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

[missy1974]

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?

Where did you "hear" that Netflix was involved? I have done some looking and can't find much at all about TSG. If the guy filming was smart, he would be shopping it to Netflix though, Making a Murderer was very successful on it, regardless of individual opinions, that case went way beyond the documentary. There is a forum here on WS's though if you ever want to discuss it ;-)

The one great thing about MaM was that it caused an online community to crowdfund and ALL documents are now available, so people can make up their own minds (if they take the time to read all the docs). I wish we had all the documents in this case LOL

 

[Force Ten]

Yes agree this DP Trial has been very different. But who's fault is it really? How long has this case taken to get to Trial? If i recall a lot of the stalling/delaying had to do with the one that has been charged with the murders even before the trial. We were also told at the start of this trial it would take months to finalize, and people were very surprised at that, because as we know a DP case doesn't take months of trial days. But now we see why that is, and it's really a part time trial. Maybe it's a new standard for CA?
I also think if the DT aren't ready with witnesses they can't make their witnesses take the stand if they can't be there on a certain day.
I still blame CM for the length of time this has taken to even get to trial, all IMO.

Yes, the defense is taking cues from the old cowboy's tactic, stall and stall some more. I forgot about the estimated 6 month projection. That's far beyond the end of April. Something tells me the defense's witness list shrunk by a huge percentage if the jury has the case by the end of April.

 

[Karinna]

Is he officially retiring after this? I was wondering if there was a mistrial, would they have a different judge in the second trial? Would the jurors exceeding their time be grounds for an automatic mistrial?

I did read somewhere recently about Judge Smith retiring after the McStay trial. If i find the article again i will post it up.

 

[Force Ten]

Where did you "hear" that Netflix was involved? I have done some looking and can't find much at all about TSG. If the guy filming was smart, he would be shopping it to Netflix though, Making a Murderer was very successful on it, regardless of individual opinions, that case went way beyond the documentary. There is a forum here on WS's though if you ever want to discuss it ;-)

The one great thing about MaM was that it caused an online community to crowdfund and ALL documents are now available, so people can make up their own minds (if they take the time to read all the docs). I wish we had all the documents in this case LOL

BBM. What and take a chance on getting kicked off WS? LOL

The Netflix thing was something someone mentioned on FB. I haven't seen anything about it before or since, so who knows.

 

[Karinna]

I'm going to stick my neck out, which I normally don't do. Lol

I think the DNA of others found from the gravesites will be garbage in....garbage out, and wont move the needle one way or the other.

I also think once direct is over of each defense expert, the state is fully prepared to refute it during cross examinations. I really wish MR would do all crosses.

I've seen many of these so called high powered experts (many were nationally known) that were going to save the defendant, and they did not.

Many were actually exposed as nothing more than hired guns, who if paid enough money, would swear under oath the moon is made of cheese. Lol!

As an aside: The only ones who benefits from a mistrial is the defendant, and team.

I really do seriously wonder if that is exactly what the defense wants to happen?

It's far better than CM going off to prison if convicted, and it also gives his DT the opportunity to gouge the taxpayers out of even more $$$$$$$.

Jmo though.

BBM, If a Mistrial is declared doesn't CM still stay in prison until a new trial is organized?

 

[Karinna]

Yes, the defense is taking cues from the old cowboy's tactic, stall and stall some more. I forgot about the estimated 6 month projection. That's far beyond the end of April. Something tells me the defense's witness list shrunk by a huge percentage if the jury has the case by the end of April.

Yes i am also surprised it will supposedly be finished by the end of April.

 

[Bobcat1]

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

 

[travelbug]

BBM, If a Mistrial is declared doesn't CM still stay in prison until a new trial is organized?

That would depend on the reason it is declared and which party files the motion.

 

[geevee]

That would depend on the reason it is declared and which party files the motion.

He would remain in jail until a new trial unless all charges were dropped.

Mooo

 

[travelbug]

He would remain in jail until a new trial unless all charges were dropped.

Mooo

..."A mistrial in a criminal prosecution may prevent retrial under the Double Jeopardy provision of the Fifth Amendment, which prohibits an individual from being tried twice for the same offense, unless required by the interests of justice and depending on which party moved for the mistrial. Typically, there is no bar to a retrial if the defendant requests or consents to a mistrial. A retrial may be barred if the court grants a mistrial without the defendant's consent, or over his objection. If the mistrial results from judicial or prosecutorial misconduct, a retrial will be barred. In United States v. Jorn, 400 U.S. 470, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971), the Supreme Court held that reprosecuting the defendant would constitute double jeopardy because the judge had abused his discretion in declaring a mistrial. On his own motion, the judge had declared a mistrial to enable government witnesses to consult with their own attorneys."...
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

 

[missy1974]

Yes, the defense is taking cues from the old cowboy's tactic, stall and stall some more. I forgot about the estimated 6 month projection. That's far beyond the end of April. Something tells me the defense's witness list shrunk by a huge percentage if the jury has the case by the end of April.

Actually, in the beginning, it was said it would take 4 months, that is from the first or second day of the trial. I can't recall when someone said '6 months', probably when the prosecutors were whining that the defense was asking too many questions in cross exam

I'm going to guess it will be the first or second week of May before the jury gets the case. If the defense finishes at the end of April, then there is rebuttal, will all depend on delays and doctor/dentist appointments

 

[oceanblueeyes]

BBM, If a Mistrial is declared doesn't CM still stay in prison until a new trial is organized?

Yes, he would remain in jail because the state would advise the judge immediately they would be retrying him again.

That's why a mistrial only benefits the defendant. He remains in jail like he has willingly done for years now.

The only way there will be a mistrial is if too many jurors jump ship or if there is a hung jury.

Although I do believe this one will end in an unanimous verdict like most all cases do.

Imo

 

[Force Ten]

Yes, he would remain in jail because the state would advise the judge immediately they would be retrying him again.

That's why a mistrial only benefits the defendant. He remains in jail like he has willingly done for years now.

The only way there will be a mistrial is if too many jurors jump ship or if there is a hung jury.

Although I do believe this one will end in an unanimous verdict like most all cases do.

Imo

I do too, that it will be unanimous. Even with Dan and Tracy testifying. Without a doubt.

 

[oceanblueeyes]

..."A mistrial in a criminal prosecution may prevent retrial under the Double Jeopardy provision of the Fifth Amendment, which prohibits an individual from being tried twice for the same offense, unless required by the interests of justice and depending on which party moved for the mistrial. Typically, there is no bar to a retrial if the defendant requests or consents to a mistrial. A retrial may be barred if the court grants a mistrial without the defendant's consent, or over his objection. If the mistrial results from judicial or prosecutorial misconduct, a retrial will be barred. In United States v. Jorn, 400 U.S. 470, 91 S. Ct. 547, 27 L. Ed. 2d 543 (1971), the Supreme Court held that reprosecuting the defendant would constitute double jeopardy because the judge had abused his discretion in declaring a mistrial. On his own motion, the judge had declared a mistrial to enable government witnesses to consult with their own attorneys."...
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

Imo, that is not going to happen in this case.

In fact imo this judge has bent way over backwards, and then some for this defense.

Smith is not a new kid on the block. He knows his rulings have been sound, and will be upheld if a mistrial happens. And he will let the state retry this case should one occur which I don't even think will happen in the first place.


Imo

 

[oceanblueeyes]

I do too, that it will be unanimous. Even with Dan and Tracy testifying. Without a doubt.

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

 

[oceanblueeyes]

I do remember during the Michael Peterson trial they had cameras, and the documentary filmmakers were from France.

So it could really be anyone from anywhere.

I need this clarified please. Has the state filed a motion to get excerpts from that future documentary where CM was interviewed by them specifically? TIA

Imo

 

[oceanblueeyes]

Yes agree this DP Trial has been very different. But who's fault is it really? How long has this case taken to get to Trial? If i recall a lot of the stalling/delaying had to do with the one that has been charged with the murders even before the trial. We were also told at the start of this trial it would take months to finalize, and people were very surprised at that, because as we know a DP case doesn't take months of trial days. But now we see why that is, and it's really a part time trial. Maybe it's a new standard for CA?
I also think if the DT aren't ready with witnesses they can't make their witnesses take the stand if they can't be there on a certain day.
I still blame CM for the length of time this has taken to even get to trial, all IMO.

Ita!

He knew exactly what he was doing when he decided he was going to represent himself. Ha! Riight.

Even defense attorneys know when that happens the lawyer/defendant has a fool for client.

Like always CM had no intentions of following through with it like he failed to follow through with other duties while on the outside. Imo, that too was another one of his scams. He was scamming the judicial system this time.

Imo it was merely a stall tactic. It also gave him the perfect opportunity to see all of the discovery evidence against him.

Although CM isnt the only one who has pulled the same stunt, and then decided they actually needed lawyers.

The only ones I have seen represent themselves in trial are those like Bundy, and Furgeson because they were intelligent individuals, although evil to the core. As we all know those trials were bizarre, and representing themselves only reinforced their guilt.

In a way I do wish he had represented himself, although I knew it wasn't going to ever happen, even when he declared he would self represent.

When Ferguson represented himself his questions to the victims, and other witnesses showed he knew exactly what he had done, and to whom that awful day.

If CM had done the same we would have learned what happened. Imo he would reveal those facts through the form of his questions, just like Ferguson inadvertently revealed his acts to his jury.

Imo

 

[missy1974]

I do remember during the Michael Peterson trial they had cameras, and the documentary filmmakers were from France.

So it could really be anyone from anywhere.

I need this clarified please. Has the state filed a motion to get excerpts from that future documentary where CM was interviewed by them specifically? TIA

Imo

I don't think we know specifically what they have subpoenaed .... I thought it was CM's interviews, but listening to the hearing the other day, Rodriquez just says "interviews", so it could be CJ or TJ's that they are looking for as well.

I am unsure how the judge will handle this one only because it is yet to be aired footage, unlike the CNN clip that the State used. They didn't even get the unedited footage and the judge told the defense "good luck" getting that LOL And if it's for CJ/TJ's interviews, if they are wanting it for impeachment purposes, that could be a slippery slope IMO There are a lot of interviews out there from family and friends in the years since the McStay's disappeared, if they all become fair game, that could be a mess. JMO

 

[oceanblueeyes]

I don't think we know specifically what they have subpoenaed .... I thought it was CM's interviews, but listening to the hearing the other day, Rodriquez just says "interviews", so it could be CJ or TJ's that they are looking for as well.

I am unsure how the judge will handle this one only because it is yet to be aired footage, unlike the CNN clip that the State used. They didn't even get the unedited footage and the judge told the defense "good luck" getting that LOL And if it's for CJ/TJ's interviews, if they are wanting it for impeachment purposes, that could be a slippery slope IMO There are a lot of interviews out there from family and friends in the years since the McStay's disappeared, if they all become fair game, that could be a mess. JMO

Thank you, Missy! I appreciate it like always.

I really think the one that has to be the most worried is the man accused of these crimes, and his witnesses.

Imo jurors play very close attention to any, and all inconsistencies the defendant made to anyone, even if its during or prior to trial.

I think the state feels comfortable asking the judge for these conversations


Jmo though

 

[Niner]

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!