
Now more than ever before due to many jurors writing books or being paid for interviews. Being the odd man or woman out juror receives much more attention in the media.
It makes me sick to this day knowing one sole juror saved heartless Jodi Arias from being on DR where she belongs. Imo.
Jmhoo
If I learned anything in this trial it's to ignore any tweets from biased reporters.
Remember the one describing the jurors giggling and laughing on the way to lunch?
Left many of us to believe they weren't taking it seriously.
I'm sure there were many days they weren't feeling so chipper after listening to gruesome testimony.
Interesting we never heard about that.
Remember the one describing the jurors giggling and laughing on the way to lunch?
Left many of us to believe they weren't taking it seriously.
I'm sure there were many days they weren't feeling so chipper after listening to gruesome testimony.
Interesting we never heard about that.
Agree and understand what you are saying. I can't imagine what a just punishment for someone like that is except for their removal from society. He murdered four people and two of them being the very young little boys of Joey and Summer McStay who had done nothing whatsoever to deserve such evil and cruelty inflicted upon them.
And if CM is a psychopath/sociopath he has no heart or soul as a normal human being has that are capable of feeling love and empathy toward others and would never dare do such a thing because it is not within a decent person to do that ever.
The psychopath/sociopaths in this world have no conscience and are incapable of feeling empathy and are not wired properly. And in so many cases that we follow here we see these traits many times in a criminal, and i think the best thing we can hope for is that these so called monsters become extinct for everyone else's benefit so as no one has to ever live in fear of them again.
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