Chase Merritt Charged W/Murder of Joseph, Summer, Gianni and Joe Jr McStay #4

[Bernina]

What continues to baffle me is the way in which the matter of Tracey Riccobene fizzled out with not a word from either side.

No word from the prosecution about the defence's failure to call a logical witness.
No word from the defence through their PI, after claiming TR knew about evidence that was not public.

I know what attorneys say is not evidence and I know the jury can't consider matters not in evidence, but aside from that, what to make of it?

Is there going to be a surprise in defence closing in the penalty phase? An allegation perhaps that this was a "witness" the prosecutors had a duty to call and a hint that whatever statement she made originally is relevant to his continued professions of innocence?

Should the trial at least not have heard from the police or the FBI about why they turned her over to the defence?

Was this a set up by the defence, all along knowing she had no credibility, not intending to call her, so that they could attack Dan's alibi, and giving Merritt a loophole to claim ineffective assistance of counsel and/or prosecutorial misconduct?

BBM
Could have been as simple as Riccobene wanted to make a deal for pending bad acts, had some shady people after her, 15 minutes of fame, or was so far down the rabbit hole, she needed detox and a reality check.

 

[la2cabo]

A person who is incarcerated mid-transition is a liability for the prison. It's the safety of the inmate and how far admin wants to go to protect said inmate. It comes down to $$$. Is it cheaper to keep patching the trans inmate up in medical (rape, etc.), keep them in seg, or complete the transition?
I don't have a clue how complete they go as far as surgery but I doubt it includes electrolysis, Adam's Apple and chin sculpting, and implants. More than likely it's just a cut and tuck, and monthly hormone or birth control pills.
The question is: How far does DOC go for women incarcerated with implants? Do they get their 10,000 mile lift or are they stuck as is? THAT is more of a cosmetic/vanity deal unless it was prior breast cancer, I wouldn't have a clue.
@Edmo? Can you shed any light on this?

I'm sure that unless medically necessary the implants would remain as is. If the inmate has medical problems such as implant leakage, back problems or cancer concerns then he/she might be a candidate for implant removal, but definitely no 10k lift.

 

[Edmo]

A person who is incarcerated mid-transition is a liability for the prison. It's the safety of the inmate and how far admin wants to go to protect said inmate. It comes down to $$$. Is it cheaper to keep patching the trans inmate up in medical (rape, etc.), keep them in seg, or complete the transition?
I don't have a clue how complete they go as far as surgery but I doubt it includes electrolysis, Adam's Apple and chin sculpting, and implants. More than likely it's just a cut and tuck, and monthly hormone or birth control pills.
The question is: How far does DOC go for women incarcerated with implants? Do they get their 10,000 mile lift or are they stuck as is? THAT is more of a cosmetic/vanity deal unless it was prior breast cancer, I wouldn't have a clue.
@Edmo? Can you shed any light on this?

Not too sure about how the State finances those type of situations? Inmates also spend 24 hrs a day on ways to sue the State as well. They have all of the time in the world to do this.

 

[la2cabo]

BBM
Could have been as simple as Riccobene wanted to make a deal for pending bad acts, had some shady people after her, 15 minutes of fame, or was so far down the rabbit hole, she needed detox and a reality check.

I read somewhere that while being interviewed it was obvious to everyone that Tracey was under the influence and not exactly in touch with reality. I've been trying to find where I read that but haven't had any luck. If/when I find it I'll post it.

 

[QueenBofOB]

I get it! And homeless drug users who poop in the streets sadly enough. Maybe an alternative sentence exists for CM! Lol
Kidding. Sort of; although it seems an appropriate sentence for him to spend his time under similar circumstances. Unfortunately such a punishment wouldn’t keep the general public safe. Ugh
Maybe those sentenced to DP or LWOP in California could earn their keep by cleaning up the muck others have created?!

I personally think, that they should be put to work. There's got to be something these useless people could do, to earn their keep--and keep them out of trouble. Whether they want to or not. I saw an old movie on TMC once, about life on a chain gang with actor Paul Muni (great film). Prior to Hollywood getting involved, prisons were actually pretty horrific and inmates suffered real punishment. I don't know for sure, but I imagine it cut down on recidivism.

 

[mothwings]

Seriously? Horrid people. Wouldn't fault her if she did. She earned it.

I completely agree. I'm just fascinated by this case and watch anything that is relevant. I would love to see Susan in an interview about what a brave woman she is.

 

[Karinna]

I personally think, that they should be put to work. There's got to be something these useless people could do, to earn their keep--and keep them out of trouble. Whether they want to or not. I saw an old movie on TMC once, about life on a chain gang with actor Paul Muni (great film). Prior to Hollywood getting involved, prisons were actually pretty horrific and inmates suffered real punishment. I don't know for sure, but I imagine it cut down on recidivism.

Yeah or "breakin' rocks in the hot sun, I fought the law and the law won". A song from when my parents were young that i remember, LOL.

 

[Paulette]

One doesn't have to look far to infer who wrote the nasty posts on youtube.

 

[la2cabo]

One doesn't have to look far to infer who wrote the nasty posts on youtube.

It looks like the mods came in and cleaned house? I'm not unhappy about it because the comments were nauseating.

 

[Tortoise]

BBM
Could have been as simple as Riccobene wanted to make a deal for pending bad acts, had some shady people after her, 15 minutes of fame, or was so far down the rabbit hole, she needed detox and a reality check.

I read somewhere that while being interviewed it was obvious to everyone that Tracey was under the influence and not exactly in touch with reality. I've been trying to find where I read that but haven't had any luck. If/when I find it I'll post it.

Yes, it was discussed outside the jury's presence, but I'm looking at it that DT already knew that because they interviewed her, and still tried to influence the jury using the information in opening speech.

I think it should have been put on record in the jury's presence. If the detectives had taken the stand and said she was not deemed to be credible/was under the influence, there would be a record rather than it just being left as a matter not cleared up.

Imagine this scenario 10 or 15 years down the line in appeal. CM:: whinge whinge:: My counsel made an opening statement that there was a witness who came forward with information someone else confessed to the murders and that information could only have been known by the killer. My counsel did not call the witness, nothing was said. They didn't even call the landlord to testify. My counsel looked like buffoons that lied to the jury and harmed my case - they were ineffective.

There is a record of the discussions outside the jury's presence, but until someone from LE testifies the content of the record is just chat among counsel and not clearing it up opens the door to accusations of PT not calling all witnesses, helpful or unhelpful to their case.

I think the prosecution should have an eye on reducing the scope of future appeals and avoiding a retrial, because of unethical defence lawyers. It's unfinished business imo.

 

[citygirl]

I foresee CM throwing his lawyers under the bus.
It's coming.MOO.

 

[NuttMegg]

I'm still getting caught up in this interesting but terrible case, am now on trial day 14 or so. (Takes a lot of time).

Was anything made of the lack of shoes in the graves, none from any of the 4 victims?

 

[BeckyF]

I personally think, that they should be put to work. There's got to be something these useless people could do, to earn their keep--and keep them out of trouble. Whether they want to or not. I saw an old movie on TMC once, about life on a chain gang with actor Paul Muni (great film). Prior to Hollywood getting involved, prisons were actually pretty horrific and inmates suffered real punishment. I don't know for sure, but I imagine it cut down on recidivism.

I saw a similar movie on TCM with Paul Newman called Cool Hand Luke about life on a chain gang.

 

[wary]

I'm still getting caught up in this interesting but terrible case, am now on trial day 14 or so. (Takes a lot of time).

Was anything made of the lack of shoes in the graves, none from any of the 4 victims?

I don’t know what was made of it in the trial—I’d say that it’s evidence that, whether or not they were killed in their home, the attack originated in their home.

 

[citygirl]

I foresee CM throwing his lawyers under the bus.
It's coming.MOO.

I have a feeling McGee will be the first victim.
Deathly ill. Brings the trial to a halt for a month. Can't predict he can swim until he jumps in the pool.
Maline struggles trying to hold down the fort.
Then Imes jumps in.
I am hearing " oh what a feeling he's dancing on the ceiling".
MOO.

 

[Bernina]

I have a feeling McGee will be the first victim.
Deathly ill. Brings the trial to a halt for a month. Can't predict he can swim until he jumps in the pool.
Maline struggles trying to hold down the fort.
Then Imes jumps in.
I am hearing " oh what a feeling he's dancing on the ceiling".
MOO.

I believe JS covered all the bases for that. If I remember correctly, McGee's "illness", issues with witnesses, tampering, either side going beyond the previously agreed to boundaries, etc., were pretty much done out of the jury's presence. With the "loose" scheduling of the trial, delays were probably looked at as just a chilled out trial.
They weren't privy to all the BS we got to hear, read, or watch.
If CM has an issue with "speedy trial", that's on him with his own delay tactics over the years. (self-representation, illness, choice of lawyers, etc.)

 

[QueenBofOB]

I saw a similar movie on TCM with Paul Newman called Cool Hand Luke about life on a chain gang.

Another good one. The prisons used to be run in a way, that people wouldn't want to keep going back. Or better yet, never go at all.

 

[la2cabo]

Another good one. The prisons used to be run in a way, that people wouldn't want to keep going back. Or better yet, never go at all.

I think all prisons should be modeled after Russia's Black Dolphin Prison. Perhaps criminals would think twice before committing felonies.

Black Dolphin Prison - Wikipedia

 

[mrjitty]

What continues to baffle me is the way in which the matter of Tracey Riccobene fizzled out with not a word from either side.

I think it is exactly as you stated when the defence started pulling back from the DK theory and trying to get back on to "failure to investigate"

They realised they were too invested in DK being the killer and tried to pivot back towards the unknown killers in teams of 2

The prosecution set a nice wee trap, and I am afraid to say posters on here fell for it as well. The defence always knew DK had been investigated because they had the discovery. And that is what began to tumble out in gory detail. For example there is extreme cognitive dissonance involved in examing a detective on how he "failed to investigate" whilst discussing his interviews with DK, and the very paypal records that detectives had at the time and gave to the defence in discovery. The more they pushed, the more they emphasised that detectives knew all about DK's financial dipping.

So then they got in a bad place, and the more they pulled on the string, the more they tied their client to the fast sinking DK theory

No word from the prosecution about the defence's failure to call a logical witness.

I suspect this was a deal one with the Judge? No one was supposed to delve into this, but then McGee breached the judge order in relation to DK.

But I also wonder if it was tactical. Why remind the jury about all that stuff?

No word from the defence through their PI, after claiming TR knew about evidence that was not public.

At the time, i thought the failure of the PI to submit a report re Riccobene was tactical. But I wonder if they just did not want to call her and couldn't manufacture any reasons not to. She is probably very easy to find.

I know what attorneys say is not evidence and I know the jury can't consider matters not in evidence, but aside from that, what to make of it?

Is there going to be a surprise in defence closing in the penalty phase? An allegation perhaps that this was a "witness" the prosecutors had a duty to call and a hint that whatever statement she made originally is relevant to his continued professions of innocence?

I don't see how this could fly. Usually in these cases, there is some horsetrading about who will call which witness. TR is clearly better as a defence witness as they want to lead her EIC. So there is no excuse for the defence not to call her themselves.

Should the trial at least not have heard from the police or the FBI about why they turned her over to the defence?

Was this a set up by the defence, all along knowing she had no credibility, not intending to call her, so that they could attack Dan's alibi, and giving Merritt a loophole to claim ineffective assistance of counsel and/or prosecutorial misconduct?

It the witness herself is not called, it is hard to see why peripheral stuff would come into play.

IMO she most likely became a bad witness who would not come up to brief. It's quite possible she recanted - in which case she is just one more disaster for them

 

[mrjitty]

I don't think TR would of been a very credible witness for the DT, and it would of opened up issues for the DT they wouldn't have wanted on cross by the PT i would think? So maybe they thought it wouldn't be such a good idea after all?

it's quite possible she changed her mind about her testimony