CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11

[citygirl]

Normally a suspect is developed, arrested and charged by matching a suspect to the evidence. In this case it appears the evidence was developed and created based upon matching it to the suspect.

I disagree.

 

[wary]

You are ignoring the context here. They added a Faro scan and the witness they put up was criticized heavily by the defense, who argued that he was not qualified.

So because they wanted to keep the Faro scan in the evidence submission , they chose a new witness to testify about it. There is noting unethical or illegal about doing so.

Are you going to say the same thing if the defense changes any of their witnesses?

Also, the defense has known about the ‘new witness’ for a couple of weeks, I believe.

 

[citygirl]

Just going back to listen to the DT's opening statement. CM said Joseph was my best friend. Joseph's brother said the same. Did Mikey really say this?

 

[missy1974]

Well, I recorded most of that day. But with all the ridiculous freeze-ups, it's not that great. L&C better upload both today and day 26.

I did record all of Merritt's interview with no freeze-ups.

What about the jail tapes? The prosecution is resting without playing those?

Just catching up, I read on Cathy's twitter that it was a youtube problem today, not an "L&C" problem. Take it for what it's worth ... lol

I was wondering about the jail tapes too. We never did hear the end of that hearing, they came back after lunch. I wonder if the judge ruled that it could be used, but only if Jarvis testified? Which would mean in rebuttal? I do recall that the judge said that if the State used them, that he would also allow the defense to put in all of her prior statements and interviews with LE.

 

[Tortoise]

Surprised me too. Figured he may be busy with his attys this week?

Yeah this is the part that it becomes clear that the defense is all mouth and no trousers as we say over this side of the Atlantic.

If the prosecution evidence was so shaky they wouldn't be calling hearings every 5 minutes pleading for it to be not allowed, instead of relishing the opportunity to bring it down in front of the jury. Attorneys love being able to show they've got strong arguments to show the other side are the baddies and change the jurors' minds, instead of trying to have it all hidden.

This was a fine example today when they didn't want CNN played because it was too prejudicial but also claimed it was irrelevant. As Judge Smith said, it can't be both and the case against a defendant is by its very nature prejudicial against him so that's not an argument. Merritt's own words and he wanted them hidden, not because of editing or trickery. He was asked a question and he responded to it.

JMO

 

[katydid23]

Just catching up, I read on Cathy's twitter that it was a youtube problem today, not an "L&C" problem. Take it for what it's worth ... lol

I was wondering about the jail tapes too. We never did hear the end of that hearing, they came back after lunch. I wonder if the judge ruled that it could be used, but only if Jarvis testified? Which would mean in rebuttal? I do recall that the judge said that if the State used them, that he would also allow the defense to put in all of her prior statements and interviews with LE.

Aww Darn. I hope that doesn't mean that we won't get to rewatch the judge's 'dismissal' decision. It was fascinating.

 

[citygirl]

Just catching up, I read on Cathy's twitter that it was a youtube problem today, not an "L&C" problem. Take it for what it's worth ... lol

I was wondering about the jail tapes too. We never did hear the end of that hearing, they came back after lunch. I wonder if the judge ruled that it could be used, but only if Jarvis testified? Which would mean in rebuttal? I do recall that the judge said that if the State used them, that he would also allow the defense to put in all of her prior statements and interviews with LE.

So today it was a youtube problem? Does that mean they will have the problem resolved by next Tuesday? So DONE with these people. They are THE worst. Wanna be live crimestation, IMO.

 

[Mony Mony]

Just for the record, I believe in due process, too. I think the evidence against the two timed felon is overwhelming. I also believe he entitled to a vigorous defense. He is getting it. I am applying logic and reason to what the defense has offered, and I am just not buying what they are selling. We will see how they try to explain the backdating and the DNA in the Trooper, but so far, their explanation falls flat.
Again, to be clear, I believe in due process.

 

[smr]

Normally a suspect is developed, arrested and charged by matching a suspect to the evidence. In this case it appears the evidence was developed and created based upon matching it to the suspect.

Not only that, but also once they began to pick out a suspect, they became fixated on him, closing all doors to further investigations into other acquaintances of JM. It seems they have never bothered to make thorough investigations into the finances and phone records of any other people that gained from the deaths as they have done with Chase.

 

[missy1974]

This judge just gave a very convincing list of vital evidence against Chase. This must be very depressing for the defense to hear right now.

I hope they have it up later or at least within a day or so LOL Still waiting for Thursdays testimony!!!! I was listening to the judge, although it was buffering lots, and he listed what the prosecution says has happened... there were actually some things that were factually incorrect as we should know them now, but it wasn't until the end that he said something like "this is from the prosecution" and the when making the ruling, he is only required to look at the testimony on direct and not what came out on cross (not in those words, but that was my take on it). I thought that was interesting.

I know I have watched other trials, and I know it's standard for the defense to ask for a dismissal after the State rests.... but I am not sure I have ever heard a judge make a long ruling like that? Might be that I just don't recall it. Would love to hear it again without all the stuttering!!!!

I would be interested in reading what the law is, if anyone recalls the number the judge and/or defense said?

Also... as slow as the judge talks sometimes... the prosecution should take notes, or even ask the judge to possibly give their closing argument IMO

 

[citygirl]

Just for the record, I believe in due process, too. I think the evidence against the two timed felon is overwhelming. I also believe he entitled to a vigorous defense. He is getting it. I am applying logic and reason to what the defense has offered, and I am just not buying what they are selling. We will see how they try to explain the backdating and the DNA in the Trooper, but so far, their explanation falls flat.
Again, to be clear, I believe in due process.

Yep. His DT are working hard for their boy.

 

[missy1974]

I feel as though I am listening to closing arguments by the prosecution. Clear and concise! Too bad the jury isn't hearing this.

Like I said... they should be taking notes, or ask the judge to do it for them lol JMO

 

[Mony Mony]

Not only that, but also once they began to pick out a suspect, they became fixated on him, closing all doors to further investigations into other acquaintances of JM. It seems they have never bothered to make thorough investigations into the finances and phone records of any other people that gained from the deaths as they have done with Chase.

What evidence do you have that the police did not make a thorough investigation, that they "fixated" on CM? Is it because he is the one on trial?

 

[missy1974]

I would love to but the feed was so awful I have given up. It was the worse it ever has been for me today. Constant buffering and reloading didn’t help.

I really thought it was my connection because I was at work and inside a building ... I hope they can clean that up and we will have a clear video. At this point, I would almost rather have just the audio, at least it wasn't messed up!

 

[smr]

What evidence do you have that the police did not make a thorough investigation, that they "fixated" on CM? Is it because he is the one on trial?

Do you have evidence that the did make as thorough investigation into the finances and phone records of other acquaintances of JM who gained from the deaths as they did with Chase? (Those are my original words, please don't omit)

 

[MichaelCorleone]

Not only that, but also once they began to pick out a suspect, they became fixated on him, closing all doors to further investigations into other acquaintances of JM. It seems they have never bothered to make thorough investigations into the finances and phone records of any other people that gained from the deaths as they have done with Chase.

Well to be fair, he was forging checks out of the dead guy’s bank account and his cell phone did ping near where all the bodies were found. If you ignore those minor little details, then you’re right, they’re picking on poor Chasey boy.

 

[missy1974]

The judge determined the first Faro witness was not qualified that's not the defense's problem. IMO that should have been the end of it no witness, no Faro testimony. Concerning the defense doing the same as the prosecution did IMO that would also be a violation of the discovery rules.

Do we know that the judge made that ruling? About Dr. Rudin I mean? I think it was more about Dr. Rudin himself not being a very good witness, and it was just a decision by the State to not use him?

Maybe it was a ruling that we didn't get to hear.

 

[missy1974]

I wonder if this will change the minds of the L&C talking heads who have a different opinion?

If anyone listens to them.... let us know LOL I try not to listen to them if I don't have to

 

[Mony Mony]

Normally a suspect is developed, arrested and charged by matching a suspect to the evidence. In this case it appears the evidence was developed and created based upon matching it to the suspect.

So the detectives/prosecution created the backdated checks? Huh? The detectives made CM call QB and stay on the phone for well over an hour and beg them to delete QB? And lemme guess, they planted his DNA in the Trooper?

 

[Mony Mony]

Do you have evidence that the did make as thorough investigation into the finances and phone records of other acquaintances of JM who gained from the deaths as they did with Chase? (Those are my original words, please don't omit)

You are the one who made the accusation, not me. I am all ears as to how you came to this conclusion.