CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #9

[citygirl]

Wow! Things are happening fast.
Looking forward to the defense.
Again, thanks for all the updates.

 

[katydid23]

Regarding taking notes, I was surprised that they were allowed to. Some states don't allow it! (Or maybe particular judges -I'm not sure, but I do know that some juries aren't allowed notes during the trial.)

I would go nuts on a jury, if I wasn't allowed to take notes. How do you sit and listen for hours at a time, without being able to jot down notes. That would be torture for me. lol

 

[SuziQ]

The jailhouse tape and cj's testimony must be a bombshell if the prosecution feels they can rest so soon. Or at least l hope so!

 

[asyousay]

Regarding taking notes, I was surprised that they were allowed to. Some states don't allow it! (Or maybe particular judges -I'm not sure, but I do know that some juries aren't allowed notes during the trial.)

Why is that?

In the UK we could take notes but the note pads had to stay in the court room for the duration of the trial and then we was allowed to take them into the room where we made our verdict. It made recalling things a lot easier on all of us having the notes we had taken.

 

[Texas Red]

If this is all the prosecution has then there’s no need for the defense to even present a case. After the prosecution rests all the defense needs to do is file a motion for judgment of acquittal. The only question now is the amount CM will be awarded in the upcoming civil judgement against the state. I must correct my early criticism in which I referred to the prosecution’s presentation as being a dog and pony show, because apparently, they forgot to bring the pony.

 

[QueenBofOB]

I am so totally lost, who is mechelle and what cnn video`?

CNN did a couple of documentaries on the McStays. One when they were missing (interviewing CM) and another after the bodies were found IN THE DESERT, near where CM used to live. Mechelle is his latest girlfriend, whom he hooked up with, after he and CJ broke up.

 

[asyousay]

If this is all the prosecution has then there’s no need for the defense to even present a case. After the prosecution rests all the defense needs to do is file a judgment of acquittal. The only question now is the amount CM will be awarded in the upcoming civil judgement against the state. I must correct my early criticism in which I referred to the prosecution’s presentation as being a dog and pony show, because apparently, they forgot to bring the pony.

I wouldn’t sum it up quite like this but it they haven’t to me proved their case here.

I am amazed that this is their evidence and they think it’s enough for a death penalty case.

 

[oceanblueeyes]

Regarding taking notes, I was surprised that they were allowed to. Some states don't allow it! (Or maybe particular judges -I'm not sure, but I do know that some juries aren't allowed notes during the trial.)

Really? That's interesting. In my state they not only allow it, but they provide binders for the jurors to use.

The judges encourage all jurors to be copious note takers, which worked out great for me each time I served.

I was one of the jurors who had detailed notes in every case. I'm drawn to details anyway so it was right up my alley. Lol We all referred back many times to the notes each one of us had taken.

They even allow for the jurors to take their notes home with them once its completely over or you can leave them, and the court has an employee who shreds them.

Jmo

 

[Force Ten]

Eugene Liscio

 

[asyousay]

No one can testify about these things.

Chase can testify about meeting Joey for lunch if he takes the stand but then it will be a matter of whether the jurors believe him. I wouldn't believe him based on his phone not moving off the towers nearest to his home all day. I think the evidence of the cheque written at the house that night, reproduced the next day by Chase and backdated, is strong enough for them to make up their minds about whether they believe Joey was alive at that time.

It doesn't matter in terms of a conviction where Joey was killed.

For me it does and if I on that Jury I would certainly care that the prosecution are claiming stuff that they then don’t back up.

This mans life is on the line here and I think it’s a farce that this is their case. If you are going to claim the entire family was killed in the house then prove it or dont claim that they were. If you are going to claim Joey and Chase had lunch then show the recipients. If they are going to claim that Dan was in Hawaii then show the proof of it.


Half of what I have heard is conjecture.

IMO

 

[oceanblueeyes]

The jailhouse tape and cj's testimony must be a bombshell if the prosecution feels they can rest so soon. Or at least l hope so!

They are only resting the CIC. The state will return with their rebutall. Imo

There is a long way to go before this is even close to being over.

Imo

 

[Texas Red]

I wouldn’t sum it up quite like this but it they haven’t to me proved their case here.

I am amazed that this is their evidence and they think it’s enough for a death penalty case.

As I had said here early on I think this prosecution was nothing more than a political stunt orchestrated by DA Ramos.

 

[Tortoise]

For me it does and if I on that Jury I would certainly care that the prosecution are claiming stuff that they then don’t back up.

This mans life is on the line here and I think it’s a farce that this is their case. If you are going to claim the entire family was killed in the house then prove it or dont claim that they were. If you are going to claim Joey and Chase had lunch then show the recipients. If they are going to claim that Dan was in Hawaii then show the proof of it.


Half of what I have heard is conjecture.

IMO

The prosecution isn't claiming they had lunch. That is for the defense to prove - that is his claim.

The kids were in bath towels and their bathroom mat was missing. Painters tape was in the grave. If that doesn't tell you what most likely happened since there are NO survivors then you have to use your best judgement as to where you think they were killed. Why would Chase be at the house writing a cheque at that exact time if they weren't dead or at least tied up by him?

They were murdered so why does showing it was in the house or taken alive and killed at the graveside where Chase's phone pinged change a thing in terms of his guilt?

 

[oceanblueeyes]

For me it does and if I on that Jury I would certainly care that the prosecution are claiming stuff that they then don’t back up.

This mans life is on the line here and I think it’s a farce that this is their case. If you are going to claim the entire family was killed in the house then prove it or dont claim that they were. If you are going to claim Joey and Chase had lunch then show the recipients. If they are going to claim that Dan was in Hawaii then show the proof of it.


Half of what I have heard is conjecture.

IMO

I don't think the state has entered mere conjecture. Imo, it's been compelling CE facts.

The judge would not allow in mere conjecture to come in as CE facts for the jury to weigh.

But the time is not now for them to enter more evidence.

They first need the defense witnesses to say they were killed at the grave by some else.

As for meeting him for lunch both sides already agree it happened, right? If so what's to dispute?

They need defense testimony first saying DK was not in Hawaii.

It's time for the DT to man up and support their claim with evidence of DK as the real killer. They have to place him at Joey's home in the 4th.

Imo it's on the defense to prove that assumption is really true. They are the one making those claims.

Although I imagine in the state's rebutall they will have someone testify about DK had an iron clad alibi, and how it was verified.

Maybe I've watched way too many trials for decades now. Lol. The state resting now doesnt bother me.

In fact I think it's a good strategy just like Juan Martinez rested his CIC in 17 days in the Arias death penalty trial.

Btw, at the time everyone thought JM was nuts for doing so, but of course he was extremely smart.

Jmo

 

[fridaybaker]

Why is that?

In the UK we could take notes but the note pads had to stay in the court room for the duration of the trial and then we was allowed to take them into the room where we made our verdict. It made recalling things a lot easier on all of us having the notes we had taken.

Most on the jury really wanted to take notes, but it was strictly verboten. IIRC, the reason given was that the attorney's often felt that the jurors weren't really paying attention to what was being presented when engrossed in note-taking.

I'm on the fence about it: I do think that note-taking can lead to one simply writing everything down, rather than paying strict attention to every facet presented, especially since you can always ask for transcripts and exhibits during deliberation. If you know that you can't take notes, I think your mind becomes focused like a laser-beam on what is going on in the courtroom. Except, maybe not for six months.....

 

[missy1974]

#McStay - Prosecution disclosed a new witness late last night. Eugene Liscio @Forensics3D . FARO scan testimony. Imes: he's not available until March 12. Judge may consider allowing state to rest and reopen with him later. No ruling on if this testimony will be allowed.

Ok wait... What happened to Dr. Rudin????

 

[missy1974]

The judge explained it a little bit. I would have to listen again, but essentially he explained that Rudin did not put in his report, the nuts and bolts needed to support his ability to make certain claims, etc. And the defense had some issues with it. And the Prosecution then came up with another expert in same field who has a stronger history of doing trials and explaining his computations and results?

That is interesting...

 

[Force Ten]

For me it does and if I on that Jury I would certainly care that the prosecution are claiming stuff that they then don’t back up.

This mans life is on the line here and I think it’s a farce that this is their case. If you are going to claim the entire family was killed in the house then prove it or dont claim that they were. If you are going to claim Joey and Chase had lunch then show the recipients. If they are going to claim that Dan was in Hawaii then show the proof of it.


Half of what I have heard is conjecture.

IMO

BBM. Think about it though. There's need for Dan or the Pros to provide proof of this. There is not one single piece that ties Dan to these murders or disappearance. All the evidence so far points to Chase Merritt either being involved or at least having knowledge that the family was permanently gone. All there is of Dan is that he requested money out of PayPal.

Even if Dan never stepped foot on a plane to Hawaii, what does it prove?

 

[Texas Red]

Ok wait... What happened to Dr. Rudin????

He rode off on the pony.

 

[fridaybaker]

Really? That's interesting. In my state they not only allow it, but they provide binders for the jurors to use.

The judges encourage all jurors to be copious note takers, which worked out great for me each time I served.

I was one of the jurors who had detailed notes in every case. I'm drawn to details anyway so it was right up my alley. Lol We all referred back many times to the notes each one of us had taken.

They even allow for the jurors to take their notes home with them once its completely over or you can leave them, and the court has an employee who shreds them.

Jmo

Ocean, interesting how different things are in different places! I can't believe the jurors were allowed to take their notes home with them. In my experience, jurors were allowed to take notes during deliberation, but the notepads and pencils were provided by the court and these were confiscated each time we left the room, even for lunch. At the end of the trial, they were again confiscated, and we were told they would be destroyed. (Not that I believe that! I have no reason not to, but no reason to believe it, either.)

I'm also amazed that some states allow photos of the victims. NY doesn't allow any photo of the victim except those submitted as evidence, and then only in an evidence capacity. In my case, we never saw his face, or presented in any humane way -simply the backside of him, lying dead, covered in vomit. It's so biased. There the defendant sits, day after day, dressed in his best, "humanizing himself" before the jury, while the victim is a faceless, body-less entity. Often a mere concept.