CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #12

[Force Ten]

If CM is a psychopath, he is probably not the only one around JM, and possibly not the worst one. The actual murder(s) were the worst one(s) and proven to be capable of such cruelty. Yet to know who.

If you have another viable suspect, please don't hesitate to call police.

 

[Force Ten]

oh c'mon... I'm pretty sure the judge takes naps during testimony

Even though they asked him last week to testify, something tells me he already had produced this.

 

[asyousay]

"The mobile phone belonging to Summer McStay registered its final call at 4:42 that same Thursday afternoon. Disconcertingly, though, her phone continued to receive text messages after the disappearance – eight, in total. Three texts sent by family friend McGyver McCargar arrived on Friday. The last four texts, including two messages from Dan Kavanaugh, an associate of Joseph McStay, arrived on Saturday. The final text message registered at 10:59 a.m., presumably just before the mobile phone’s battery was exhausted."

From New cell tower info indicates that the missing McStay family was in Bonsall. | iR3: International Rescue & Recovery Resource

FWIW

See DK behaved logically here

He could not reach Joey so he of course thinks I shall ring Summer to check that everything is ok.

No such concern from Chase, too busy in the casino and cashing forged checks!!

IMO

 

[Tssiemer]

If he is found not guilty, will some prosecutors work on finding the real killer(s), and conduct more investigations on other suspects?

Didn’t happen with OJ or Casey Anthony or Jon Benet (I know it did t go to trial but...), etc.

 

[Niner]

Wednesday, March 13th:
*Trial continues (Day 31) (@ 9:30am PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt (57/now 60) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance; plead not guilty. DP case.
12 jurors & 6 alternates were finalized on Tuesday (12/11/18). 8 women & 4 men, while the alternates include 4 men & 2 women. Trial started 1/7/19. Dark on Fridays.
See Trial Days 1 (1/7/19) thru 26 (2/28/18) links - reference post #541 here:
CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #12
3/4/19 Day 27: Defense arguing against a clip from CNN to be played in court. Which is "I am definitely the last person he saw"). Judge overrules, it will be played. And about photos of video surveillance allegedly showing Merritt's truck are among the issues currently being argued. State witness: Sgt. Ryan Smith (recalled). DA shows CNN clip. DA rests case. Defense asked for dismissal of all charges. Denied. There is a hearing 3/8 re OSC: Failure to comply to subpoena order (Google & Microsoft) without jurors. Jurors will be back in court on Tuesday, 3/12 to hear last State witness re FARO scan testimony by Eugene Liscio. Pros wanted the defense’s witness list, they hadn't received it.
3/8/19 Day 28: On 2/27/19 Subpoena Records Rec’d from: JP Morgan Chase Bank & Arrowhead Reg. Med. Ctr. 2/28/19 Subpoena Recrds Rec’d from: Cable News Network (CNN). 3/4/19 Subpoena Records Rec’d from: CNN & Google. OSC (Order to Show Cause) Contempt hearing scheduled for 3/11. Trial continues on 3/12 @ 9:30am.
3/11/19 Day 29: Added to court site on 3/26 Other Hearing @ 9:30 AM / 9:00 AM Status of Subpoena Duces Tecum (Microsoft).
3/12/19 Day 30: State witness: Eugene Liscio. He is a 3D forensic analyst. He used FARO SCENE software to analyze the neighbor surveillance video showing a vehicle. The prosecution's case-in-chief is over. Defense will begin their case tomorrow, 3/13. Court only in session 2 1/2 days next week. There are several other days coming up that court will not be in session due to attorney schedules, jury schedules, etc.

 

[Force Ten]

Yeah, he said this:

'The bra strap and the left cup we're inside the grave with her, the right cup was found outside and between the two, it was cut, either knife,scissors, say knife, the painter's tape was found in the grave from the house. Evidence can show that's probably a way they got her out of the house from, controlled her that way by putting tape around her'

... he continued...

Even Sgt. Ryan Smith, you see it here, in his DNA analysis request form said we believe Summer was raped before she was murdered. here's the left bra cup you can see that cut line there the right one you can see it cut there the panties are tied up with the pants and again statement of what they believe happened.

But I didn't see any evidence of her being taped, so that's why I was wondering. This is the statement where the "knife" mention was confusing as well.

Just saw this. Confusing, because it didn't happen. There was no knife.

"Evidence can show that's probably a way they got her out of the house from, controlled her that way by putting tape around her"

Interesting statement. Evidence can show that's probably a way.....what evidence? How can it show anything to conclusively tell us that's what happened? Bolster much?

 

[oceanblueeyes]

I can only speak for myself of course, but I found the 3D imaging evidence very powerful, and very damaging for the defendant.

Imo, it all works in tandem with all of the other evidence.

Imo, the jury will link the timing of when his truck was seen at the McStay home on the 4th, along with the QB evidence, and all of CMs cell phone evidence.

It truly is amazing how much evidence the state has been able to amass against CM, since for so many years the SD police department let so much time lapse doing really nothing by just writing off this murdered family as one who just willingly went missing.

I thought the 3D expert was reasonable with his fee.

It will be interesting to see how much the DT has had to pay for all of their experts or as they are often known as 'hired guns.'

It reminds me of another hired gun, Steve Feldman paid in David Westerfield death penalty case. Paid a bug expert many thousands, and he said the insects found on little Danielle Van Dam showed him she died two weeks before she was even kidnapped, raped, and murdered.

Oops! To say the least that was a big waste of money, and the jury's time.

Imo

 

[Tortoise]

@Niner from what they were saying at the end of yesterday's session:

Mon 18th - early finish
Tues 19th - full trial day
Weds 20th - full trial day
Thurs 21st - dark
Fri 22nd - dark

Weds 27th - late start, possibly whole morning off

 

[JMarsh]

In regard to Gov. Newsom's moratorium on the death penaltly, I don't think this impacts Chase Merritt at all. All Newsom is stating is that while he is governor, no one will be executed. And there will be no movement or actions taken to begin to execute persons again. But this won't prevent DAs from seeking the death penalty, or jurys from rendering a death penalty sentence.



Gov. Gavin Newsom Suspends Death Penalty In California

 

[asyousay]

I was also impressed by the 3D imaging as having Chase truck line up with all the other evidence is another nail in his coffin.

No doubt it’s a new technology but his truck has the markings of the one pulling out of the drive way. What a coincidence that a truck so similar to Chase’s was seen pulling out of the drive way on the night the family were murdered.

 

[Force Ten]

Just from reading the tweets on the new witness, I have to say, it sounds like the defense is losing serious ground and they certainly know this new testimony is very damaging. McGee is challenging his findings as if he's a grade school math teacher, in the mean time he's probably doodling spacial equations of the court room, the jurors, the attorneys, attendees and precisely where that fly on the wall is.

McGee's meltdown is also very telling. This guy is complaining Imes talked to the defense expert over discovery that was supposed to have been supplied over a week ago. Hmm, Maybe my math is wrong but isn't that about the length of time the defense requested a continuance? Coincidence? I smell a rat.

It seems the defense is scrambling. Oh, the days are dwindling.

 

[geevee]

Just saw this. Confusing, because it didn't happen. There was no knife.

"Evidence can show that's probably a way they got her out of the house from, controlled her that way by putting tape around her"

Interesting statement. Evidence can show that's probably a way.....what evidence? How can it show anything to conclusively tell us that's what happened? Bolster much?

Really confusing, as I thought the only painter's tape found was wrapped inside a shop towel - am I misremembering?

 

[oceanblueeyes]

rsbm

See, this is where I believe there is definitely a double standard when looking at prosecution vs. defense.

The prosecution literally just hired the guy last week that testified today. So what were they doing for the last 4 + years since they charged Merritt with this crime? Shouldn't they also have had their ducks in a row long before the trial started? What does that say about the prosecution then? And then to say that the defense should be prepared when the prosecution is hiring new experts so late in the trial is a bit disingenuous IMO

I see the games from both sides of this trial. I somewhat 'expect' it from the defense, because we do see that all the time, I cannot recall another trial though that the prosecution has done some of the things this one has. All JMO

What has the prosecutors been doing?

Well state prosecutors don't have the luxury of picking, and choosing cases on their own schedule, and if they want to or not.

Prosecutors have hundreds of criminal cases in the justice system or maybe even thousands, every single year that either have to go to trial or they are constantly meeting with defense attorneys who want plea deals for their client.

Prosecutors are always stretched thin because of all they have to do.

They have countless hearings they must attend before a judge in ALL cases.

Defense attorneys can pick, and choose the cases they want to be involved in. They do not have nearly the case load prosecutors do.

The only defense attorneys who are overworked are public defenders.

I too see a double standard. It's okay if the DT does it with all of their experts, but not okay if the state does it, even though the defense had a long continuance to prepare for this ONE expert.

Imo

 

[Force Ten]

I can only speak for myself of course, but I found the 3D imaging evidence very powerful, and very damaging for the defendant.

Imo, it all works in tandem with all of the other evidence.

Imo, the jury will link the timing of when his truck was seen at the McStay home on the 4th, along with the QB evidence, and all of CMs cell phone evidence.

It truly is amazing how much evidence the state has been able to amass against CM, since for so many years the SD police department let so much time lapse doing really nothing by just writing off this murdered family as one who just willingly went missing.

I thought the 3D expert was reasonable with his fee.

It will be interesting to see how much the DT has had to pay for all of their experts or as they are often known as 'hired guns.'

It reminds me of another hired gun, Steve Feldman paid in David Westerfield death penalty case. Paid a bug expert many thousands, and he said the insects found on little Danielle Van Dam showed him she died two weeks before she was even kidnapped, raped, and murdered.

Oops! To say the least that was a big waste of money, and the jury's time.

Imo

I remember that case well but didn't follow the trial much. Poor girl.

I'm on the fence about SD doing shoddy work on this. They didn't have a lot to work with and we know how frustrating it is in MP cases. Dugal did make a few statements that he felt the family met with a bad end, A lack of bodies ties their hands.

 

[Force Ten]

Really confusing, as I thought the only painter's tape found was wrapped inside a shop towel - am I misremembering?

Unless you're a defense attorney, then tape magically ends up around the victims hands.

 

[missy1974]

Even though they asked him last week to testify, something tells me he already had produced this.

If you are talking about Liscio, his report was done on March 3rd. No idea when the defense got it though.

 

[missy1974]

Just saw this. Confusing, because it didn't happen. There was no knife.

"Evidence can show that's probably a way they got her out of the house from, controlled her that way by putting tape around her"

Interesting statement. Evidence can show that's probably a way.....what evidence? How can it show anything to conclusively tell us that's what happened? Bolster much?

The knife thing was confusing... the tape thing... because there was a roll of tape, I guess that's a possibility? lol But there was no lose tape, no tape found in a way that it would look like she was restrained, so clumps of balled up unrolled tape. JMO

 

[missy1974]

Just from reading the tweets on the new witness, I have to say, it sounds like the defense is losing serious ground and they certainly know this new testimony is very damaging. McGee is challenging his findings as if he's a grade school math teacher, in the mean time he's probably doodling spacial equations of the court room, the jurors, the attorneys, attendees and precisely where that fly on the wall is.

McGee's meltdown is also very telling. This guy is complaining Imes talked to the defense expert over discovery that was supposed to have been supplied over a week ago. Hmm, Maybe my math is wrong but isn't that about the length of time the defense requested a continuance? Coincidence? I smell a rat.

It seems the defense is scrambling. Oh, the days are dwindling.

I didn't think they were losing ground at all, they are doing what they have done since the beginning, challenging the witness, attacking the "confirmation bias", etc. He was challenging him on the reflection off the latch thing... and McGee made some good points, there were 2 other latches on the side of the truck, one in the same position, another one turned another way, why didn't they reflect whatever the other latch was reflecting? Why wasn't there a reflection off the passenger window? or the side mirror? Why wasn't the fire hydrant showing a reflection of the same light? or the manhole in the street? When Liscio said maybe a physicist could answer that... well...

 

[JMarsh]

Any bets on who the defense will call first?

 

[missy1974]

Really confusing, as I thought the only painter's tape found was wrapped inside a shop towel - am I misremembering?

No, I don't think you are