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

[Bernina]

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.

The jury isn't discussing the testimony, listening to commentary, or hearing rulings and evidence outside of their attendance. They're not delving into anyone's backgrounds or looking at search warrants.
I *think* the prosecution has laid a foundation, they will build on it with the Defense's witnesses in cross, and their rebuttal case. One would think...

 

[citygirl]

He rode off on the pony.

 

[JMarsh]

He rode off on the pony.

He's one of those wacky braniacs who gets lost going home on a regular basis, I think. Maybe they were afraid he wouldn't be able to find the courthouse again.

 

[geevee]

But most of what you are pointing to has been debunked.

What actual proof is there that Chase was fabricating anything?

The actions on the Quickbooks are likely innocent. Chase never entered any other bank account in any other way.

And if money is the motive, Dan K apparently walked away with 250K. That's a lot more motive than 20K Chase might have paid to himself because he was actually owed that amount.

I would refute what is above but there's been plenty of testimony to the contrary, and the notion that CM "paid to himself because he was actually owed that amount" is an astounding way to look at theft and forgery.

 

[JMarsh]

I would refute what is above but there's been plenty of testimony to the contrary, and the notion that CM "paid to himself because he was actually owed that amount" is an astounding way to look at theft and forgery.

Certainly. But has theft and forgery been proven?

 

[JMarsh]

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.

I'm not so sure there is a case for a civil judgment here. There might be. But based on what?

 

[citygirl]

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.

In this case they did allow one family photo but only one, I think. Can you imagine if they were allowed to play some of Joseph's videos? Like when they first saw the house? And the little guy making espresso for his mother?
Tear jerkers.

 

[Recidivist]

There are a lot of indications that Chase was involved with his kids. This doesn't mean that he was the perfect dad, but I do think that his daughter-who has been interviewed about her father-is one indicator. She is rock solid as to his innocence, and is clearly devoted. But in addition Chase does have a long record of financial problems, and no where in there is any type of failure to meet his financial burden as a father. It could be that Cathy Jarvis made the decision not to pursue money when she knew he couldn't afford to pay, but in the search warrant there is a mention of their relationship and that Chase over the years visited her and the kids.

McStayFamilyMurders: The Trial: 10/21/14 SBSW 14-1594 CJ Residence

If you only read what confirms a belief you already have, you might miss facts that point in another direction.

I haven't seen any indications that Chase was either involved, or fulfilled any of his parenting obligations.

Why is it that Chase wouldn't be able to afford any child support?

 

[Texas Red]

Oh come on...how do you explain the backdated and deleted checks, forged and cashed by the defendant?

It looks like he’s a thief, and I would say he’d be convicted of theft if that’s what he was charged with. However, he happens to be charged with the bloody, brutal murder of 4 individuals, with not one molecule of DNA, from hair, blood or a other trace evidence linking him to the killings. IMO, it would have been impossible for CM to have committed these murders without leaving any trace of evidence. Instead of presenting forensic evidence linking CM to the murders, we’ve heard a weeks worth of character assassination against CM because he’s obviously a habitual gambler, but nothing connecting him to the murders. This trial should be shown to law students as an example of how not to present a prosecution.

 

[citygirl]

It looks like he’s a thief, and I would say he’d be convicted of theft if that’s what he was charged with. However, he happens to be charged with the bloody, brutal murder of 4 individuals, with not one molecule of DNA, from hair, blood or any other trace evidence linking him to the killings. IMO, it would have been impossible for CM to have committed these murders without leaving any trace of evidence. Instead of presenting forensic evidence linking CM to the murders, we’ve heard a weeks worth of character assassination against CM because he’s obviously a habitual gambler, but nothing connecting him to the murders. This trial should be shown to law students as an example of how not to present a prosecution.

How do you account for the back dated checks? Especially from Feb. 4th?

 

[Texas Red]

I'm not so sure there is a case for a civil judgment here. There might be. But based on what?

Malicious Prosecution would be a good start.

 

[Bernina]

There are a lot of indications that Chase was involved with his kids. This doesn't mean that he was the perfect dad, but I do think that his daughter-who has been interviewed about her father-is one indicator. She is rock solid as to his innocence, and is clearly devoted. But in addition Chase does have a long record of financial problems, and no where in there is any type of failure to meet his financial burden as a father. It could be that Cathy Jarvis made the decision not to pursue money when she knew he couldn't afford to pay, but in the search warrant there is a mention of their relationship and that Chase over the years visited her and the kids.

McStayFamilyMurders: The Trial: 10/21/14 SBSW 14-1594 CJ Residence

If you only read what confirms a belief you already have, you might miss facts that point in another direction.

Are you referencing this? IMO, that doesn't amount to a hill of beans.

 

[mrjitty]

Ah it's as crappy as normal. I flicked over to one of L&Cs other trials yesterday just to see the quality of the live feed and it was just as bad. I think it's their equipment that isn't up to the task.

There is no real excuse for this level of production

 

[JMarsh]

Malicious Prosecution would be a good start.

Was it malicious. Or did they just get it wrong?

One of the requirements for a claim of malicious prosecution (just looked it up) is that there was no probable cause for the prosecution.

Not sure that there was no probable cause here.

 

[mrjitty]

Summer Mcstay is a victim. She's dead, at the hands of a murder. Do you want to talk about being unhinged?

Chase Merritt is on trial for her murder.

Let's discuss that.

I thought this was a victim friendly forum

Amazing how often the murdered woman and mother gets blamed

 

[mrjitty]

Malicious Prosecution would be a good start.

Oh come on

I did a paper on this at law school - you are dreaming if you think the defence can make out an action

 

[mrjitty]

I just don't understand how anyone could say that Chase was an engaged, involved parent. He was a thief and an irresponsible, deceitful man. He stole from many people--including his own children. He gambled away the money and the time that should have been going to his children. They ended up living in a busted down RV with their mother, in the high desert. And this man was making over 150 k a year at one time, and his children ended up penniless.

Just another tragedy of non traditional accounting

 

[Tortoise]

in the search warrant there is a mention of their relationship and that Chase over the years visited her and the kids.

rsbm

Sounds like he may have had a need to keep her sweet.

 

[Texas Red]

How do you account for the back dated checks? Especially from Feb. 4th?

That was the last day he saw JM in person. CM figures If JM files charges against him for theft he can contend that JM gave him the checks or created them when they met in RC, on Feb. 4th, creating a plausible deniability defense for CM.

 

[Force Ten]

But most of what you are pointing to has been debunked.

What actual proof is there that Chase was fabricating anything?

The actions on the Quickbooks are likely innocent. Chase never entered any other bank account in any other way.

And if money is the motive, Dan K apparently walked away with 250K. That's a lot more motive than 20K Chase might have paid to himself because he was actually owed that amount.

LOL!! So Chase writes himself $20k spread over multiple checks coincidently starting on the day of the disappearance and the rest backdated because it's owed to him?

But he has nothing to do with the disappearance.