Chase Merritt SENTENCED TO DEATH for murder of McStay Family POST TRIAL THOUGHTS

[la2cabo]

the only thing that makes sense to me is if the motions that Merritt is insisting upon, is in conflict with McGee's interest- because the motions are throwing McGee under the bus.

I think Merritt will be complaining that his defense case was irreparably harmed by McGee's absence during the heart of the case, and it affected the outcome of the trial, JMO.

The good news is they can claim whatever they want but it doesn't necessarily make it factual. There is an extremely high bar that has to be met in order for Merritt to be granted a new trial. In my opinion Judge Smith did everything he could to eliminate any reasons for the DT to be granted a new trial or win any appeals.

 

[Karinna]

The good news is they can claim whatever they want but it doesn't necessarily make it factual. There is an extremely high bar that has to be met in order for Merritt to be granted a new trial. In my opinion Judge Smith did everything he could to eliminate any reasons for the DT to be granted a new trial or win any appeals.

Exactly, that is my opinion as well. It's not like McGee was gone for the rest of the duration of the Trial. It was only a few days off sick IIRC, from one week to the next? And the Judge didn't see any reasons that Maline couldn't carry on with it by himself, because JS would of been well aware of what California statute allows in such circumstances, IMO.

 

[Force Ten]

Exactly, that is my opinion as well. It's not like McGee was gone for the rest of the duration of the Trial. It was only a few days off sick IIRC, from one week to the next? And the Judge didn't see any reasons that Maline couldn't carry on with it by himself, because JS would of been well aware of what California statute allows in such circumstances, IMO.

Didn't the judge put the trial on the hiatus for a week or so as well?

 

[geevee]

Didn't the judge put the trial on the hiatus for a week or so as well?

I believe so, during the defense's CiC the videos jump from May 8th to May 13 and then not again until May 21 (when evidence closes, jury instructions begin on May 28th).

I think McGee has a couple of conflicts, one likely (imo) being Maline asking for a new trial in part because of McGee's absences, and McGee thinking about running for judge and wanting his scheduled cleared for that (and maybe wanting to distance himself from this whole trial).

If Maline is using his absences, that would certainly pit one attorney against the other as McGee has to defend himself against his own co-counsel's charge while asking the judge for a new trial on whatever other basis they have. Sticky situation.

 

[missy1974]

Exactly, that is my opinion as well. It's not like McGee was gone for the rest of the duration of the Trial. It was only a few days off sick IIRC, from one week to the next? And the Judge didn't see any reasons that Maline couldn't carry on with it by himself, because JS would of been well aware of what California statute allows in such circumstances, IMO.

The judge gave the breaks because Maline couldn't carry on by himself. It was more than a few days off. They were off for a week or 2, McGee came back, later that day he told the judge he was not ready to come back and I believe they had yet another week or 2 off. Maline did question a few witnesses when McGee was off, but that then that created a situation later during the closing arguments when McGee said something about Dan not being called as a logical witness.

I believe so, during the defense's CiC the videos jump from May 8th to May 13 and then not again until May 21 (when evidence closes, jury instructions begin on May 28th).

I think McGee has a couple of conflicts, one likely (imo) being Maline asking for a new trial in part because of McGee's absences, and McGee thinking about running for judge and wanting his scheduled cleared for that (and maybe wanting to distance himself from this whole trial).

If Maline is using his absences, that would certainly pit one attorney against the other as McGee has to defend himself against his own co-counsel's charge while asking the judge for a new trial on whatever other basis they have. Sticky situation.

Hi @geevee Thanks for the dates, I couldn't remember exactly how long (seemed like forever though, didn't it? lol)

I agree with your thoughts. Makes sense.

 

[geevee]

The judge gave the breaks because Maline couldn't carry on by himself. It was more than a few days off. They were off for a week or 2, McGee came back, later that day he told the judge he was not ready to come back and I believe they had yet another week or 2 off. Maline did question a few witnesses when McGee was off, but that then that created a situation later during the closing arguments when McGee said something about Dan not being called as a logical witness.



Hi @geevee Thanks for the dates, I couldn't remember exactly how long (seemed like forever though, didn't it? lol)

I agree with your thoughts. Makes sense.

Hiya Missy, and yes, it sure did, everything about this trial has seemed like forever, and the appeals are likely to go on for years...maybe we should be happy McGee isn't trying for a seat on the appellate court. lol Of course he'd have to recuse but...the drama.

 

[Karinna]

Didn't the judge put the trial on the hiatus for a week or so as well?

Not sure?

 

[Karinna]

I did find these tweets from CR.
Cathy Russon‏ @cathyrusson 10m10 minutes ago
#McStay - Defense will finish with Bachman at some point tomorrow and they will call their defense investigator. They still have Dr. Rudin who would likely be next week, but he's McGee's witness. The judge wants the defense to at least continue with those witnesses (cont)

Cathy Russon‏ @cathyrusson 9m9 minutes ago
#McStay - (cont) Judge says as far as the rest of the evidence if McGee and his doctor think he can continue next week then they will, if not they may have to talk about a continuance depending on predicted length of time.
CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #18

 

[Bobcat1]

If you followed the McStay Murder Trial you might want to follow the Jodi Arias (Jodi Arias Update: Murder Conviction Appeal Begins, Could Give Killer New Trial) Appeal.

You can bet the Merritt Defense will try a similar path to his Appeal. You can be sure there will be several more parts to the appeal, but you can also bet prosecutorial misconduct will be a part of the defenses filing.

IYR the defense already started with prosecutorial misconduct and the judge didn't allow both the prosecution and the defense as to misconduct.

 

[Niner]

Friday, November 1st:
*Motion Hearing (withdraw of counsel) (@ 1pm PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt aka Charles Ray Mandel aka Charles Ray Morritt aka Chase Meredith aka Chase Jarvis (57/now 62) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance. Plead not guilty. Held without bond. DP case.
Trial started 1/7/19. Dark on all Fridays. Jurors started with 8 women & 4 men; now have 9 women & 3 men (alternates started with 4 men & 2 women-alternates left 1 men & 1 woman). Took about 22 hours of deliberations for guilty verdict on all 4 counts of 1st degree murder with special circumstance.
Trial Days (1-63: 1/7/19 thru 6/7/19) & Verdict (6/10/19) & Penalty Phase (Day 1-5: 6/11/19 thru 6/21/19) reference post #998 here:
GUILTY - Chase Merritt Charged W/Murder of Joseph, Summer, Gianni and Joe Jr McStay #4
6/24/19 Day 6: Jurors have reached a verdict after 5 hours of deliberations. It will be read at 4pm. Verdict: Count 1 LWOP (Joey), Count 2 Death (Summer), Count 3 Death (Gianni), Count 4 Death (Joey, Jr.). Judge dismisses jurors. Judge Smith sets sentencing on Sept. 27.
9/27/19 Update: The lead defense attorney James McGee has filed a motion (on 9/17/19) to withdraw from the case and asked to delay the scheduled Friday, Sept. 27, sentencing of his client. In a court filing, James E. McGee said a conflict of interest has emerged that prevents him & a lawyer in his firm from continuing to represent Merritt: “Counsel is informed and believes that the motions Mr. Merritt wishes to bring has created an actual conflict of interest.” Judge met with counsel & Merritt in chambers to discuss further. Judge: Defense needs additional time to file any motions for a new trial and to reduce the sentence. Judge set deadlines: Motions (Motion for New Trial & Motion for Reduction of Sentence) by defense to be filed by Nov 22, response from state Dec. 9. Hearing on McGee's motion to withdraw is set for Nov. 1 (closed hearing). Sentencing hearing was rescheduled for December 13th, post conviction defense motions will also be heard on that date. Both at 1:30pm. Judge: If we reach the point where Mr. McGee still says he has a conflict and he can't continue we need to reassess if Mr. Maline can continue.

 

[katydid23]

So, closed hearing set for today, on McGee's motion to withdraw. Wish we could hear this.

 

[Bobcat1]

Well today Patrick informed me that McGee was allowed to withdraw and it is solely on Maline now.

Also the Sentencing has been changed to January 17, 2020 from December 13, 2019.

Just more bs!

 

[Recidivist]

Thank you Bobcat for the information.

 

[geevee]

Thanks for the info Bobcat, I just saw this tweet:

JD Crighton@JDCrighton·3h

Defense attorney James McGee request to be relieved as counsel for Charles "Chase" Merritt approved in closed hearing Monday. Sentencing delayed to 9:30 am January 17, 2020. #McStay
----
Mark your calendars (again) folks.

I wonder that with McGee being out now, if the appeal is going to have an ineffective counsel angle in it where McGee is concerned? I too think the Arias appeal and Merritt's will have some similarities so keeping an eye on hers is a good idea.

 

[Karinna]

Thanks for the updates. So sentencing is definitely now going ahead 17th. January i gather?
Glad they got it sorted.

 

[Niner]

Wasn't there going to be a motions hearing on 12/13 also?

from my notes:

post conviction defense motions will also be heard on that date. (12/13/19)

Or is that also moved to 1/17? TIA!

 

[katydid23]

Thanks for the updates. So sentencing is definitely now going ahead 17th. January i gather?
Glad they got it sorted.

HOPEFULLY sentencing will happen on that date in January...but I am afraid that there may be a new wrinkle, since McGee was allowed to jump ship.

I am pretty sure that Maline will file some kind of emergency motion, appealing the verdict for some desperate reason, and demanding a new trial. He probably won't get one, but makes me nervous just the same. Especially since we don't know why McGee was able to claim 'conflict of interest' yet.

Is it going to be an alleged case of ineffective counsel because McGee missed so much time during the defense portion of the case? Or because they decided NOT to present mitigating factors and instead tried the 'lingering doubts' defense, which was an Epic Fail ?

 

[oceanblueeyes]

HOPEFULLY sentencing will happen on that date in January...but I am afraid that there may be a new wrinkle, since McGee was allowed to jump ship.

I am pretty sure that Maline will file some kind of emergency motion, appealing the verdict for some desperate reason, and demanding a new trial. He probably won't get one, but makes me nervous just the same. Especially since we don't know why McGee was able to claim 'conflict of interest' yet.

Is it going to be an alleged case of ineffective counsel because McGee missed so much time during the defense portion of the case? Or because they decided NOT to present mitigating factors and instead tried the 'lingering doubts' defense, which was an Epic Fail ?

Morning everyone! LTNS my fellow Meritt trial watchers!
I felt all along JS would resolve the conflict issues.

While we would like to know what specifically the conflicts were, what is most important they have been legally resolved. I have no doubt whatsoever JS put everything on the record that he legally knew is required to be there in order to protect the case.

While this CA trial has been beyond bizarre, I've never heard of any DT using their own chosen strategies against themselves as part of wanting a new trial.

Imoo a new trial will not be granted.

As far as using prosecutorial misconduct that's become so common place now. It's easy to accuse anyone of anything as we saw this DT do throughout the trial, but to actually prove it requires a very high burdern of proof. So is using ineffective assistance of counsel.

All of JSs rulings were soundly based backed up with cited law. If trials are overturned as you know, it is mostly done when the presiding judge erred in their rulings.

The rulings must be so egregious overall it would have changed the overall total outcome against any defendant including the verdict.

Imo, JS made sound legal rulings. He will not grant a new trial he presided over with due diligence. Imo, it's a total waste of time.

As far as the Arias trial, I do not think the appellate court will overturn her trial either. Even if prosecutorial misconduct occurred behind the scenes it did not affect the trial itself, and she was highly represented by KN, and team. She got more than a fair trial. Imoo.

Jmho

 

[Karinna]

Morning everyone! LTNS my fellow Meritt trial watchers!
I felt all along JS would resolve the conflict issues.

While we would like to know what specifically the conflicts were, what is most important they have been legally resolved. I have no doubt whatsoever JS put everything on the record that he legally knew is required to be there in order to protect the case.

While this CA trial has been beyond bizarre, I've never heard of any DT using their own chosen strategies against themselves as part of wanting a new trial.

Imoo a new trial will not be granted.

As far as using prosecutorial misconduct that's become so common place now. It's easy to accuse anyone of anything as we saw this DT do throughout the trial, but to actually prove it requires a very high burdern of proof. So is using ineffective assistance of counsel.

All of JSs rulings were soundly based backed up with cited law. If trials are overturned as you know, it is mostly done when the presiding judge erred in their rulings.

The rulings must be so egregious overall it would have changed the overall total outcome against any defendant including the verdict.

Imo, JS made sound legal rulings. He will not grant a new trial he presided over with due diligence. Imo, it's a total waste of time.

As far as the Arias trial, I do not think the appellate court will overturn her trial either. Even if prosecutorial misconduct occurred behind the scenes it did not affect the trial itself, and she was highly represented by KN, and team. She got more than a fair trial. Imoo.

Jmho

ITA, and i don't think there was really anything to acquit CM with. His only witnesses really were family members, and they really weren't credible on the witness stand. So in that regard CM couldn't make a case for himself that he was innocent of committing the crime. His DT didn't have that much to work with, and their experts didn't prove much either, IMO.

 

[oceanblueeyes]

ITA, and i don't think there was really anything to acquit CM with. His only witnesses really were family members, and they really weren't credible on the witness stand. So in that regard CM couldn't make a case for himself that he was innocent of committing the crime. His DT didn't have that much to work with, and their experts didn't prove much either, IMO.

Exactly! Always nice to see you posting!

When putting forth any mitigating witnesses it also opens the door for the state to bring forth a plethora of witnesses to refute them all.

Imo, any mitigating witnesses the DT may have been able to scrounge up would have major credibility baggage of their own.

I mean who in the heck would testify to his good character when he has none? Imo, only those just like him who ran in his circle of scams, and cons.

CM really has no one else to blame for the life he's led. It is what it is. He made his bed, and must suck it up now. This is the legacy he's left behind starting as a juvenile, imo.

It's not JSs fault the DT had no truly credible mitigating witnesses to call that would have held up under cross examinations. JS gave them wide latitude to put on their case.

We can all bank on it when the final phase finally comes to pass the state will have enough bad character witnesses against this evil man including McStay family members, and so many more who were also conned, and victimized by Merritt.

As an aside: lately I've been reading how many in CA are sick of their governor already, and how he promised when campaigning he would honor what the majority wanted only to daily do the opposite making the citizens far less safer.

Anyway, it gives me hope he will serve one term, and I believe CA may elect one who believes in honoring what all CA DP juries decided when they recommended the death penalty was the only just sentence in over 700 individuals who haven't been executed.

I also believe they will find a way to expedite the long ridiculous appeals. Iirc, they had already announced they would be doing this before Newsome became governor.

Unortunately it always takes way too long to correct any terrible wrong.

Just look how long it took to enact prison reform for those who were sent to prison for decades for far less crimes. Now they each have their own mentors when released, are learning job skills, and are found employment which gives them the best chance, and is far safer overall for society as a whole. There again it blows my mind it took so so many years to right a terrible wrong, but thankfully it now has happen in 2019.

However in CA they had already been releasing many thousands ...years before prison reform was enacted this year. Those they knew who were violent offenders with many being violent rapists, pedophiles, and even murderers.

I admit I've never understood why CA releases violent offenders back on the streets way before serving their time, and among law abiding citizens again or why their own citizens tolerate it by putting up with it.


Jmho