State of California VS Charles Ray Merritt: Part Four - Transcript of Charles Merritt Preliminary
5 Q
At some point did you have occasion to interview a
6
Katherine Jarvis?
7 A I did.
8 Q And who is that?
9 A That would be what I talked about earlier. That was
10 Mr. Merritt's former girlfriend. It's his children's mother.
11 Q
Did you ask Miss Jarvis regarding whether or not the
12
defendant received a phone call from Joseph McStay, Sr., after
13
he had returned home on February 4th, 2010?
14 A I did.
15 Q And what did she explain to you?
16
A Her initial statement was she recalled the night of
17 February 4th after he returned home, that they were standing
18 around the bar area of their apartment. She described
19 Mr. Merritt's phone as lying face up on the counter. And his
20 phone rang and she could see Joseph's name pop up on the
21 display.
22 She said that she asked Mr. Merritt if he was going to
23 answer the phone. And he said, no, and he wasn't going to. He
24 had already talked to Joseph that day and he didn't want to
25 answer it.
26 She thought it was odd that he didn't want to answer it
27 and he let it ring all the way out until it went to voice mail.
28 Q
Why did you say that was her initial story?
139
1 A
She changed it. Later, she changed her statement, when
2 she was confronted with cell phone records to show there was
3 never a phone call received on Mr. Merritt's phone from Joseph
4 McStay, Sr., that night.
5 Q What was her response at that point, when she was
6 confronted with the phone record?
7 A That she was mistaken. And she remembered the phone call
8 happening that way, but it was possibly a different night.
9 Q Did you ask Miss Jarvis about whether or not the
10 defendant frequented the High Desert around February 4th, 2010?
11 A I did.
12 Q And what was her response to you?
13 A To her knowledge, he did not.
14 Q Did you ask Miss Jarvis whether or not the defendant was
15 a person that was typically hard to get ahold of via cell phone?
16 A She said that sometimes he was hard to get ahold of.
17 That he would go to the casino, it could be for up to a couple
18 of days at a time, and if he was at a table, he typically
19 wouldn't answer his phone.
20 Q Was it --
did you ask her whether or not it was his habit
21
or common behavior to turn off his cell phone for long periods
22
of time?
23
A She said it was not. He did not shut his phone off.
24 Q Did you ask Miss Jarvis whether or not she urged the
25 defendant to make a report about the McStays being missing?
26 A I did.
27 Q And what was her response? What did she tell you?
28 A
She did say she urged Mr. Merritt to contact law
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1
enforcement and report the McStays missing.
2 Q
Was there a response from him after she urged him to,
3
according to her?
4 A
He did not want to get involved.