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

[mrjitty]

I think coming back to this case after so long away, what really stands out is the defence never had any narrative of what Chase was doing over those days, that is founded in primary testimony.

They've got a lot of wild speculation about alternative accounting and transfer DNA and how on earth to explain away a stack of evidential points

But they can't given one sold timeline ...

 

[Tortoise]

This kind of forensic detail is why I prefer Judges summing up / verdicts

I have been very critical of Judge Smith's court room management, but wow, he did a great job here

Yes, taking the long view, all of this was necessary for the integrity of the case, at appeal.

 

[Tortoise]

I think coming back to this case after so long away, what really stands out is the defence never had any narrative of what Chase was doing over those days, that is founded in primary testimony.

They've got a lot of wild speculation about alternative accounting and transfer DNA and how on earth to explain away a stack of evidential points

But they can't given one sold timeline ...

Yes he was too busy removing traces of himself.

Haunting the roads with his soulless empty eyes staring ahead, phone switched off.

I think he is the most ruthless and depraved of all the murderers I have ever seen, at trial. And he would gladly see another man take the execution needle in his place.

All imo.

 

[thelmadawg]

Brian Rokos‏Verified account @Brian_Rokos 22m22 minutes ago

Snips with ??
. . .
CM's phone

• Had forensic evidence regarding crime in phone
• grave site tire tracks
• Joes phone records
• Photos of Joe and CM at Grave
• Standing alone Inconsequential but in totality with other circumstantial evidence - > has significance

. . .
Brian Rokos‏Verified account @Brian_Rokos 21m21 minutes ago
More evidence: The bodies were buried sometime between Feb 5-11, 2010, and cell phone tower records show Merritt was in the area.

Though I've followed this trial from the beginning to its painful conclusion, I apparently missed a few facts, and hope someone can help.

1. What evidence and photos were contained on CM's phone, and where is this detailed?
2. Do we know why McGee really left?
3. If the family was buried between on the 6th (Cell Tower Info) or thereafter, there would have been some pretty horrendous forensics taking place with the bodies - rigor etc. Was there any evidence as to where he might have kept the bodies or any factual evidence on this issue?

Thank you! Hopefully, the last we see of CM will be this upcoming Tuesday.

 

[Cryptic]

Though I did not watch the trial, I remember one thing during the investigation that struck me. Merrill had been interviewed by a news service and the interview had included some photographs. Merrill was dressed in western cowboy clothes.

Merrill seemed to be "striking poses" for the photos. His clothing appeared more than just being worn. Rather, it seemed well, "selected". Likewise, his "rugged but thoughtful" expression complemented the clothing. In short, he seemed to enjoy being photographed and had practiced for them.

A profiler once noted a similar "posing" in an earlier case where a man was being interviewed on television asking for help in finding his "missing wife".

The husband was dressed in seemingly selected clothing for a "rugged survivalist" look -and appeared to be posing as well. He was later convicted of murdering his wife. The profiler noted that such practiced behavior usually indicated big egos and that big egos were grounds for concern in these cases.

As a side note, nazi Doctor Mengele of Auchwitz infamy was also seen by survivors continuously preening and grooming himself in front of a mirror. Likewise, other SS officers from his training academy days related to war crimes investigators that they noticed Mengele enjoyed striking poses for various "looks" in and out of uniform.

Though Merrill and the other man were not motivated by neo Nazi ideology, both could well share Mengele's known narcissism and sociopathy.

 

[Force Ten]

Though I did not watch the trial, I remember one thing during the investigation that struck me. Merrill had been interviewed by a news service and the interview had included some photographs. Merrill was dressed in western cowboy clothes.

Merrill seemed to be "striking poses" for the photos. His clothing appeared more than just being worn. Rather, it seemed well, "selected". Likewise, his "rugged but thoughtful" expression complemented the clothing. In short, he seemed to enjoy being photographed and had practiced for them.

A profiler once noted a similar "posing" in an earlier case where a man was being interviewed on television asking for help in finding his "missing wife".

The husband was dressed in seemingly selected clothing for a "rugged survivalist" look -and appeared to be posing as well. He was later convicted of murdering his wife. The profiler noted that such practiced behavior usually indicated big egos and that big egos were grounds for concern in these cases.

As a side note, nazi Doctor Mengele of Auchwitz infamy was also seen by survivors continuously preening and grooming himself in front of a mirror. Likewise, other SS officers from his training academy days related to war crimes investigators that they noticed Mengele enjoyed striking poses for various "looks" in and out of uniform.

Though Merrill and the other man were not motivated by neo Nazi ideology, both could well share Mengele's known narcissism and sociopathy.

Well the jacket was a cheap jacket for starters. But that hat, he didn’t start wearing the cowboy hat until the interview, or at least after the murders. He usually didn’t wear a hat and if he did it was always a baseball cap.

 

[mrjitty]

Part 1 of yesterday's hearing - motion for a new trial

Maline looks absolutely pissed and done with this business at the close of this video.

My guess is that CM might have disclosed some "new info" relating to the cell business which might make it impossible for counsel to proceed. This happens most spectacularly if the accused were to admit the crime. But it also could happen where the accused told counsel about something which counsel knows to be false, or creates a conflict. e.g. might CM have told Maline that he wasn't at home or at MSM but actually somewhere else in the area? My 02c

My other guess is that CM had a go at him.

In any event the motion was denied, so we wonder what CM then told the Judge.

 

[mrjitty]

Didn't the judge say that Maline had submitted one or some of the motions just 15 minutes prior to the hearing?

Yes

 

[mrjitty]

Yes he was too busy removing traces of himself.

Haunting the roads with his soulless empty eyes staring ahead, phone switched off.

I think he is the most ruthless and depraved of all the murderers I have ever seen, at trial. And he would gladly see another man take the execution needle in his place.

All imo.

Yes.

It's shame the Judge didn't cover the "discovery story" and the dogs

IMO some of that stuff is the biggest giveaway of all. Especially visiting Joe's mum before the house. Then he had that stuff all mixed up between his versions.

 

[mrjitty]

One somewhat anorak validation of the trial process

I felt the judge did a great job of pointing out how little of the defence version was not actually in evidence but consisted of wild speculation

I tend to agree with him, that the defence did a reasonable job of muddying the waters over DNA and cell evidence. But it just didn't work. Bad luck.

IMO the back half of the defence run by Maline really hurt them.

Maline wildly overpromised on DK and didn't deliver. That made Chase look guilty, because DK actually had an alibi that held up in Court.

Forensic accounting? The witness couldn't explain away the cheques.

Chase's whereabouts for all the cell site hits? No reliable witness could place him at the alleged locations at the right times.

In hindsight, they might have been better to drop the whole DK thing.

I also suspect the whole "prosecutor wants to fit Chase up" was overplayed, especially if not running the DK conspiracy

 

[katydid23]

This kind of forensic detail is why I prefer Judges summing up / verdicts

I have been very critical of Judge Smith's court room management, but wow, he did a great job here

He really did do an amazing job of organising those incriminating details, and expressing them almost casually, in a flowing timeline. I loved it.

And if you watch that portion of the video, you can clearly see all the colour drain from the killer's face. He literally gets the life sucked out of him, minute by minute, as he begins to realise IT'S OVER.....this judge is serious and it's over....no motions will be approved. No new trial will be allowed...

In the beginning of the judge's summation, CM is still taking notes and whispering orders to Maline...but about 1/3 of the way through, he stops doing any of that and he just stares, almost in disbelief, and listens to the judge ticking off each and every transgression, in perfect order....

And you can see the total change in Merritt's demeanour and body language. He actually surrenders and gives up the fight during the judge's awesome rap.

 

[katydid23]

One somewhat anorak validation of the trial process

I felt the judge did a great job of pointing out how little of the defence version was not actually in evidence but consisted of wild speculation

I tend to agree with him, that the defence did a reasonable job of muddying the waters over DNA and cell evidence. But it just didn't work. Bad luck.

IMO the back half of the defence run by Maline really hurt them.

Maline wildly overpromised on DK and didn't deliver. That made Chase look guilty, because DK actually had an alibi that held up in Court.

Forensic accounting? The witness couldn't explain away the cheques.

Chase's whereabouts for all the cell site hits? No reliable witness could place him at the alleged locations at the right times.

In hindsight, they might have been better to drop the whole DK thing.

I also suspect the whole "prosecutor wants to fit Chase up" was overplayed, especially if not running the DK conspiracy

I think one of the worst missteps was the defense Opening Statements. We didn't get to see all of it because we lost our cameras halfway through.

But they did a PowerPoint presentation on DK's girlfriend and her accusations against him and her description of his murder confession. They promised a bombshell.

If I was a juror I would be eagerly awaiting her testimony. Especially because they brought up DK every time they could.

So it looked really weak the they didn't call her and they instead blamed the prosecution for her being missing. That hurt their credibility a lot, imo.

 

[mrjitty]

I think one of the worst missteps was the defense Opening Statements. We didn't get to see all of it because we lost our cameras halfway through.

But they did a PowerPoint presentation on DK's girlfriend and her accusations against him and her description of his murder confession. They promised a bombshell.

If I was a juror I would be eagerly awaiting her testimony. Especially because they brought up DK every time they could.

So it looked really weak the they didn't call her and they instead blamed the prosecution for her being missing. That hurt their credibility a lot, imo.

Agreed.

Indeed i went through all that after @Tortoise provided a transcript, to find all the lies they told.

I was actually expecting the mistrial application to include DK/Tracey but they never mentioned it. I would have thought Chase would want to call him

There must be some reason they all didn't want to do it.

 

[mrjitty]

He really did do an amazing job of organising those incriminating details, and expressing them almost casually, in a flowing timeline. I loved it.

And if you watch that portion of the video, you can clearly see all the colour drain from the killer's face. He literally gets the life sucked out of him, minute by minute, as he begins to realise IT'S OVER.....this judge is serious and it's over....no motions will be approved. No new trial will be allowed...

In the beginning of the judge's summation, CM is still taking notes and whispering orders to Maline...but about 1/3 of the way through, he stops doing any of that and he just stares, almost in disbelief, and listens to the judge ticking off each and every transgression, in perfect order....

And you can see the total change in Merritt's demeanour and body language. He actually surrenders and gives up the fight during the judge's awesome rap.

Agreed.

The Judge had spent many hours going through all the evidence point by point in preparation for the motion.

 

[oceanblueeyes]

Yes he was too busy removing traces of himself.

Haunting the roads with his soulless empty eyes staring ahead, phone switched off.

I think he is the most ruthless and depraved of all the murderers I have ever seen, at trial. And he would gladly see another man take the execution needle in his place.

All imo.

Ita! CM is truly the face of pure diabolical evil.

I can't begin to even count the death penalty cases I've followed to conclusion.

But NEVER have I seen a defendant this fearful, or more terrified of going to death row.

This is why CM is pulling every stunt he can think of trying to prevent it from happening.

He knows he's put a bullseye target squarely on his back when he murdered two helpless little children with a sledgehammer, and the coward is scared to death. Good. He will have to watch his back constantly.

I find it rich that now the hunter knows he will likely become the hunted, never knowing who his true buddies are.

I hope he spends every moment on death row having to watch his back.

I don't have one doubt at all that JS will impose death. I've previously said if death penalty cases could still be presided over in a bench trial by one sole judge, JS would have streamed lined the case, and would have imposed death already.

Its obvious JS is certain the evidence entered shows CM is guilty. JS doesnt even feel it's been BARD proven, but proved beyond all doubt, imo.

So CM can kick, scream, and pull all of the hissy fits he wants, but the correct sentence of death is coming, and the coward knows it already.

Imo, this case will never be overturned on appeal. JS has made sure of it by his excellent rulings.

Jmhoo

 

[Tortoise]

He really did do an amazing job of organising those incriminating details, and expressing them almost casually, in a flowing timeline. I loved it.

And if you watch that portion of the video, you can clearly see all the colour drain from the killer's face. He literally gets the life sucked out of him, minute by minute, as he begins to realise IT'S OVER.....this judge is serious and it's over....no motions will be approved. No new trial will be allowed...

In the beginning of the judge's summation, CM is still taking notes and whispering orders to Maline...but about 1/3 of the way through, he stops doing any of that and he just stares, almost in disbelief, and listens to the judge ticking off each and every transgression, in perfect order....

And you can see the total change in Merritt's demeanour and body language. He actually surrenders and gives up the fight during the judge's awesome rap.

I agree and I would add that he only gives up the fight against this judge.

He will exhaust every avenue. Writ of Habeas Corpus next? Or is there a time limit on that which has expired? I think he gave up when the judge said no to putting Vlad on the stand and having to remove the 40-odd new exhibits created since trial.

 

[Cryptic]

Well the jacket was a cheap jacket for starters. But that hat, he didn’t start wearing the cowboy hat until the interview, or at least after the murders. He usually didn’t wear a hat and if he did it was always a baseball cap.

The fact that Merrill was not known to go "rugged cowboy" until the interview can support the possibility that he was striving for a posed look that was attractive to him at the time.

As for the cheap western jacket, he could well of preferred a more expensive one. People with big egos tend to want the he best. But in the end, the overall "look" can be more important than the prestige derived from a brand.

I would not be surprised if Merrill had experimented with other looks in the past. Maybe say, laid back SOCAL beach bum- perhaps with the expensive beach brands, perhaps with out?

 

[Niner]

@Cryptic - his name is Merritt - not Merrill that you are using - just an FYI!

 

[Tortoise]

Just a transcript from the end of part 1 video

1:07:05
Judge: And how long do you want, to do that?
RM: I'll do as long as you'll give me your honour, if you want to cut me off, that's...but my intention is to finish what I have to tell the court and, until you don't want to listen anymore. That's my, that's my goal. If I had to estimate at least on this issue, I could probably do that in 15 minutes, 20 minutes. [CM looks confused]
Judge: Alright I'll give you 15 minutes.
CM: [gives an exasperated sigh]. Your honour..
RM: [whispers to CM]- you can't talk.
CM: [to RM] Tell him I'd like to talk to you about it.
RM: ok he wants to have a talk with me your honour.
Judge: I'm sorry?
RM: he wants to um take a few minutes to er talk with me, if that's ok.
Judge: Sure, we'll take a 10 minute recess. Um I guess we'll take maybe about a 40 minute recess for lunch since it's after 12. So we'll be in recess until 12:45.

After lunch:
Judge: Mr Maline you wanted to be heard on the misconduct issue?
RM: Uh yeah, before that your honour um I wanted to talk to my client, he wanted to talk to me before the break, he informed me during the break that he does not want me to continue um as his lawyer um, he's also disclosed some other issues that would um necessitate uh the filing of a conflict, or [?] a conflict based on what he has told me at this point. Um I don't feel in good conscience based on what I've been told that I could go forward, um and that's where we're at.
Judge: Alright, so we can have a Marsden hearing uh with Mr Merritt where he can indicate the reasons he does not wish counsel to go forward or he does not wish to continue with Mr Maline so I'm going to have to ask everyone to leave the courtroom for a few minutes while we do that. Cameras off.

 

[Cryptic]

@Cryptic - his name is Merritt - not Merrill that you are using - just an FYI!

Oops. Thanks for the correction.