CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #18

[geevee]

CathyRusson: They switched courtrooms and didn't inform us ahead of time, it may have been last minute for the court as well. We have to move all our equipment, cords, etc...

 

[Tortoise]

#McStay - Our feed will be up soon. They just switched courtrooms. https://lawandcrime.com/live-trials/live-trials-current/charles-merritt/watch-live-mcstay-family-murder-trial/ …

 

[gitana1]

OK - so short version the defence tried to create a version explaining the 6th but he gave inconsistent interview

I am not sure about the rest of it - i PMed @gitana1

usually it is the state wanting to bring these interviews in - so presumably it was all done legit i am not sure why the defence can't produce it as a pre-trial statement?

This question came up in another case and I had to ask my law partner (he does criminal). I can't recall the answer. But I believe it was no. If he's not testifying he can't bring in evidence of statements he made from interrogations that the state hasn't brought in.

But I have messaged him and will let you guys know.

The state could have introduced both the witness statement and interrogation as admissions by a party opponent. And of course the witness statements can come in without Miranda warnings because he wasn't under arrest/detained at the time.

 

[Tortoise]

I've got audio but no picture yet. They're still setting up.

 

[geevee]

CathyRusson: Stand by. We may have figued out a way to get a video signal in mcstay

 

[geevee]

CathyRusson: Ok, we'll have video. we've moved our equipment out to the hallway where we CAN get a signal and our awesome camera guy has ran a cord from the hallway into the courtroom for his camera. Nothing is easy in this trial. lol

 

[mrjitty]

This question came up in another case and I had to ask my law partner (he does criminal). I can't recall the answer. But I believe it was no. If he's not testifying he can't bring in evidence of statements he made from interrogations that the state hasn't brought in.

But I have messaged him and will let you guys know.

The state could have introduced both the witness statement and interrogation as admissions by a party opponent. And of course the witness statements can come in without Miranda warnings because he wasn't under arrest/detained at the time.

Thanks @gitana1

I wondered that. I guess it is fair enough that if he doesn't testify, he can't bring in his pretrial statements.

I don't think I have seen this before - usually it is the state trying to get them in!

So that explains why the defence is making their convoluted argument that the state has opened up all 8 hrs of testimony via the other recordings.

 

[geevee]

CathyRusson: Court is not in session right now - McStay

 

[gitana1]

This question came up in another case and I had to ask my law partner (he does criminal). I can't recall the answer. But I believe it was no. If he's not testifying he can't bring in evidence of statements he made from interrogations that the state hasn't brought in.

But I have messaged him and will let you guys know.

The state could have introduced both the witness statement and interrogation as admissions by a party opponent. And of course the witness statements can come in without Miranda warnings because he wasn't under arrest/detained at the time.

He answered and said "No." I asked why and am waiting for the answer but IIRC it's because he would then be subject to cross examination for what he said in interrogation and he can't offer recorded statements in lieu of testimony.

 

[smr]

I don’t believe for a second they had lunch together so the fact that Chase maintains they did makes me wonder why he would lie about it.

The testimony by La Rock on the phone records supports Chase's account of having lunch with JM and discussing the new business deal during/after lunch. JM continued to make phone calls to CM on his way home from the lunch and they seemed to be working with the Google Sketch stuff:

39:00-42:00:

31:00-32:00:

 

[geevee]

#mcstay McGee is back! We are 1/2 day in courtroom a few doors down then will move back to our regular courtroom.

 

[UndiscoveredTruth]

Cathy Russon‏ @cathyrusson 1m1 minute ago
#CharlesMerritt has entered court. Today is day 51 of the #McStay Family Murder Trial. Yes, day 51! Watch Live: https://lawandcrime.com/live-trials/live-trials-current/charles-merritt/watch-live-mcstay-family-murder-trial/ …

 

[geevee]

CathyRusson: McStay - We're in this new courtroom only for this morning. There's another case going on in the original courtroom. We'll be back there after lunch

 

[oceanblueeyes]

Exactly. I wonder as well why Merritt was so apprehensive to enter the McStay home when he was there with MM? He never had any problem before that to insert himself into their life.

Imo, he had that all planned out beforehand. Imo, He left a window unlocked so MM could get in.

He wanted MMs fingerprints to be on the window...not his.

Imo

 

[Karinna]

Imo, he had that all planned out beforehand. Imo, He left a window unlocked so MM could get in.

He wanted MMs fingerprints to be on the window...not his.

Imo

Yes that was my thought too. But it wouldn't of mattered because he was such a regular visitor there it would easily explain why his DNA was at their house.
Maybe it was consciousness of guilt with JM's brother there, and he might of got a bit spooked in that moment knowing what he had done?

 

[Tortoise]

The testimony by La Rock on the phone records supports Chase's account of having lunch with JM and discussing the new business deal during/after lunch. JM continued to make phone calls to CM on his way home from the lunch and they seemed to be working with the Google Sketch stuff:

There is zero evidence they met for lunch.

In fact Merritt and Cathy were almost constantly on the phone. That's what the phone records reflect.

 

[UndiscoveredTruth]

Cathy Russon‏ @cathyrusson 38s39 seconds ago
#McStay - Defense attorney James McGee has returned. He's been out on an undisclosed medical issue.

 

[Karinna]

There is zero evidence they met for lunch.

In fact Merritt and Cathy were almost constantly on the phone. That's what the phone records reflect.

Exactly. As other posters have mentioned previously he was supposedly with JM at CFA at lunchtime and no one else was there. What a load of BS. CFA is usually always busy with customers getting their food.

 

[smr]

There is zero evidence they met for lunch.

In fact Merritt and Cathy were almost constantly on the phone. That's what the phone records reflect.

Zero evidence they didn't have lunch. Evidence is CONSISTENT with Chase's account. Prosecution can't prove their point without reasonable doubt.

 

[Karinna]

What's the hold up now, LOL.