Good morning everyone! I'll get straight onto posting the tweets for those who're unable to watch the live streaming of the trial.
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
Good morning. I’m in San Bernardino County Superior Court this AM to cover more final arguments in the capital murder trial of Charles Ray Merritt, charged with the 2010 bludgeoning deaths of the four-member McStay family
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
The defense began its final argument Tuesday afternoon. Defense attorney James McGee will continue this morning. When he is finished, the prosecution, which has the burden of proof, gets a rebuttal. The case goes to the jury after that.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
Merritt, 62, has pleaded not guilty to the charges that he killed former business associate Joseph McStay, 40, his wife, Summer, 43, and their two children, Gianni, 4, and Joseph Jr., 3, in their San Diego County home on Feb. 4, 2010.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
Their remains were found more than three years later in two shallow graves in the Mojave Desert, near Victorville.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
Testimony began Jan. 7, and with delays that included one of the defense attorneys falling ill, the trial before San Bernardino County Superior Court Judge Michael A. Smith that was forecast to end in April has lasted into late May.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
McGee has started.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
Now will challenge prosecution contention that Merritt drove down to Fallbrook the night of Feb. 4 to kill McStay family. Recalls testimony that Merritt was in Rancho Cucamonga, did not take call from Joseph McStay, was later chastised by partner.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
Says that time off cell phone grid Feb. 4 was because he had a "crappy" phone, says there are other instances of that happening, shows graphic on screen of cell connection records.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
Reminds jurors with audio of police testimony that slayings took place in the house on Feb. 4, notes that prosecution theory means that bodies were not buried in desert until two days later.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 2h2 hours ago
Now on to the security video that caught a truck passing the home of the McStay's neighbor in Fallbrook the night of Feb. 4 2010. Says government got rid of first expert witness when he would not affirm for them the position of a truck marker light.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 1h1 hour ago
Paces in front of the jury to demonstrate how fast the truck was moving.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 1h1 hour ago
"Talk about square peg in a round hole. All of this is nonsense," McGee says when attacking testimony that a reflection caught on the camera matched a tool box latch of Merritt's truck, saying another latch on the same plane did not reflect.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 1h1 hour ago
"You can literally walk in and say, 'they didn't prove, you can go home,' " McGee says of defense contention that Merritt was in Rancho Cucamonga Feb. 4. Also, if Merritt came home from killing in Fallbrook "he would be covered in blood."
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 1h1 hour ago
McGee says family not killed on Feb. 4. Says they were active in house on Feb. 5. "The clothes they are wearing are the clothes that you sleep in," McGee says of the remains found. Says it appears from what was found in kitchen that it was breakfast time.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 1h1 hour ago
Now says family was attacked on morning Feb. 5 by "multiple people ...had to be multiple people," at least three, McGee says. Merritt in Upland and on his way to Los Angeles at that time, McGee says. Calls Joseph McStay twice.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 1h1 hour ago
McGee says family was taken from home, not killed there. No one knows when or where they were killed, he says.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 59m59 minutes ago
The Feb. 6 burial of the family in the desert: McGee says Merritt cell phone pings that puts him in the desert area on that date shows Merritt north of the gravesites, moving, making calls to family members.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 56m56 minutes ago
McGee notes prosecution says Merritt shut off phone to go to Fallbrook and kill McStays, but then keeps his phone on Feb. 6, and makes calls, when they say he is burying the bodies. "Their theories contradict themselves," McGee says.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 49m49 minutes ago
Prosecutors might say if there were more people involved in the killing, Merritt was one of them, McGee says. He says that doesn't work. No evidence of contacts w/others who might have been involved, he says.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 36m36 minutes ago
"This all happened to the McStay family. who did it?" McGee said he was confident Merritt did not do it, got DNA tests. "We went in with low, low, low expectations." The technique used by defense expert was different than prosecution.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 34m34 minutes ago
"The evidence in the grave say it's not him. If that's not reasonable doubt, I don't know what is," McGee says. "They got the wrong guy."
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 34m34 minutes ago
and we are in recess
Richard K. De AtleyVerified account @RKDeAtley 14m14 minutes ago
Recess is over and defense attorney James McGee resumes his closing argument in trial of Charles Ray Merritt, accused of slaying the four-member McStay family in 2010.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 8m8 minutes ago
McGee said prosecution did not elicit much pathological testimony about the injuries the McStay family suffered, McGee says to keep out testimony about blood. He now replays for jurors audio of defense questioning of the pathologist about pooling of blood.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6m6 minutes ago
The prosecution did not bring up blood evidence, McGee said, "because if there's blood evidence, their case falls apart....because it doesn't go with their story," he said, referring to the lack of blood evidence in the home.
Richard K. De AtleyVerified account @RKDeAtley 5m5 minutes ago
The prosecution did not bring up blood evidence, McGee said, "because if there's blood evidence, their case falls apart....because it doesn't go with their story," he said, referring to the lack of blood evidence in the home.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 1m1 minute ago
McGee says if Merritt drove the McStay family Isuzu Trooper for the 90 minutes to San Ysidro, where it was found abandoned, there should have been a lot more Merritt DNA on the Trooper steering wheel than was found, he tells jurors.
#mcstay #chasemerritt