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

[InspectorGadget]

Because both examples are a possibility, which in turn create reasonable doubt. The job of the DT is to create as much reasonable doubt as they possibly can and IMO, they’re successfully doing so.

I think the point that the DT are hoping to make is that the DNA in the graves will exclude CM.

Furthermore, Susanna testified that an academic study of steering wheel DNA found that DNA from non-drivers of a vehicle is often found on car steering wheels. Combined with the evidence that Chase said he had been in the vehicle, I don't think the trooper DNA evidence proves anything at all. So that is a completely different situation.

 

[InspectorGadget]

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.

True, they would be "consistent with" a lot of people and only exclude a few.

 

[Mony Mony]

I think the point that the DT are hoping to make is that the DNA in the graves will exclude CM.

Furthermore, Susanna testified that an academic study of steering wheel DNA found that DNA from non-drivers of a vehicle is often found on car steering wheels. Combined with the evidence that Chase said he had been in the vehicle, I don't think the trooper DNA evidence proves anything at all. So that is a completely different situation.

The DNA in the graves was very degraded. Not sure it pointed to anyone. If that excludes everyone, then we are left with the question of who put the McStay family in the graves. They didn't put themselves in there.

 

[missy1974]

On Ryan & her affiliation with Mark Perlin at Cybergenetics...I found this tidbit interesting on their website and it really angers me & I hope like heck that the Prosecution questions Mr. Perlin about these tidbits on his website when they cross examine him.

Cybgen link:
DNA transfer for lawyers

DNA has tremendous power in the courtroom. Typically introduced by a prosecutor for establishing probative connections between crime scene and defendant, the defender's task is to neutralize that probative power. DNA's message is that someone has left their biological material in an unexpected place, where it doesn't belong; the rejoinder is that the DNA evidence is entirely expected to be there.

How is this done? An increasingly common approach is through the defense argument of "DNA transfer." Here are some examples.

1. Why is the defendant's DNA on the victim' s underwear? Because it transferred there in the laundry. He's innocent.
2. How did the defendant's DNA get on the weapon? Because it was wrapped in a towel taken from his home. He's innocent.
3. When was the defendant's DNA left in the deceased's pants pocket? The prosecutor says it was when he rifled through clothing to steal the victim's wallet. The defense replies the two men knew each other - it's only innocent DNA transfer that happened at an earlier time, before the crime occurred.

DNA transfer gives defenders hope - and prosecutors anguish. How does one respond to a vague assertion that can introduce reasonable doubt about solid DNA evidence? The rebuttal comes from established science that can show why the proffered DNA transfer is not likely, given the facts of the case and DNA science.

From the link, you didn't add the last paragraph...

This CLE course will teach lawyers about DNA evidence, transfer alternatives, and arguments that can be made by both sides. Drawing from actual criminal case fact patterns, students will learn how to effectively attack and defend DNA evidence using recent methods and strategies from DNA science and law.

The above bolded is by me. From the little bit of research I have done on the guy, it seems that he has testified a whole lot for the prosecution, and some innocence project cases. The biggest argument against his findings is the software and how he gets his results, it's his own software so of course he doesn't want to share it lol I wasn't able to find how many times he has testified and for which side, but I did find a quote from him at this link:

Cybergenetics testifies for acquitted defendant in Pittsburgh double homicide

Cybergenetics has assisted Allegheny County in almost sixty criminal cases. After testifying for the prosecution in a dozen trials in the county, this was the first time Cybergenetics testified for the defense. Expert witness Dr. Mark Perlin said, "TrueAllele found DNA match results helpful to the court. The computer doesn't take sides."

If you read the whole thing at that link, it's a summary of a case, where the District Attorney had Cybergenetics look at the DNA, that was turned over to the defense and the defense retained them.

Here is a list of trials he has testified in, I am not sure if this is an exhaustive list, but other than the one above, all the others I looked at, it looks like he was testifying for the Prosecution. BUT I didn't go through them all.
Trials

I also read that he typically lets lawyers see how it works for themselves... which might be what Rodriquez and Dougherty were doing there. JMO

 

[Cricket28]

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

I would like to know what the finances are for the DT. Including attorneys, experts, and whatever/whoever else. How much (if anything) did the documentary people agree to pay for "exclusive" rights? How much are the taxpayers responsible for?

Is there a way we can find out?

Chase obviously, IMO, played the system and played it well.
Remember the first time he fired his attorneys, in Jan 2015, and wanted to represent himself because "he only has six to eight months to live due to congestive heart failure and could not afford his own attorney."

Couldn't afford his own attorney? Well we all know that to be true. Then how, in May 2015, was he able to retain Mettias and his firm?

Jan 2016
Chase fires Mettias.

McSTAY MURDER CASE: Defendant Merritt gets 2 weeks to decide on attorney – Press Enterprise

Riverside attorney Rajan Maline technically was on contract with Merritt’s prior defense team led by Victorville attorney Jimmy Mettias. In court, Merritt said he was still talking to Maline, who said outside court he still was interested in a defense role.

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

IDK...but IMO Maline is who Chase wanted, but couldn't afford.
Enter the documentary people.... a pro defense one even.
Chase "retains" Maline, knowing all along he would soon file for indigent status.

Getting a documentary made in his favor, AND getting to choose his court appointed attorneys.
What a clever and lucky guy.

This is all only JMO.

 

[Cricket28]

I haven't listened to all of it, but I did note that there were 2 cords as well Cricket.

But only one of the cords had the end (the female end) cut off? I don't get it.

MOO

 

[Cricket28]

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

LOL at the BBM.

What a scary thought.....pulling on the loop will tighten the knot.

 

[missy1974]

But only one of the cords had the end (the female end) cut off? I don't get it.

MOO

hmmm I would have to go back to earlier testimony... wasn't there an end outside of the grave? and the other end was still attached to the cord?

 

[Cricket28]

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

LOL Mica...I just posted some of this.

 

[missy1974]

LOL at the BBM.

What a scary thought.....pulling on the loop will tighten the knot.

I agree, but I also think that the cords (with the loops making it easier to grab) was there for lifting and moving the body, and hope that it was most likely placed there after Joey passed

 

[la2cabo]

why?

I recall that Mettias withdrew or the judge allowed it after Chase didn't want to waive his right to a speedy trial.

Maybe Mettias used his client's money to open his Mettias Route 66 Billiards & Pool Hall in beautiful downtown Victorville.

 

[geevee]

Jimmy Philip Mettias #269572 - Attorney Search

(great big bug eyes)

 

[thelmadawg]

Everyone, please remember we do not allow discussions of R.B's book or R.B. If you don't know who I am talking about that's a good thing.

Thank you,
Tricia

I most humbly apologize for stirring up the hornet's nest. It was not my intention. Properly spanked

 

[MrsPC]

Missy1974..I edited my post (I think after you quoted it apparently) but my concern was with the last statement that Perlin made...

The rebuttal comes from established science that can show why the proffered DNA transfer is not likely, given the facts of the case and DNA science.

He's saying that DNA transfer is not likely, yet he's going to be testifying for the defense, and I would assume he's going to concur with Ryan on the alleged transfer of Merritt's DNA. I just think it's totally hypocritical. But then, most defense experts and defense attorneys don't really play by the rules IMHO.

 

[smr]

I confess I'm skipping the posts about the knot, too gruesome

What a clever and lucky guy.

Clever or not, can't blame him for doing what I would try to do if I were in his position. (Actually he's far from being clever, considering the past tense and "definitely the last person..." comment. ) But definitely a lucky guy in having his last DT.

 

[smr]

So, Mettias adds another "M" to the case .

 

[Cricket28]

It’s a good thing CM fired Mettias. He has since lost his law license.

Oh my!

 

[geevee]

Oh my!

Read the link Mica posted, he sounds very unscrupulous. And gives snakes a bad name.

 

[Satchie]

Getting a documentary made in his favor, AND getting to choose his court appointed attorneys.
What a clever and lucky guy.

This is all only JMO.

You never know though, if the documentary film-makers stumble on evidence that he did it, they'll use it to sell their film, like happened to Robert Durst when he was recorded muttering "I killed them all."

Another famous case in the early 80's was when Jeffrey MacDonald hired a biographer to cover his trial and proclaim his innocence, but the biography argued that he was guilty (as the court had ruled) and painted a very unflattering portrait. The prisoner sued the biographer for defamation, etc, they ended up settling out of court.

 

[Mica]

Maybe Mettias used his client's money to open his Mettias Route 66 Billiards & Pool Hall in beautiful downtown Victorville.

Is it his or Richard Mettias’?