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

[katydid23]

Maline stated, “I don’t feel I have a conflict,” but asked for a postponement in the sentencing because, he said, the substance of the motions to be made on Merritt’s behalf “deals with a lot of the work that was done by Mr. McGee.”

At that point, McGee, Guerard and Maline accompanied Merritt into a private conference with Judge Smith in his judicial chambers.

They subsequently emerged, at which point Judge Smith said, “There is a conflict between Mr. Merritt and Mr. McGee that would keep Mr. McGee from representing Mr. Merritt.”

Accordingly, Judge Smith said, he was going to grant a continuance for the defense team, giving it “time to investigate where they need to go. None of the motions have been filed, so the defense does need additional time to file motions for a new trial and to reduce the sentence. We tentatively discussed going over to December 13 for a hearing on any post-conviction motions and sentencing.”

Judge Smith then said he would hold an in-camera “conference on whether or not Mr. McGee should be relieved on November 1 at 1:30.” Judge Smith said that exchange would deal with “any issues to be addressed and whether there is a conflict, and Mr. McGee should be relieved. Mr. Merritt is entitled to a conflict-free counsel.”

Judge Smith, without divulging what had been said during the in-camera exchange in his chambers, offered a tantalizing glimpse of what might have been at issue when he alluded to “pitting one counsel against another. That is a concern if we reach the point where Mr. McGee says, ‘Despite whatever the discussions are, I feel I have a conflict and cannot continue.’”


Unspecified Conflict Involving Attorney Delays Merritt Sentencing In McStay Case | SBCSentinel

 

[Bobcat1]

So now my next question is, what happens when on November 1, McGee is released and withdraws. Is the next step for Maline to then ask for another delay in order to add new council to the defense team. Or does Judge Smith then allow time for new council or additional council to be added because Maline isn't death penalty qualified? Then there is also the motions for reduction of sentencing and a new trial. Does the court accept any motions filed by Maline if he is deemed to be not death penalty qualified? Or could the court then throw out the motions for the above if filed by McGee and Maline, since McGee is then released and no longer on the defense team? You can bet that Maline is trying to find more ways to stall!

 

[missy1974]

So now my next question is, what happens when on November 1, McGee is released and withdraws. Is the next step for Maline to then ask for another delay in order to add new council to the defense team. Or does Judge Smith then allow time for new council or additional council to be added because Maline isn't death penalty qualified? Then there is also the motions for reduction of sentencing and a new trial. Does the court accept any motions filed by Maline if he is deemed to be not death penalty qualified? Or could the court then throw out the motions for the above if filed by McGee and Maline, since McGee is then released and no longer on the defense team? You can bet that Maline is trying to find more ways to stall!

I wondered about this too, but during the hearing, there was no mention that Maline couldn't go forward because he is not DP qualified if McGee leaves. It was mentioned that it was like pitting attorney against attorney, and Imes wondered if Maline would then have a conflict, but the judge said that there is less chance since they are no longer in the same firm, but they may have to address that as well. Seemed to me that the judge didn't think Maline going forward was going to be an issue though, and neither did Maline.

The motions are due after the hearing to address the withdrawal, so if McGee leaves, he won't be signing any motions since I wouldn't expect them to be filed until November 22nd when they are due. I do think it's definitely a reason why no motions were filed though after McGee filed on Sept 17th to withdraw.

 

[oceanblueeyes]

BBM, Because IMO they are FOS. They knew they couldn't put DK on the stand because he would be a liability to their defence and remove the last little bit of doubt that he wasn't involved.
This way there can still be accusations thrown at DK and try and implicate he was somehow involved without ever having had him up on the witness stand so he had the opportunity to clear himself publicly. Just how i see it anyway.
And wasn't it Maline who has vowed he's going to see this through to the bitter end backing the murderer until Merritt is free, Barf!

Exactly!

After following hideous cold stone murderers for probably way too long now, I'm still appalled to know how others are so willing to sell their own moral compasses, and souls for the most evil who has ever walked among us all.

JMHOO

 

[oceanblueeyes]

I wondered about this too, but during the hearing, there was no mention that Maline couldn't go forward because he is not DP qualified if McGee leaves. It was mentioned that it was like pitting attorney against attorney, and Imes wondered if Maline would then have a conflict, but the judge said that there is less chance since they are no longer in the same firm, but they may have to address that as well. Seemed to me that the judge didn't think Maline going forward was going to be an issue though, and neither did Maline.

The motions are due after the hearing to address the withdrawal, so if McGee leaves, he won't be signing any motions since I wouldn't expect them to be filed until November 22nd when they are due. I do think it's definitely a reason why no motions were filed though after McGee filed on Sept 17th to withdraw.

Hi Missy!

All I can hope, and pray for is all of this can be resolved
... with it at least beginning toward justice for all victim family members who have been left twisting in the wind already for far too long.

Jmoo

 

[oceanblueeyes]

So now my next question is, what happens when on November 1, McGee is released and withdraws. Is the next step for Maline to then ask for another delay in order to add new council to the defense team. Or does Judge Smith then allow time for new council or additional council to be added because Maline isn't death penalty qualified? Then there is also the motions for reduction of sentencing and a new trial. Does the court accept any motions filed by Maline if he is deemed to be not death penalty qualified? Or could the court then throw out the motions for the above if filed by McGee and Maline, since McGee is then released and no longer on the defense team? You can bet that Maline is trying to find more ways to stall!

Hello Bob! What will happen is really anyone's guess.

My own opinion is JS will resolve the issues, and Maline will be the one to go forward by himself.

It doesn't take two or more to be qualified in DP trials by either side. It's even less needed at the final phase.

JS already considers Maline as DP qualified. If not, the trial would have come to a complete stop when McGee was absent.

Example in the Arias DP trial both the prosecutor, and defense were done by sole attorneys for each side.

I could list various DP trials in other states, but I'm extremely tired tonight after spending a full day happily with so many of our family members.

Imo, JS will allow him to have an legal assistant sitting at his table or more than one.

I hope my opinion, and other helps ease your mind some.

Jmho

 

[oceanblueeyes]

Bob!

What I believe will happen is now Maline will ask for another long delay.

Then he will use the excuse that he needs much more time to prepare.

CA is totally different than any other state including judges. Sigh.

Other judges in other states would dress down any attorney on either side, if they didn't know the cases like the back of their hand at this point, and would immediately deny the motion, moving this phase on expeditiously.

Maline has had way more than ample time to go over McGee's work product. All DTs go over what they are doing on a daily basis before the trial even begins.

So he was perfectly capable of doing McGee's witnesses in the trial, but now all of a sudden he's not? I call BS!

Other attorneys would be harshly rebuked on the record for daring to use this as a lame excuse for another long delay.

Alas, for all of the affected, both murdered victims, and those who are family members involved, these horrible crimes were committed in CA.

Jmhoo

 

[Karinna]

I wondered about this too, but during the hearing, there was no mention that Maline couldn't go forward because he is not DP qualified if McGee leaves. It was mentioned that it was like pitting attorney against attorney, and Imes wondered if Maline would then have a conflict, but the judge said that there is less chance since they are no longer in the same firm, but they may have to address that as well. Seemed to me that the judge didn't think Maline going forward was going to be an issue though, and neither did Maline.

The motions are due after the hearing to address the withdrawal, so if McGee leaves, he won't be signing any motions since I wouldn't expect them to be filed until November 22nd when they are due. I do think it's definitely a reason why no motions were filed though after McGee filed on Sept 17th to withdraw.

If Maline wasn't up to the job wouldn't Judge Smith have put a stay on the Trial when McGee was off sick? But he allowed Maline to carry on with the defence of CM so i imagine Maline is up to the task, especially since he is qualified enough to be co counsel in a capital murder case. IMO.

 

[Karinna]

Hello Bob! What will happen is really anyone's guess.

My own opinion is JS will resolve the issues, and Maline will be the one to go forward by himself.

It doesn't take two or more to be qualified in DP trials by either side. It's even less needed at the final phase.

JS already considers Maline as DP qualified. If not, the trial would have come to a complete stop when McGee was absent.

Example in the Arias DP trial both the prosecutor, and defense were done by sole attorneys for each side.

I could list various DP trials in other states, but I'm extremely tired tonight after spending a full day happily with so many of our family members.

Imo, JS will allow him to have an legal assistant sitting at his table or more than one.

I hope my opinion, and other helps ease your mind some.

Jmho

I agree, and just posted about Maline in that regard as well from taking over from McGee at Trial before i read your post,

 

[Tortoise]

Being the cynic that I am, it wouldn't surprise me if this was the long game right from the start of trial. They had no defense, no one else committed these murders so they were never going to be able to produce any evidence of it! When McGee went off sick and Imes said he was out dancing I think they were taking the mickey and hoping Judge Smith would declare a mistrial. Second best option, claim he was ineffective because he was sick. IMO.

The mud didn't stick and the smart jury sat with all the delays and saw through all the smokescreens. The defense was always a complete scam/sham and they tried to sabotage the trial.

The jail tapes were gold dust!

MOO

 

[oceanblueeyes]

Being the cynic that I am, it wouldn't surprise me if this was the long game right from the start of trial. They had no defense, no one else committed these murders so they were never going to be able to produce any evidence of it! When McGee went off sick and Imes said he was out dancing I think they were taking the mickey and hoping Judge Smith would declare a mistrial. Second best option, claim he was ineffective because he was sick. IMO.

The mud didn't stick and the smart jury sat with all the delays and saw through all the smokescreens. The defense was always a complete scam/sham and they tried to sabotage the trial.

The jail tapes were gold dust!

MOO

Bravo, Tortoise!

I sure have missed you!

Of course, ITA with you!

This wasn't only a horrific mass murder case in its quest for justice.

It also was a trial who exposed more than one worthless pathetic loser, but in the end, it showed there were two more with the one who started it all to begin with.

Imo, that is why none of the defense strategy never made any logical sense to most of us. Imo, you are totally correct as to why. They had no evidence in favor of their client.

Imo, the strategy they planned to use was the Jose Baez strategy.

Remember all the promises they made in OS just like JB did, with neither defense attorneys even having any evidence proving any of their unsupported smear tactics?

Since this DT had no evidence favoring CM in any way they thought they would use the JB smear tactics too.

I have long read if defense attorneys do not have the facts on their side, then they argue the law. If they dont have either one on their side, then they will blind the juries by feeding them with BS hoping the juries don't have the capabilities to know the stark differences between fiction, and supported factual nonfiction.

Tragically for little Caylee, JB found his clueless 12 Pinellas jurors.

However, it's hard to pull of the same thing again, especially when everyone knew Caylee had been robbed of her own justice because the jury preferred fiction over facts.

A rerun of anything is never as successful as the original including when defense attorneys use it again. Thank God for that, and cases like Caylee's, and a few others are still anomalies in our justice system.

Jmho

 

[Karinna]

Being the cynic that I am, it wouldn't surprise me if this was the long game right from the start of trial. They had no defense, no one else committed these murders so they were never going to be able to produce any evidence of it! When McGee went off sick and Imes said he was out dancing I think they were taking the mickey and hoping Judge Smith would declare a mistrial. Second best option, claim he was ineffective because he was sick. IMO.

The mud didn't stick and the smart jury sat with all the delays and saw through all the smokescreens. The defense was always a complete scam/sham and they tried to sabotage the trial.

The jail tapes were gold dust!

MOO

You are exactly right. The defense was a sham. I think a few peeps said during the trial that the DT was more or less the gift that keeps on giving to the PT.
Merritt's own family members as witnesses couldn't even help him because you can't defend the indefensible. And aside from them who did he really have that would or could witness for him? Nobody IMO.
And of course we had those really well paid experts that kind of fizzled too. And rightly so because Merritt is a Dud. Just a loser murdering that needs to pay big for the untold suffering he has caused to numerous decent human beings.

 

[Jewels53]

I have never commented on this case, I did follow along with you all during the Trial.

This is totally insane the delay by the defense. This delay could have happened before the hearing date. imo

The only other crazy trial I followed on WS was the Charli Scott Trial from Hawaii. That Trial took 9 mo with many breaks for vacations and Holidays. It was a no body trial and Steven Capobianco was found guilty.

GUILTY - HI - Carly Joann 'Charli' Scott, 27, pregnant, Makawao, 9 Feb 2014 - #7

I pray this comes to a conclusion very soon!

 

[oceanblueeyes]

You are exactly right. The defense was a sham. I think a few peeps said during the trial that the DT was more or less the gift that keeps on giving to the PT.
Merritt's own family members as witnesses couldn't even help him because you can't defend the indefensible. And aside from them who did he really have that would or could witness for him? Nobody IMO.
And of course we had those really well paid experts that kind of fizzled too. And rightly so because Merritt is a Dud. Just a loser murdering *** that needs to pay big for the untold suffering he has caused to numerous decent human beings.

I couldn't agree with you more my friend!

I believe that is why CM wants to retry the guilt phase.

Who is Maline going to have testify about his good character when his entire history plainly shows he has NEVER been a man of good character.

Instead he has left in his wake many victims before becoming a mass murderer, and continued afterwards until finally his arrest happened for the mass murders.

I have no doubt he will use anyone as his pawns while trying to save his own worthless life. So I wouldn't be surprised if he, and Maline will call his young son.

He will tell him to tell the judge he knows his dad is innocent so please dont send him to death row.

Psychopaths have no parental bond with any of their children. Instead they use the love the children have for them, and they are seen only as mere objects... only there to be used in order to make the psychopath look better.

It's also is a part of their plan of constant deceit since it makes them appear to have normalcy.

That's why he's always been a crappy father to his children. They love him, but in turn he only uses them all for his own personal gain, and advantage.

A psychopath only ever loves one person, and it's themselves totally.

So he has made victims out of his own children as well.

Jmhoo

 

[Karinna]

I couldn't agree with you more my friend!

I believe that is why CM wants to retry the guilt phase.

Who is Maline going to have testify about his good character when his entire history plainly shows he has NEVER been a man of good character.

Instead he has left in his wake many victims before becoming a mass murderer, and continued afterwards until finally his arrest happened for the mass murders.

I have no doubt he will use anyone as his pawns while trying to save his own worthless life. So I wouldn't be surprised if he, and Maline will call his young son.

He will tell him to tell the judge he knows his dad is innocent so please dont send him to death row.

Psychopaths have no parental bond with any of their children. Instead they use the love the children have for them, and they are seen only as mere objects... only there to be used in order to make the psychopath look better.

It's also is a part of their plan of constant deceit since it makes them appear to have normalcy.

That's why he's always been a crappy father to his children. They love him, but in turn he only uses them all for his own personal gain, and advantage.

A psychopath only ever loves one person, and it's themselves totally.

So he has made victims out of his own children as well.

Jmhoo

Exactly ocean. I read something a while back and thought how very true. It said that Psychopaths don't have friends, they only have victims.

 

[katydid23]

It is fascinating that McGee wants so desperately to jump ship.

IF he really totally believed that his former client was innocent and DK was the real killer, why would McGee be bailing on his poor, unfortunate client. That would be a horrible thing to do, especially once they were 'mistakenly' found Guilty as charged.

No, I think his urgent pleas to divorce himself from this situation says the opposite, of what Maline is asserting. I think Maline is the one who believes in his client, and feels it necessary to support him as if he was an innocent victim. Not McGee. JMO

 

[Karinna]

It is fascinating that McGee wants so desperately to jump ship.

IF he really totally believed that his former client was innocent and DK was the real killer, why would McGee be bailing on his poor, unfortunate client. That would be a horrible thing to do, especially once they were 'mistakenly' found Guilty as charged.

No, I think his urgent pleas to divorce himself from this situation says the opposite, of what Maline is asserting. I think Maline is the one who believes in his client, and feels it necessary to support him as if he was an innocent victim. Not McGee. JMO

Agree.

 

[Force Ten]

It is fascinating that McGee wants so desperately to jump ship.

IF he really totally believed that his former client was innocent and DK was the real killer, why would McGee be bailing on his poor, unfortunate client. That would be a horrible thing to do, especially once they were 'mistakenly' found Guilty as charged.

No, I think his urgent pleas to divorce himself from this situation says the opposite, of what Maline is asserting. I think Maline is the one who believes in his client, and feels it necessary to support him as if he was an innocent victim. Not McGee. JMO

It's all really strange. Seemingly, the conflict of interest appears to be between McGee and Merritt and the motions he wants to or has filed. But Merritt is the client and they will often disagree with their attorney's recommendations and go with their own decision. This seems to be much heavier than a disagreement. There is something boiling under the surface to make McGee a leave after all of this.

 

[missy1974]

It's all really strange. Seemingly, the conflict of interest appears to be between McGee and Merritt and the motions he wants to or has filed. But Merritt is the client and they will often disagree with their attorney's recommendations and go with their own decision. This seems to be much heavier than a disagreement. There is something boiling under the surface to make McGee a leave after all of this.

We know they haven't filed any motions yet, other than the continuance and withdrawal motions, it was said in the hearing. Some of the things said can fit different scenario's, but then there are other things said that don't make sense then. Like if there is a dispute between McGee/Merritt, how does "pitting attorney vs attorney" make sense? or how does Maline possibly have a conflict as well if McGee does? But less of a conflict because they are not in the same office anymore? If McGee withdraws on Nov 1st, I imagine the Motion for a New Trial will give us a good idea of why, and I doubt we will know before then... although, I think we all just want to know ... now lol

 

[katydid23]

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.