Closing Arguments- Chase Merritt Charged W/Murder of Joseph, Summer, Gianni and Joe Jr McStay #3

[Hatfield]

Can anyone explain the special circumstances bit please?

Certain states require that in order for Death Penalty to be an optional penalty during the penalty phase, then the crime would have needed to have "Special Circumstances".

One of those special circumstances is if a person murders more than 1 person in the crime as was this case. So this case qualifies for DP sentencing.

Here is a snippet from an article that explains all about it.

"California's law on special circumstances murder (also known as capital murder) exists partly to address this concern. Because of this law, juries can't impose the California death penalty on someone found guilty of murder just because they feel like it or take a personal dislike to the defendant.

Instead, a murder defendant can only be sentenced to death if they are convicted of first degree murder, and if the murder involved a so-called "special circumstance."4 The special circumstances that can elevate a murder into special circumstances murder are listed in Penal Code 190.2 PC.5
"

"Special Circumstances" in California murder cases

 

[MrsPC]

Asked outside court if Merritt defense attorneys would have any comment, attorney Rajan Maline said “not for now.” #mcstay #chasemerritt

I didn't want to hear their crap anyway...lol

 

[missy1974]

Well that's the fastest verdict update I've ever seen on websleuths. Wow.

I still don't know if Chase is guilty or not. But I do feel like a weight has been lifted off my shoulders.

I imagine that is how the McStay family feels as well.

Merritt's family however, is now entering a living hell.

Yep, me too MsFacetious!

I hope it brings the families some peace... it's been 9 long years. I do feel for Merritt's kids though too.

 

[oceanblueeyes]

<modsnip: quoted post was removed; no politicizing>

Whether he ever gets executed or not... is not up to the jury to weigh either way. They are there to choose the just sentence based on the 4 first degree verdicts. and the special circumstances the entire jury agreed had been met.

Imo, they will recommend death for it is the only just sentence that fits the crimes he has been found guilty of committing.

JMHO

 

[Foxone1]

watching a trial from January and then having to scramble for a live reading of verdict was kind of a let down

 

[tmar]

Guilty, finally justice, so happy for the family!!!

So pleased.
What > 90% here predicted.
It is 3.30 AM here.
Best news to wake up to.
Now certainly I won't go back to sleep, as need to hear all your reports.

 

[Joolz1975]

Certain states require that in order for Death Penalty to be an optional penalty during the penalty phase, then the crime would have needed to have "Special Circumstances".

One of those special circumstances is if a person murders more than 1 person in the crime as was this case. So this case qualifies for DP sentencing.

Here is a snippet from an article that explains all about it.

"California's law on special circumstances murder (also known as capital murder) exists partly to address this concern. Because of this law, juries can't impose the California death penalty on someone found guilty of murder just because they feel like it or take a personal dislike to the defendant.

Instead, a murder defendant can only be sentenced to death if they are convicted of first degree murder, and if the murder involved a so-called "special circumstance."4 The special circumstances that can elevate a murder into special circumstances murder are listed in Penal Code 190.2 PC.5
"

"Special Circumstances" in California murder cases

Thank you Hatfield!!

 

[UndiscoveredTruth]

Richard K. De Atley‏Verified account @RKDeAtley 7m7 minutes ago
Asked outside court if Merritt defense attorneys would have any comment, attorney Rajan Maline said “not for now.” #mcstay #chasemerritt

 

[MissJames]

I am NOT - NOT surprised.

The Defense did a great job ... and PT worked on "emotions" ... and the jury fell for it.

I hope the Innocence Project takes this case on ASAP.

All JMO and MOO !

Which part of the Prosecution’s case worked on emotions ?
The quickbook documents ?
Bank statements ?
Phone logs?
The recordings of the jailhouse visits with CJ?

Looking at those bashed in skulls & the animal activity of the graves , especially of the 3 & 4 yr old boys’ ,was emotional , but they are factual & couldn’t be avoided .

 

[MrsPC]

Leticia Juarez on Twitter
The McStay family exiting the courthouse after Charles #Merritt was found guilty of murdering his business partner, Joseph #McStay and his family in 2010. The family had no comment. But in the courtroom as the verdict was read someone from the family exclaimed, “Oh thank God!”

 

[CoverMeCagney]

Was the jury verdict unanimous?

 

[MassGuy]

Was the jury verdict unanimous?

Yes, it has to be.

Otherwise it’s a hung jury.

 

[Meemaw12]

Well IMO

When a defendant says in a video that he was the last person to see the murder victim.

Ya gotta believe him, plus all the other evidence against him.

That's the way it works. No surprise to me.

Guilty

 

[katydid23]

No cross examination? Thanks—I hadn’t realized that—seems a little disturbing. Well, I don’t really care too much what the sentence is, but I’m very curious as to what will be introduced into evidence that we hadn’t heard about before.

It is mostly going to be people who will talk about his character. The defense will bring up family and friends who will say what a loving father, great co worker, life long friend he is.

The state will try to show the opposite. This is where the jury will hear about his criminal record, and about the people he ripped off in his business, etc.

Also the state has to explain how it is a special circumstance. Which might be grisly.

 

[Tortoise]

Liberty Zabala on Twitter


open link to watch video clip

#McStay family walks out of #SanBernardino courthouse holding each other after the GUILTY verdict of Charles Merritt. They do not plan to speak with media until after the penalty phase. Stay w #NBC7 @ 11AM http://nbc7.com

 

[MsFacetious]

Was the jury verdict unanimous?

Yes it had to be.

 

[ilovesleep]

Can anyone explain the special circumstances bit please?

absolutely. It's where certain crimes committed in conjunction with one another make the crime more heinous and leave the ability for the jury or judge to give a harsher sentence as a result. For example, murder and rape committed together, or as we see here, multiple homicides.

"n. in criminal cases, particularly homicides, actions of the accused or the situation under which the crime was committed for which state statutes allow or require imposition of a more severe punishment. "Special circumstances" in murder cases may well result in the imposition of the death penalty (in states with capital punishment) for murder or life sentence without possibility of parole. Such circumstances may include: rape, kidnapping or maiming prior to the killing, multiple deaths, killing a police officer or prison guard, or actions showing wanton disregard for life such as throwing a bomb into a restaurant. "

source: https://legal-dictionary.thefreedictionary.com/special+circumstances

 

[Meemaw12]

Was the jury verdict unanimous?

Yes all 12 polled and said yes to both guilty and special circumstance which makes him eligible for the Death Penalty.

 

[missy1974]

watching a trial from January and then having to scramble for a live reading of verdict was kind of a let down

omg so annoyed... you have no idea LOL I was trying to get it on 2 different computers and my phone when the mod said 'need a vpn if outside the US'... AS the verdict was being read... I knew they would screw that up somehow LOL

 

[asyousay]

It is mostly going to be people who will talk about his character. The defense will bring up family and friends who will say what a loving father, great co worker, life long friend he is.

The state will try to show the opposite. This is where the jury will hear about his criminal record, and about the people he ripped off in his business, etc.

Also the state has to explain how it is a special circumstance. Which might be grisly.

Great co- worker


It’s fantastic that now they will get to hear about what a nasty individual he truly was. All the time he ripped off people and the jail time. No amount of biased family chatter will change the facts that he is a nasty man.