Good afternoon everyone!
Here are the Tweets from Richard K. De Atley!
Richard K. De AtleyVerified account @RKDeAtley 7h7 hours ago
Good morning. The prosecution’s final argument rebuttal continues this morning in San Bernardino County Superior Court for the Charles "Chase" Merritt capital murder trial. He’s charged in the 2010 slaying of the four-member McStay family.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 7h7 hours ago
Deputy District Attorney Melissa Rodriguez will resume addressing the jury. She spoke for about 14 minutes late Wednesday afternoon, before court ended for the day. After she finishes, the case goes to the jury .
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 7h7 hours ago
Not going to guess at the timeline for any of this.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 7h7 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 7h7 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 7h7 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 6h6 hours ago
Jurors are seated. Judge Smith is on the bench, and Deputy District Attorney Melissa Rodriguez is resuming her rebuttal.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Tells jurors she will go over assumptions by defense . One of them, that Joseph McStay and Merritt had a great business relationship. "We don't know what the status of their business relationship on Feb. 4" 2010 when the McStay family disappeared.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Goes over the Feb. 1 email from McStay to Merritt that prosecution says shows McStay says Merritt owes McStay nearly $43,000. Defense witness said they were even. Rodriguez says there is nothing in the email to suggest that.
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Over defense objections, Rodriguez asks jury why Joseph McStay would entrust business check writing to Merritt, a man who McStay had fronted about $20,000 to get out of a gambling debt.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Rodriguez: 8:28 p.m. Feb. 4 2010 alibi phone call from McStay that Merritt partner Cathy Jarvis said was received but was not answered by Merritt at home in Rancho Cucamonga, putting him in Inland area and not in Fallbrook, never happened
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
That call is not on Merritt's phone records, Rodriguez says, and the she goes over the recordings jurors heard of what prosecutors said was Merritt coaching Jarvis on how to testify about the call during jail meetings before her testimony.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Says backdating of McStay business checks by Merritt to Feb. 4 was because Merritt knew that was the last day McStay was alive.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
"What's reasonable? The story keeps changing from the defense," Rodriquez says.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Tells jurors no one in prosecution team said all four McStay members were murdered in the house. "We know somehow the defendant got control of the family and got them out of the house," she said.
#mcstay #chasemerritt"
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
"No evidence" about defense claim that 3 people entered McStay home, she says. Notes on defense attorney said abduction Feb. 4, another the morning of Feb. 5.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Investigators believed early in case Summer McStay had been raped, and the defense attorneys said it occurred at the desert burial site. Rodriguez reminds jurors that subsequent pathology investigation could not conclude a rape occurred.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
The handshake DNA transfer that the defense said left some Merritt DNA in the family Isuzu Trooper found in San Ysidro: "You have zero evidence" that McStay shook Merritt's hand, Rodriguez tells jurors.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Tells jurors that any DNA recovered from the grave after nearly four years of weather and animal activity cannot be reliable.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Rodriguez goes over cell phone searches made by Merritt after detectives interviewed him Oct. 22 2014 -- how to get to Alaska without going through Canada, how to change identity, what is needed for a search warrant.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Says prosecution did not say the McStay bodies were buried on Feb. 6; just that cell phone tracking evidence showed Merritt was in the Victorville area on that day. It could have been to check on grave site after rains that day, Rodriguez said.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Dan Kavanaugh, who defense says is an overlooked suspect in the slayings. Rodriguez says there is no evidence that Kavanaugh, as defense claims, left a Hawaii vacay, returned to mainland, killed McStays, then retuned to Hawaii, undetected. "A red herring"
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 6h6 hours ago
Says defense witnesses, not prosecution, have the confirmation bias that defense attorneys claim infects prosecution. Over defense objections goes over that Merritt's cell phone was off on key times for the case in Feb. 2010
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Simplest explanation -- Merritt wanted to delete the McStay QuickBooks custom water project account was because he wanted to get rid of evidence of forged checks, Rodriguez said.
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Merritt had ample time to cover his tracks because days had gone by before anyone discovered McStays were missing. Merritt never called 911, even anonymously, about the missing family, Rodriquez says.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Feb. 9, 2010, Merritt after visiting McStay home in Fallbrook and sees no one home, cell phone tower evidence says he then spent six hours at the Pechanga casino. This is how he reacted to finding his best friend and that man's family gone, Rodriguez says.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
"You don't get to murder an entire family and get away with it,"Rodriguez tells jurors. She says the two boys were killed because they could recognize the killer. She asks for guilty verdicts, and concludes.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Now some short jury instructions from Judge Smith.
#mcstay #chasemerritt
Richard K. De AtleyVerified account @RKDeAtley 5h5 hours ago
Now recess. Smith has not sent jurors to deliberate. One juror is asked to stay behind. He has notified the judge of a work conflict starting next month. "I didn't know we were going to be here until June" he tells Smith. "Trust me, no one did," Smith says.
#mcstay #chasemerritt