CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #13

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  • #821
So the defense wanted to get into questioning Susan Blake about a problem in Joey's and Summer's marriage, but were shut down by the judge on relevancy grounds.

I have been wondering what their strategy was and I can only think that they were going to try to open the door to discussion about Summer's ex. Throwing mud wherever it might stick. Maybe they've awoken to the problem with having all their eggs in one basket LOL.

I’m wondering if the stress and counselor was related to something else other than Summer’s ex, the CPS case. One of the sealed warrants is related to that.

Snip

KAYE: While Merritt's theory sounds farfetched, there was evidence there was trouble in Joseph and Summer's marriage. Just days before they disappeared, Joseph had lined up a family counselor for help.

BLAKE: Right after New Year, he had called me and said "Mom, can you help me find a good, you know, counselor and stuff. I want to get my family back on track." So at the end of January when we finally met one that we thought everybody, you know, would feel comfortable with, four days later, they're poof (ph).


CNN.com - Transcripts
 
  • #822
I’m wondering if the stress and counselor was related to something else other than Summer’s ex, the CPS case. One of the sealed warrants is related to that.

Snip

KAYE: While Merritt's theory sounds farfetched, there was evidence there was trouble in Joseph and Summer's marriage. Just days before they disappeared, Joseph had lined up a family counselor for help.

BLAKE: Right after New Year, he had called me and said "Mom, can you help me find a good, you know, counselor and stuff. I want to get my family back on track." So at the end of January when we finally met one that we thought everybody, you know, would feel comfortable with, four days later, they're poof (ph).


CNN.com - Transcripts
How would the defense be linking family counselling to their murder?
 
  • #823
  • #824
Purely a guess, but the defense may have wanted to suggest one of them was stepping outside of the marriage. This mystery third person would become a convenient alternate suspect and motive.

I recall chatter about this way back when. I never believed it.
 
  • #825
I’m wondering if the stress and counselor was related to something else other than Summer’s ex, the CPS case. One of the sealed warrants is related to that.

Snip

KAYE: While Merritt's theory sounds farfetched, there was evidence there was trouble in Joseph and Summer's marriage. Just days before they disappeared, Joseph had lined up a family counselor for help.

BLAKE: Right after New Year, he had called me and said "Mom, can you help me find a good, you know, counselor and stuff. I want to get my family back on track." So at the end of January when we finally met one that we thought everybody, you know, would feel comfortable with, four days later, they're poof (ph).


CNN.com - Transcripts

I actually thought that they were going to try to ask her about Summer's spending habits and maybe that was something causing a 'problem' in the marriage. JMO
 
  • #826
Towards the end of day yesterday, before Maline got a spanking from the Judge, it was mentioned that the defense wants to show the full 8 hours of Chase's interview :eek::eek: The prosecution has filed a motion, they don't want it all to be played. The poor judge asked for a transcript of the full 8 hours lol
 
  • #827
Towards the end of day yesterday, before Maline got a spanking from the Judge, it was mentioned that the defense wants to show the full 8 hours of Chase's interview :eek::eek: The prosecution has filed a motion, they don't want it all to be played. The poor judge asked for a transcript of the full 8 hours lol

Playing all 8 hours is absurd. A full transcript can be exhibited.

This is the defense playing silly games by refusing to call the defendant, yet play 8 hours of him talking which is not subject to X
 
  • #828
I think McGee has had good strategy in this trial, but has disgraced himself with his manufactured testimony and antics

I am still dumbfounded any self respecting judge allows this

e.g. the recall of Susan Blake just to go on a fishing expedition

What self respecting Judge allows this? She already testified and the defence had every chance to X her already
 
  • #829
I actually thought that they were going to try to ask her about Summer's spending habits and maybe that was something causing a 'problem' in the marriage. JMO

I am stunned the Judge allowed this.

I guess Cali is different but no NZ High Court Judge allows counsel to go on a prolonged fishing expedition in the hope of turning over some rocks.

If counsel thinks there is evidence Summer had an AP and that the AP did the murder, he needs to put it to the witness. But in which case, he better have some evidence of the same! But you can't just go trawling.
 
  • #830
Playing all 8 hours is absurd. A full transcript can be exhibited.

This is the defense playing silly games by refusing to call the defendant, yet play 8 hours of him talking which is not subject to X

To me, showing only a few minutes of an 8 hour long interrogation is absurd to me. JMO
 
  • #831
To me, showing only a few minutes of an 8 hour long interrogation is absurd to me. JMO

The role of counsel is to pick out what is important for the Jury

Playing all 8 hours indicates you have no point.

Of course we know what McGee is really doing here. He doesn't want to actually examine the witness about what was said. And he can't pick out any relevant parts, because he is not allowed to hold forth on why they matter.

No self respecting Judge would allow this tomfoolery but as we've seen, this judge doesn't earn much respect
 
  • #832
Playing all 8 hours is absurd. A full transcript can be exhibited.

This is the defense playing silly games by refusing to call the defendant, yet play 8 hours of him talking which is not subject to X
BBM, Where on earth are they going to have enough hours in the Trial to even do 8 hours worth of anything? They would have to stretch it out for a week LOL.
 
  • #833
I think McGee has had good strategy in this trial, but has disgraced himself with his manufactured testimony and antics

I am still dumbfounded any self respecting judge allows this

e.g. the recall of Susan Blake just to go on a fishing expedition

What self respecting Judge allows this? She already testified and the defence had every chance to X her already
Agree about Susan Blake, it was unecessary IMO. Was good the prosecution stepped in a lot to what the defense were trying to do. SB is not on trial.
 
  • #834
I am stunned the Judge allowed this.

I guess Cali is different but no NZ High Court Judge allows counsel to go on a prolonged fishing expedition in the hope of turning over some rocks.

If counsel thinks there is evidence Summer had an AP and that the AP did the murder, he needs to put it to the witness. But in which case, he better have some evidence of the same! But you can't just go trawling.
Throwing spaghetti at the wall hoping something sticks by the DT, IMO.
 
  • #835
BBM, Where on earth are they going to have enough hours in the Trial to even do 8 hours worth of anything? They would have to stretch it out for a week LOL.

It's nonsense

What always happens is that counsel plays only an excerpt.
 
  • #836
To me, showing only a few minutes of an 8 hour long interrogation is absurd to me. JMO
They do that all the time in Trials. Showing a bit of LE interrogations, or showing a portion of cctv footage etc.
 
  • #837
It's nonsense

What always happens is that counsel plays only an excerpt.
I agree, imagine how bored the jury would be after sitting there for 8 hrs.
 
  • #838
They do that all the time in Trials. Showing a bit of LE interrogations, or showing a portion of cctv footage etc.

Exactly - it highlights the process of exhibiting vs the process of testimony

Generally a big trial will have voluminous exhibits. So for example, there could be hundreds of pages of phone records. We can't see all these but the jury has them.

But then if you want to discuss what the exhibit means, you have to call a witness who can talk about it in front of the jury. The only other place counsel can interpret exhibits is in opening and closing. Counsel is not allowed to give testimony by proxy(despite what we see in this trial).

So in the present case, the State exhibits the interview. The state can then play snippets (as it has). The state could also call the interviewing detective to discuss the interview and talk the jury through key moments as it happened (direct witness).

So in this case defence counsel has a problem.

He would like to give the defendants complete story but he does not want the defendant to testify. He can play parts of the interview for the jury, but he cannot call any witness to interpret.

So his idea is to play all 8 hrs as a default testimony based on interview from years ago, but which counsel cannot cross on todays knowledge.

Of course the Judge should not allow this and simply say to counsel that the complete transcript can be exhibited.
 
  • #839
Randolph Beazley Beasley crime scene specialist. From defense OS's:

We saw that there is a lot of information about the crime scene, so we wanted to get the person that we knew about crime scenes, so we got Randy, or Randolph Beasley involved. He has spent 30 years with the San Bernardino Sheriff's Department as a crime scene specialist, a trainer for many of the people who you will hear testify in this trial.

ETA: corrected spelling

here is his twitter and website
About Us
Randolph Beasley (@CSI_expert) | Twitter

Thanks Missy - my hearing must be going to heck. lol
 
  • #840
Thanks for posting up the link. I have read a little about transfer DNA and it's interesting. But wouldn't that apply to everyone we come into contact with in a day if it is so sensitive? JM could of transferred someone else's DNA into his vehicle, and SM as well. But only CM's showed up in small amount?
But then again i guess in any given criminal case it's a combination of things that join the dots to create the picture of a suspect, not just one thing.
To my way of thinking anyhow.

A great way to learn about DNA is through the exhibits Kathleen Zellner published with her motions for the Steven Avery case. I'll get a link for those, or Missy may have one handy.

We don't always leave DNA. And no one, to my knowledge can say conclusively, why we sometimes leave it and sometimes we don't. Hygiene, it seems, can be a factor. So if you wash your hands a lot, you will likely leave less DNA than someone who rarely washes their hands.

What I suspect in the encounter between Joey and Chase on the 4th is, that before eating lunch that day both men washed their hands. So DNA from others they touched would either have been diminished or washed off.

They had a lunch that lasted a few hours, it would seem. And in that time they may have touched their face, or wiped their hands on pants, built up perspiration, who knows. At the end of the lunch they shake hands, or bro-hug, or pass off an object to each other. Say, Joey hands Chase checks, Chase hands Joey a cup, or paperwork-this may never be known for certain.

Joey gets in his Trooper, now Chase's DNA is on his hands, and there is just enough for DNA to be left primarily on the steering wheel, in slight amounts on other objects. And again, because we don't always leave DNA, not everything Joey touches gets DNA on it (one of the reports I posted mentions that the more pressure applied to an object, the more DNA left). This theory would explain why there is substantially more DNA left on the steering wheel, because when driving that is where the driver would place the most pressure.

There was the question as to why when Chase was in the Trooper 6 weeks prior, his DNA was not left on the passenger side of the Trooper. That could be because he was in one of those paint-ball outfits, and kept his gloves on. Or again, after playing paint ball he relieved himself, and washed his hands just prior to getting in the Trooper.

Lots of variables with this stuff.
 
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