CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #15

[missy1974]

Thanks @Cricket28 for the pics of the knots ... I just showed my hubby, he knows the knots, and just tried showing me with a cell phone cord lol He says it's a "really good knot" He says if you pull the loop it actually tightens the knot. Will say JMHO (just my hubby's opinion) LOL

 

[Frankie Hellis]

I'd still like to know what the DNA was found on. I haven't listen to all of Ryan's testimony, did she say what it was on?

For me, if it was on anything but the murder weapon, it's all irrelevant. It's just the defense trying to make the state look like it missed things or wasn't thorough enough with evidence.

Once they dialed down the analytical thresholds, they found the following:
(There are 22 possible loci for every dna match)
L cup of bra 9/22
White cord 4/22
R cup of bra 19/22
Red strap 4/22

It strikes me that considering a few matching loci a “match” to anyone, after decimating the thresholds is ridiculous and really reaching.

 

[Force Ten]

Does anyone know why this dude isn't in the courtroom helping with the trial at all?

Time the enemy in solving McStay family killings - CNN

And who is this Jason Anderson?

Jason Anderson | San Bernardino County District Attorney

Did Anderson replace Ramos? How come Anderson is never in the courtroom?

Yes Ramos lost the election.

 

[Mony Mony]

That's what I think of Suzanna's testimony.

 

[Frankie Hellis]

View attachment 178282

That's what I think of Suzanna's testimony.

I don’t think she is lying; I just think throwing away the controls you have in place to make sure you produce valid results is worthless. The reason the initial lab didn’t find dna matches was because they had guidelines in place to throw out unusable results. These second tests are using otherwise unusable results.

 

[Mony Mony]

Day 35 Part 3 at about the 15 minute mark....

Funny that the judge asked Susanna a question and one of the lawyers objected! And the judge overruled the objection to his own question!

At this point, Susanna does talk about some of the samples being above the analytical threshhold

 

[travelbug]

I'd still like to know what the DNA was found on. I haven't listen to all of Ryan's testimony, did she say what it was on?

For me, if it was on anything but the murder weapon, it's all irrelevant. It's just the defense trying to make the state look like it missed things or wasn't thorough enough with evidence.

The electrical cord was from the slip knot at the point it was tightened around Joey's neck. That is very relevant.

 

[Mony Mony]

I don’t think she is lying; I just think throwing away the controls you have in place to make sure you produce valid results is worthless. The reason the initial lab didn’t find dna matches was because they had guidelines in place to throw out unusable results. These second tests are using otherwise unusable results.

I didn't mean to imply she was lying. I am saying statistical data can be very easily skewed to reach a desired outcome. Just like Susana did-it is not an outright lie, rather she is presenting her skewed results.

 

[travelbug]

Lmao like when Maline was telling Mike his truck was identical to Chase and Mike had to explain to him his was a dually, two completely different trucks!

It isn't possible to reach that conclusion unless we know the reason for Maline's question. If, for example, the front end or front side was captured on camera the 4 rear tires and extended side panels would not matter.

 

[Tortoise]

I wonder why there was the delay in obtaining the results - wasn't McGee still waiting on the results when trial started? S Ryan said she sent them off to the lab in March 2018 because her own lab wasn't yet accredited.

 

[Force Ten]

The electrical cord was from the slip knot at the point it was tightened around Joey's neck. That is very relevant.

After closer analogy though, it doesn't appear to actually be around his neck. From the prelim and trial testimony, this is stated as such but if you look at the actual picture, it's around the fabric that's around his neck. That's my impression of it. Unless we're not shown what was the knot around the neck.

By all appearances it seems the cord was used to hold the fabric in place and not to restrain Joseph as I previously believed.

 

[Mica]

Mailine was not court appoint AIR. He became the choice of CM and McGee then joined the team because Maline is not Death Penalty Qualified by the State of California and McGee is. CM filed for indigent status and the court then granted the indigent status allowing Maline and McGee to represent CM and to be paid by the State. AIR

Thanks, Bobcat for the correction. Yes, Maline was retained by CM along with McGee in March 2016. However, the court site lists McGee as the lead attorney.

Accused McStay family killer hires new attorneys for third time

_______________________________________

This is why I thought Maline was court appointed...


Maline was under contract by the law firm of Jimmy Mettias, Merritt’s former lead attorney. When Mettias was dismissed, Maline was as well.

But Merritt’s problems with his former attorneys did not necessarily apply to Maline.

“He has expressed the desire to have me on the team, so that’s why I’m here today,” Maline said of Merritt following Tuesday’s hearing.

The issue, Maline said, is whether Judge Smith can even appoint him to defend Merritt because Maline is not on a list of court-approved defense attorneys.

Veteran criminal defense attorney David Call is on the list, and previously served as Merritt’s advisory counsel. He was also present during Tuesday’s hearing after receiving a call from the court’s appointment committee to appear at the hearing in case he is re-appointed.

Merritt told Smith he did not want to represent himself, but would if his “back was against the wall.

“This is a really big decision, and I’m discussing it with Mr. Call and Mr. Maline,” Merritt told Smith Tuesday. “I’m leaning much, much further in the direction of having an attorney in this case.”

Smith told Merritt he does not get to choose his court-appointed attorneys. Merritt can, however, retain his own attorneys if he so desires.

Charles Merritt could get new attorneys in McStay case – San Bernardino Sun

 

[travelbug]

I don't understand why we are dissecting the potential DNA evidence until after we have heard the explanation regarding the relevance. I am interested in every discussion or piece of evidence available, regardless of whether it is pro-PT or pro-DT. We're seeking justice for the murder of a family of 4. The jury will be carefully processing every statement and piece of evidence presented. I am grateful for that and hopeful they will arrive at a logical verdict. imho

 

[citygirl]

From the above article:
The issue over Merritt’s defense counsel has been an ongoing issue since Merritt’s arrest in November 2014. In January 2015, Merritt’s first attorney, Robert Ponce, was dismissed from the case after Merritt insisted he represent himself. Defense attorney David Call and private investigator David Farrell were subsequently appointed to advise Merritt.

But it didn’t last long. In May 2015, Merritt retained Mettias and David Askander to represent him. Mettias brought aboard Victorville attorneys Sharon Brunner and Jim Terrell to assist, then Rajan Maline after Terrell left the defense team.

Mettias, Askander, Brunner and Maline represented Merritt until last week.
..............................................................................................
CM has ditched six attorneys, not including himself.
Ponce, Call, Mettias, Askandar, Brunner, and Terrel. I wonder why? Did they want him to cop a plea for a lesser sentence? What did he see in Maline to want to keep him on board even though he wasn't death penalty qualified? By all accounts the state is footing the bill. There must be a set fee for defense attorneys being paid by the state. I would assume it is not as much as being paid in the private sector? Anyone know?

 

[Force Ten]

It isn't possible to reach that conclusion unless we know the reason for Maline's question. If, for example, the front end or front side was captured on camera the 4 rear tires and extended side panels would not matter.

But he was showing him a truck that wasn't his implying it was just like his. He should have known it was a dually.

 

[Force Ten]

The electrical cord was from the slip knot at the point it was tightened around Joey's neck. That is very relevant.

You're right, I've been looking at the wrong damn knot this whole time. Grrrrr

Here's the neck one.

 

[Frankie Hellis]

I don't understand why we are dissecting the potential DNA evidence until after we have heard the explanation regarding the relevance. I am interested in every discussion or piece of evidence available, regardless of whether it is pro-PT or pro-DT. We're seeking justice for the murder of a family of 4. The jury will be carefully processing every statement and piece of evidence presented. I am grateful for that and hopeful they will arrive at a logical verdict. imho

If you’re referencing my opinion, I am just speaking as someone who has gone into the weeds with dna evidence in other trials. It is imperative that protocols and caution be used with regard to dna. Look at the Mark Carver case - touch dna ended him up with a life sentence and he likely wasn’t any more than a bystander.

I’m all for laying the evidence out regardless of who it benefits, but with dna, we must be very careful of throwing caution to the wind, just to have “results.”

 

[travelbug]

But he was showing him a truck that wasn't his implying it was just like his. He should have known it was a dually.

TY - I didn't know he was showing him a picture.

 

[travelbug]

If you’re referencing my opinion, I am just speaking as someone who has gone into the weeds with dna evidence in other trials. It is imperative that protocols and caution be used with regard to dna. Look at the Mark Carver case - touch dna ended him up with a life sentence and he likely wasn’t any more than a bystander.

I’m all for laying the evidence out regardless of who it benefits, but with dna, we must be very careful of throwing caution to the wind, just to have “results.”

I am in total agreement with that statement. That is why I changed my opinion regarding the accuracy of the steering wheel (and other Trooper) swab evidence. The DT expert explained that the various swabs were "collective" and packaged together. That does allow for cross-contamination and makes it very unreliable for determination of true location of individual DNA results. I am hoping for possible clarification from these current tests.

 

[Mica]

It isn't possible to reach that conclusion unless we know the reason for Maline's question. If, for example, the front end or front side was captured on camera the 4 rear tires and extended side panels would not matter.

But he was showing him a truck that wasn’t his implying it was just like his. He should have known it was a dually.

What about MM’s work truck(s)? Could one of those have been what Maline was getting at and not MM’s dually?