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

[missy1974]

I think they should have done these hearings before the sentencing. This is going to take forever.

 

[thornfae]

Unbelievable! Recess 15 minutes after getting started? IS the sentencing happening today? At this rate...

 

[katydid23]

Raj seems to be rambling a bit.


“11:52 call, shows he was on the west side of the tower…which is what he said ‘ I was at my sisters or my brothers…’. Like he said.


“Feb 8th calls…state left out go their presentation…131,133 141 pm

Traveling No on the 15 —they left out the 1;33 call’s azimuth—it was 0 due north. [which is impossible if he was on 15 north]”




The decision= The judge will not permit more testimony, but will allow a power point presentation.

Merritt put his hand over his eyes in frustration when the judge denied the request to hear more defense testimony about the cell phone calls.

 

[asyousay]

Can anybody on this thread hire me for a job where I can be over a hour late , work for 25 mins and then demand a 15 min break?


I think I have found my dream job here.

 

[Lilibet]

This is all just part of the process. These are post conviction motions, and if they don't bring up issues now, it could cause an appeal issue later. Like, ineffectiveness of counsel because he didn't bring it up post-conviction.

anddddd we are on a break, of course

Got it. He’s a defense attorney doing his job. I can appreciate that, but I’m so frustrated for the family who showed up for sentencing. But taking the long range view, this is necessary.

 

[geevee]

The judge should just tell Maline the jury made its decision and to take it up upon appeal.

I've never seen a post conviction new trial appeal heard before the sentencing even took place. But this trial had a lot of 'firsts' for me.

 

[scandinavian girl]

this judge is very reluctant to to end this trial..

 

[Niner]

Artie Ojeda‏Verified account @ArtieNBCSD 7m7 minutes ago

Artie Ojeda Retweeted Artie Ojeda

Judge says he will not allow new testimony. But this is important for Merritt’s defense team to at least enter into record. Could potentially be examined during future appeal. Court now taking a brief recess. #nbc7 #mcstay

 

[Tortoise]

So the break is to allow Maline time to take out the stuff that the judge didn't allow them to exhibit with the motion - which I think is new info added since trial.

 

[Blondiexoxo]

A break seriously???
How long did it last 15 minutes? Ridiculous!!

 

[katydid23]

Raj sounded so nervous and seemed kind of discombobulated. He sounded like a teenager trying to talk the principal out of giving him detention. CM had his head in his hands at some point.

 

[Tortoise]

Brian Rokos (@Brian_Rokos) | Twitter

Smith said there will be hearings on post-verdict motions and then possibly sentencing. Motions were filed by defense today at 9:15 a.m.

Maline told judge that attorney James McGee, who withdrew from the defense team after the verdict, did not sufficiently challenge or present evidence about cell phone pings that placed Merritt near the gravesites in the SB County desert. McGee handled cell phone and DNA defense.

Maline wants to put his cell phone expert on the stand. Smith initially said no.

Smith said he will review the expert’s report and a slideshow. We are in recess.

Maline, the judge said, filed a motion seeking a new trial based on insufficient evidence, the cell phone evidence and prosecutorial misconduct.

The cell tower expert told Maline that he heard testimony that he thought was incorrect and he wanted to testify about it. “I wasn’t the best participant in that part of it (the defense),” Maline told the judge.

 

[Tortoise]

Jeff McAdam‏Verified account @JeffMcAdamTV 3m3 minutes ago
Attorneys for Charles Merritt are asking the Judge for a new trial, and asking he allow new testimony and evidence about cell phone records. Judge allowed evidence, denied new testimony. We’re still waiting on sentencing @fox5sandiego

 

[Mony Mony]

Raj sounded so nervous and seemed kind of discombobulated. He sounded like a teenager trying to talk the principal out of giving him detention. CM had his head in his hands at some point.

Yes, he did!

 

[missy1974]

Got it. He’s a defense attorney doing his job. I can appreciate that, but I’m so frustrated for the family who showed up for sentencing. But taking the long range view, this is necessary.

yeah, like I said, these should have been done before the actual sentencing hearing so the families didn't have to sit through hours of this before the actual sentencing.

I think it's pretty rare that a judge would rule in favour of the defense (for some motions) and in essence against their own rulings, since it's the same judge presiding over the trial and the post conviction motions. But this is all about the record IMO

 

[Bernina]

The judge should just tell Maline the jury made its decision and to take it up upon appeal.

I've never seen a post conviction new trial appeal heard before the sentencing even took place. But this trial had a lot of 'firsts' for me.

I totally agree, I've never seen this happen like this before. Is this an attempt to keep CM from the Big House and in the county facility indefinitely?

 

[missy1974]

So the break is to allow Maline time to take out the stuff that the judge didn't allow them to exhibit with the motion - which I think is new info added since trial.

Of course my phone rang at the end of that lol I think this motion and cell phone records is about what the expert would have said had he been called as a witness, which McGee failed to do. So I guess it's a bit of "new evidence" and a bit of "McGee sucks"?

 

[katydid23]

I have seen a lot of sentencing hearings. I've never seen one where the defense attorney got up and began revisiting the trials evidence and asked to play a powerpoint summarising the cell phone evidence.

 

[la2cabo]

These motions should have been filed months ago. The delay tactics are getting old.

 

[Bernina]

So I guess it's a bit of "new evidence" and a bit of "McGee sucks"?

*snort* ya think? LOL! And McGee gets thrown under the bus.......