CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #14

[Mony Mony]

So only testimony on Wed morning for next week? What the heck!

 

[Karinna]

So only testimony on Wed morning for next week? What the heck!

Yes it's very slow on actual trial days that's for sure.

 

[missy1974]

So only testimony on Wed morning for next week? What the heck!

No, I think it's Wed/Thursday next week. Wed morning, then afternoon they are dealing with some of Beasley's testimony I think. The 5th is a Friday and Friday's are always a dark day for the trial.

 

[Karinna]

I found this it is all I can find as of now:



Michael A. Smith (California) - Ballotpedia

Michael A. Smith (California)

This page is about the California Superior Court judge for San Bernardino County. If you are looking for the page about the Michigan Circuit Court judge, please see Michael Smith.


Michael A. Smith was a Superior Court judge for San Bernardino County, California. He stepped down from the court in 2010.[1]

External links

• Website of the Superior Court of San Bernardino County
• California Courts, Trial Court Roster

I still haven't found the article i found recently that stated about Smith's retirement after the McStay family murder trial.
I found this article but it doesn't state it there, and is from quite a while ago.
(quote)
Smith ran for an open seat on the bench in 1986. He has run unopposed three times, and now is one of two judges at the San Bernardino County courthouse handling long trials. He has presided over many of the most high profile cases in the county in recent years including the trial of serial murderer Wayne Adam Ford. He splits his time between civil and criminal, but spends 85 percent of his time handling criminal cases. He earned his B.S. at Cal State University, Los Angeles, in 1971, and his law degree at University of San Diego Law School in 1974.
The Judge: Judge Michael A. Smith, 57

 

[Tortoise]

I still haven't found the article i found recently that stated about Smith's retirement after the McStay family murder trial.
I found this article but it doesn't state it there, and is from quite a while ago.
(quote)
Smith ran for an open seat on the bench in 1986. He has run unopposed three times, and now is one of two judges at the San Bernardino County courthouse handling long trials. He has presided over many of the most high profile cases in the county in recent years including the trial of serial murderer Wayne Adam Ford. He splits his time between civil and criminal, but spends 85 percent of his time handling criminal cases. He earned his B.S. at Cal State University, Los Angeles, in 1971, and his law degree at University of San Diego Law School in 1974.
The Judge: Judge Michael A. Smith, 57

there was a tweet about it at the beginning of trial

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

 

[citygirl]

Tortoise to the rescue! Thought I was losing it!

 

[Bobcat1]

Retired Judge Michael A Smith

People v. Dawson CA4/2 – CourtListener.com

People v. Dawson CA4/2, E060590 (Cal. Ct. App. 2014)

California Court of Appeal

Filed: August 19th, 2014

Precedential Status: Non-Precedential

Citations: None known

Docket Number: E060590

Filed 8/19/14 P. v. Dawson CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E060590


v. (Super.Ct.No. FSB08119)


GLEN ERVIN DAWSON, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief

Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

 

[Mica]

Here's what I have coming up for the next 2 weeks:

Schedule for week of April 1st to 5th: DARK: April 1 (Monday), 2 (Tuesday). April 3 (Wednesday)-Morning session only for jurors. Afternoon session Motion hearing re testimony of Beasley. DARK: 4/5.

Week of April 8th to 12th: 4/11 NO jurors-Other hearing: Microsoft & Google Motion to Quash Defendants Subpoena Duces Tecum & Documentary crew interview w/Merritt. DARK: 4/12. Jurors informed they should have the case by end of April.

@Mica - are there any additions or changes that you can see on the court site? TIA!

Hi Niner. Nothing new. Nothing posted on the portal beyond April 11th.

 

[UndiscoveredTruth]

Amanda‏ @1BKRapaBitch 1h1 hour ago
#McStay Day 4 Today will be the final day of testimony this week. Judge Smith is semi retired and doesn’t work full weeks. Mike McStay’s testimony should wrap and McGuyver McCargar should be introduced. His testimony will be interesting because he taught Summer how to paint and

BBM: For goodness sake. No wonder this trial is taking so long to get through. Am wondering if it's even worth getting up at 5am Wednesday and Thursday to follow, what 6 minutes? or if we're really lucky 2 hrs? of court time!

ETA: @Tortoise Thank you for finding the above tweet!

 

[Cricket28]

I don’t think anyone is suggesting there was no blood shed during the slaughter

The question is could the killer have cleaned thst well or done something to contain much of it at the time

For example
Could he have subdued Joey first somehow
Knocked him out/broken his leg/dragged him outside on a tarp?

Or maybe he killed Joey away from the home. Then returned and killed the family using a large tarp to contain the blood?

I just listened to Dr. Changsri's testimony again... There had to be a good amount of blood IMO.
I also noticed a few things that I hadn't before (or forgot about). She said the break to Joey's tibia and his rib were perimortem, meaning they happened right at the time of death. I always thought they were to incapacitate him.

Dr. C: "Around the pelvic area there is a white electrical cord that is tied to a red strap that’s knotted in the back. There’s also an S-shaped metal hook that’s attached to that strap. On the neck area, there’s a white electrical cord tied in the back.”

BBM. I don't remember the S-shaped metal hook. And by this description it sounds like the elec. cord around his pelvic area... and the one around his neck weren't even connected to each other. IDK

 

[Bernina]

[QUOTE="Cricket28, post: 14954973, member: 236445"
*snipped by me*
Dr. C: "Around the pelvic area there is a white electrical cord that is tied to a red strap that’s knotted in the back. There’s also an S-shaped metal hook that’s attached to that strap. On the neck area, there’s a white electrical cord tied in the back.”

BBM. I don't remember the S-shaped metal hook. And by this description it sounds like the elec. cord around his pelvic area... and the one around his neck weren't even connected to each other. IDK[/QUOTE]

Red by me. It's part of a ratchet tie down strap. They come in different colors.

 

[Cricket28]

I agree that Joey was a blitz Attack

I think he waited for Summrr to take the boys upstairs for their bath. With the water running snd all the noise of 2 young kids playing around, she probably never heard a thing.

Then the devil goes upstairs and puts a knife to her baby’s throat and she would totally comply. He could throw a tarp onto the bathroom floor and kill them there with little clean up needed

As to the noise- neighbors might expect some screaming and tantrums with 2 young kids at home

IIRC Summer didn't have any other injuries except those to her skull and head. She didn't have any "defensive" wounds like broken arms or legs. I think he took her by complete surprise. Well, obviously he took them all by surprise that night.

I'm just so confused about how it all went down.

 

[missy1974]

I just listened to Dr. Changsri's testimony again... There had to be a good amount of blood IMO.
I also noticed a few things that I hadn't before (or forgot about). She said the break to Joey's tibia and his rib were perimortem, meaning they happened right at the time of death. I always thought they were to incapacitate him.

Dr. C: "Around the pelvic area there is a white electrical cord that is tied to a red strap that’s knotted in the back. There’s also an S-shaped metal hook that’s attached to that strap. On the neck area, there’s a white electrical cord tied in the back.”

BBM. I don't remember the S-shaped metal hook. And by this description it sounds like the elec. cord around his pelvic area... and the one around his neck weren't even connected to each other. IDK

I listened to her testimony again recently too, it's very clear, to me anyway, that there had to be some significant blood. I can't recall if it was Dr. C or if it was the anthropologist, gave us a time frame of "perimortem"? I think it was the latter. I wasn't taking as many notes back then because I had no idea it was going to be so much information LOL

I still think the cord and straps were to help move Joey easier. JMO

 

[travelbug]

I still think the cord and straps were to help move Joey easier. JMO

Do you remember if the remains were found face up or face down?

 

[Cricket28]

I thought Smith was already retired?

I could swear he was brought out of retirement or semi-retirement to oversee this trial? I posted earlier on that that was why he was in no rush. He is doing what he loves.

BBM
I think you're right. I heard this is it for him. This will be his last trial. MOO

 

[Cricket28]

Well we know that the Doc crew interviewed Chase. I would assume they have done the same with some of the lawyers and detectives. I did hear a rumor that Netflix may be involved with it. I'm remaining optimistic, but with what Netflix has churned out, it may be a pro-defense doc in the end. It will be interesting to see what they leave out, like in the Avery doc.

Can you imagine a 'Free Chase' movement?

I believe it is Netflix. I wonder if they're funding the DT?
MOO

 

[citygirl]

Do you remember if the remains were found face up or face down?

Joseph was face up. Summer was almost face down but on her side.

 

[citygirl]

I think he is...and they called him in for t


BBM
I think you're right. I heard this is it for him. This will be his last trial. MOO

Thanks, Cricket. MOO, but I think this it's why he's in no hurry. Kind of his swan song, if you will. He seems to truly love what he does, and to me, pays close attention to detail. His thirty minute reply to the DT to toss the case was stunning.

 

[Cricket28]

I found this it is all I can find as of now:



Michael A. Smith (California) - Ballotpedia

Michael A. Smith (California)

This page is about the California Superior Court judge for San Bernardino County. If you are looking for the page about the Michigan Circuit Court judge, please see Michael Smith.


Michael A. Smith was a Superior Court judge for San Bernardino County, California. He stepped down from the court in 2010.[1]

External links

• Website of the Superior Court of San Bernardino County
• California Courts, Trial Court Roster

In San Bernardino, each judge has his/her own dept./courtroom. According to their roster, Smith is "assigned" to S21 (even though the trial has been taking place in S1). He is the only one (that I noticed) who is "assigned". That tells me he came out of retirement and plans on going back. lol

MOO

 

[Cricket28]

I've repeatedly said imo it is unwise to put all eggs in one basket.

That makes all of the defense rise or fall based on 2 defense witnesses.

If the jury doesn't believe a word Tracy says or even some of it or feels she is doing so only for her own personal bias, that will be very bad, and a high risk to take.

If DK has an irrefutable alibi no matter what the defense claims.. all of their eggs will begin to crack, and we know how messy, and smelly rotten cracked eggs can become. Lol!

Plus for the defense they have to place DK in the area of the homicides on the 4th if they are wanting the jury to believe DK is the one, and are asking them to completely ignore all of the evidence against the accused only.

Just saying he doesnt have an alibi will not be enough to sway the jury.

Imo they will not be able to do it.

I just saw a defense attorney yesterday talking on one of the crime channels. He admitted the worst thing any defense attorney can do is over promise in their OS because jurors expect all of it to be brought forth exactly as promised.

Imo

I think DK was really in Hawaii. IMO he probably would have gone by the Fallbrook house himself to do a welfare check if he was in town (and to get that check from Joey).

MOO