McStay Family Murdered: Will Desert Graves Yield Their Killers?
Deserted in the Desert
Gianni Family Photo
Gianni Martelli McStay had rock star hair at only 4years old. His little brother Joseph, affectionately nicknamed Chubba- did as well. They both rocked a beanie like no other little dudes.
Chubba Family Photo
Gianni and Chubba were as inseparable in life as they were in death when they were recovered in a shallow grave in the Mojave Desert on November 11.
Their parents, Joseph, 40 and Summer McStay, 43, were located in a separate grave nearby.
A 3rd gravesite was found-but empty. A protected source not authorized to speak to the media has confirmed that at least one of the parent’s remains was bound by an electrical cord.
While formal DNA comparisons and autopsy protocols are pending, the manner of death in all four victims have been declared homicides.
Just about 50 yards off the intersection of Route 15 and Quarry Rd the family that San Diego County Sheriff’s Department (SDCSD) believed was “likely” voluntarily missing on their own and living in Mexico, was recovered in a 30 hour excavation process. An off road motorcycle enthusiast called the San Bernardino County Sheriff when he came across what he suspected was human remains.
Last April SDCSD forwarded the McStay case to the FBI based on their conclusions that the McStay’s had McGone to Mexico, following a lengthy complaint of their handling of the case by Patrick McStay, Joseph’s Father. Troy Dugal, previous lead investigator of the McStay case, appeared on several news and cable television programs over the last three years explaining there was “overwhelming” circumstantial evidence the family of four that was pictured crossing the border into Tijuana, Mexico the evening of February 8th, 2010 was in fact, the McStays.
Following the recovery, San Bernardino County Sheriff’s Office will maintain jurisdiction of the investigation.
Frenemies.. Frenethieves.. Friends.. Family or Cartel?
Who brutally murders innocent children and dumps them in a hole they dug in the desert?
Logically- someone who is very familiar with the area. Of course it is just as shocking and horrific to murder anyone, but it takes a specific brand of evil to murder a baby. Make that two.
There is absolutely no evidence whatsoever that either Joseph or Summer McStay had any ties to drugs, associates with ties to drugs or cartel, at any time. None.
Contrary to a top selling book on the case, “No Goodbyes” by Rick Baker, there has never been any evidence whatsoever that Summer McStay was some sort of closeted psychotic and homicidal type. The book goes on to malign members of both Joseph and Summer’s families and in some cases outright accuses same of extortion or stealing. Baker’s subsequent public theory is that Summer murdered Joseph and everyone should be looking for her and the boys in Mexico.
Not surprisingly , Baker has requested Amazon pull his book from available stock and has offered refunds to prior purchases. Popular online sleuth sites previously promoting “No Goodbye’s” have since either deleted it’s hundreds of posts endorsing Baker, or moved them to a member’s only private viewing area.
Albeit obtusely, Baker does touch on a troubling and serious abuse allegation concerning Joseph McStay’s oldest son from his first marriage, Jonah, and his step-father, Michael McFadden. He writes summer filed a complaint with Child Protective Services after she and Joseph recorded a conversation with Jonah and placed a copy of same with a private party for safekeeping. Blinkoncrime.com has been able to independently verify that is accurate, but that the investigation was not known to be completed until shortly after the McStay’s disappearance. Under California probate law, Jonah would be an heir to the McStay estate or as otherwise provisioned in the instance of an existing will.
Interviewed by Laura Ling for E! Investigation, Joseph McStay’s web administrator Dan Kavanaugh claims he was the first to become concerned. In Baker’s book, he refers to him as a suspect and details how he alleges he was funneling cash from McStay’s business account before he or anyone else knew the family was missing. Kavanaugh has an unrelated open criminal matter in San Diego County according to court records.
Chase Merritt- Joseph McStay’s business partner in his water fountain design and installation business was the last number ever dialed from his phone at 8:28PM on February 4th. Merritt joined McStay in a lunch meeting earlier that afternoon where they discussed a proposal for a very large car wash chain to feature custom fountains in each facility. According to family friend MacCargar McGyver, McStay was very excited about the opportunity. Merritt claims he passed a voluntary lie detector test, and that he was adamant that Joseph McStay would never have taken his family to Mexico and has always believed they met with foul play.
McGYver spent several days leading up to February 4th at the McStay home due to a painter Summer hired not returning to complete the job. McGyver introduced Summer and Joseph and by all accounts was a close confidant of the couple.
Patrick McStay, Joseph’s Father living in Texas has had some harsh words for the investigation into the disappearance of his son, daughter in law and grandsons.
“…most botched, inept investigation I’ve ever seen in my entire life.”
He also believes very strongly that the list of suspects with motive to kill his family members is very short. Three, to be exact.
He said the department didn’t even bother to contact him to tell him his son’s remains had been found.
“I got a message from someone [on Thursday] on Facebook telling me to go and read an article,” McStay said. “The minute I read the article, I knew it was him.”
“I have exhausted and have so much information on three possible persons of interest. All have a motive.”
The three individuals are not connected to each other, but all of them seem like likely candidates. Patrick says one of them seems to be a particularly likely suspect: he’s a wealthy man with a long rap sheet that includes charges of attempted murder, assault with a deadly weapon and burglary. McStay says he, too, has a motive for killing his son.
Although Mr. McStay did not reference him by name, he may be referring to Michael James McFadden, who was arrested in July 1998 and charged with attempted murder and a litany of other felonies including great bodily harm to a child:
459/460(a) PC – Burglary 07/16/1998 02/25/2000 Dismissed
422 PC – Assault 07/16/1998 02/25/2000 Dismissed
273.5(a) PC – Domestic Violence 07/16/1998 02/25/2000 Dismissed
12022.7(d) PC – Infliction of great bodily injury on a child under the age of five … 07/16/1998 02/25/2000 Dismissed
422 PC – Assault 07/16/1999 02/25/2000 Dismissed
240 PC – Attempt to inflict violent force on another person. 07/16/1999 02/25/2000 Dismissed
245(a)(1) PC – Assault with a deadly weapon other than a firearm 07/16/1998 01/18/2000 Pled Guilty
12022.7(d) PC – Infliction of great bodily injury on a child under the age of five… 07/16/1998 02/25/2000 Dismissed
422 PC – Criminal Terrorist Threat 07/16/1999 01/18/2000 Pled Guilty
664-187 PC – Attempted Murder 07/16/1998 02/25/2000 Dismissed
You will note some of the charges are from 1998, others 1999 on the anniversary date, McFadden successfully negotiated a plea agreement and only pled to criminal terroristic threats and assault with a deadly weapon other than a firearm. Both felonies.
In the complaint he lodged against the detectives in SDCSD, Patrick McStay specifically references failure to interview key suspects he provided to LE directly.
Given the location of the bodies, it would seem that whoever is responsible would at least want investigators to think McFadden was involved. As a self-proclaimed mountain bike “racer”, McFadden has participated in several bike events in various locations all along the Route 15 Mojave corridor. SBCSO says they will be re-interviewing everyone in the case and have no suspects.
There have been no named suspects to date and the investigation is ongoing. Memorial or Funeral arrangements for the McStay’s have not yet been announced . LATE EDIT: The family and friends of the McStay family will gather at the grave site in Victorville, on Joseph’s McStay’s birthday.
To be continued in Part 2: Analysis of the last day of their lives points to involvement by someone they knew.
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is Chase repping bimself?
if so, is that due to poverty or
mental illness?
Blink, with Chase representing himself he would get to see all the documentation they have against him right. Was the same true when he had a lawyer, or would a lawyer only show him certain paperwork on occasion and this way he gets possession of it all?
It is no different whatsoever, with the exception that he will have appointed counsel as well, regardless, and they would likely be in receipt ( as a practical matter) of all the discovery and meet with him to review and advise. They would not have the capacity to withhold anything from him, nor would retained counsel.
B
@Blink, Audie. Representing self with co-appointed Counsel has the flavor–mild or strong idk–of a paranoid thought style. Could be situational or chronic; could be due fo mental illness, or innocence in a concrete or uneducated thinker.
Baker (imo a parasite) advertised for 1 or more pro bono lic PIs to cull internet whatever to support a new book, proceeds to charity natch, focus on Mike & family system “grifters,” changeable focus, he says, based on progression of Chase’ prosecution.
I can tell you what else it is- it frees him up for lawyers looking to take such a case to contact him directly- jus sayin’
B
BOC, sorry if this is a stupid question, but if do lawyers generally want to do a good job because their reputations are on the line?
Whereas if Chase represents himself, maybe he feels defeated, given up hope, feels what the heck, playing the martyr.
Or could it be really doesn’t think he has long to live, or really is guilty?
http://www.cbsnews.com/news/search-warrants-unsealed-in-mcstay-murder-case/
Hi B ~ Why do you suppose Merritt wants to represent himself? Do you think he’ll retain counsel at some point or is this part of his ego? Thanks Blink!
I think he is interviewing lawyers for private retention.
B
A word about the Blogger Who Isn’t Named.
going to his blog for a rare visit, I see he is
attacking posters on this site for defamation or whatever.
Personally I resent being lumped in with the likes of WS & JQ.
But iirc, you long ago made known that commenting on his writings here was
unwelcome & a timewaster. So I don’t get how he thinks anyone
is discussing him here. I will offer one adjectival description about
his writing I glanced at just now–my impression as a reader:
highly grandiose.
Oh, I see I did call him a parasite. Well, that is a good oldfashioned
adjectival description of his relation to the McStays.
The irony. He Who Will Not Be Named blogs a diatribe against anonymous posters on other sites, identifying them.
Followed immediately by 191 largely “anonymous” comments on his own blog.
Neurotaffy. I LOVE it!
Blink: RB has been claiming to have inside knowledge about the case to include evidence. He’s also speculating that others will be arrested. Have you also heard about additional arrests and do you think he really has an “insider”? Can’t wait for the evidence to come out so we hear more from you. I miss your posts and comments.
My best advice to you ( didn’t I give you this already? lol) is to not read that tripe.
As my Mother would say- I would not believe a word he said if he told me water was wet.
B
Not sure if the info posted here about Patrick Maloy has been corrected or not. I have looked but did not find it, just to let you know that the Patrick Maloy on your Dec 22. 2013 is not the right Patrick Maloy. Patrick still lives with his mom in San Diego and is only 28 it is the same one who has or had a girlfriend Gina Baca but he is not 50 something and has never lived in Oklahoma. I went down that rabbit hole that is how I know ..LOL Wish I could get those hours back.
RB is getting pretty weird if you ask me. I never took his post as anything but fiction but it is going off the rails lately. but I still go to his blog for nothing else but to engage with other commenters who like myself have a healthy interest in this unsolved v interesting murder case . I loved coming here every night after work it was my go to ..but like everything it came to an end but I still miss reading your thoughts and others comments. YAK even though when I gave my 2 cents once about Summer and her real estate license I was crucified
Killing 4 people, blunt force will leave blood evidence. Painting a crime scene does not cover all evidence of blood. I do not think they were killed at home. No way! (of course I’m assuming that the home would have been checked–eyeballed and chemical application to the home and drains)for blood.
Marie you might be assuming too much. I don’t think they did anything beyond “eyeballing” the scene and thereby dropped the ball in a big way.
Blink why would officials not state motive, is it because it would be unfair to Chase’s right to a fair trial?
Legally speaking, prosecutors are not required to prove motive, but even if they know ( I believe they have a theory) they are not likely to reveal that publicly until they present their case in chief or in the varying pre-trial hearings. They do not want to be accused of polluting a jury pool.
B
Is it true that the Prosecution could have proceeded without Chase having his case file?
No, it is being reset.
B
They couldn’t have been killed like that in the house, right? So where’s the murder scene? Or am I misunderstanding what the house looked like when they did the walk-through afterward?
http://www.cnn.com/2015/06/15/us/mcstay-family-killing-preliminary-hearing/index.html
Not just that but they don’t place Merritt in Victorville until the 6th. Where is someone hiding 4 murder victims with those injuries for 2 days?
B
What do you make of reports now saying that the 8:28 p.m. call from Joseph’s phone to Chase never existed, that it was just made up by Chase in the first place, Chase who changed his story on that call many times?
What reports?
B
As to why there was not a lot of blood? I think he pulled the futon over each victim one at a time to prevent blood spatter. I think he incapacitated Joey and slugged Summer in the jaw (broken jaw) possibly with the sledge hammer until both parents were incapacitated. The kids would have been easy targets, I think. What makes me think this is the fact that Joey’s upper body was inside the futon cover. He was probably killed last.
As far as the bodies go, I think they stayed in his garage until Saturday morning when he was ready to bury them.
I feel like they have arrested the murderer, but something bothers me that I hope is bothering the prosecution, because I know the defense will jump on it. How did Merritt drive two vehicles all over California? Blink?
Jim- welcome to BOC.
I respectfully disagree with your scenario as a possible explanation for an entire void of blood evidence at the alleged scene. If we discuss “evidence based” practice- I cannot find a single case in either state or Fed database that would have a similar finding. That is not say the exception cannot sometimes be the rule- it can, but until I see at the very least autopsy protocols, I continue to be firm in my opinion that all 4 murders did not take place at the residence.
B
Remember, his phone was off for periods of time on the 5th. Didn’t he have a rented warehouse space in RC at that time?
Are you referring to Merritt or Joey? Joey had warehouse space ( not in RC) and Joey’s subcontractors had what I would call “storage space” in a handful of locations.
B
I was referring to Merritt. Didn’t he rent a space in RC?
He had one, and as I understand it access to Joey’s.
B
Thanks, I thought so.
Having read your opinion on the crime scene being the home, id like to know if you think the following is at all plausable;
Joseph is unexpectedly physically attacked while heatedly arguing with his killer, sustaining the non life threatning wounds to the ribs and leg, and ultimatly is subdued where his attacker then begins banging the back of his head on the floor (perhaps garage) and in an attempt to strangle him, ties a cord around Josephs neck.
The comotion brings Summer to the scene where she is vicsiously physically attacked (chase merrit despised her and she appears to have taken the worst initial non life threatening beating). She is then also thrown to the floor and has her head banged on floor until unconscious.
The murders are completed in the bathtub or another controlled enviroment using a small sledge that was used for closing paint cans.
Killer leaves in a hurry, leaving a grisly crime scene behind and heads home.
Next morning after several calls to victim in an attempt to establish if the scene has been discovered the killer realises they have an oppertunity for a cleanup/coverup.
killer spends the 5th cleaning the house, and wrapping/loading bodies.
killer feeds/waters animals and heads home.
killer burries bodies on the night of the 6th finishing on the morning of the 7th.
Killer goes back to victims home on the 7th to finalize some details, paint, etc, then drives victims vehicle to border and stages it the morning of the 8th. The Killers phone, having been off all day on the 7th and 8th finally pinges at 1:30pm in corona on his way home to RC as he turns it back on.
killer calls victims dad and brother on 8th knowing he is ready, and ultimatly meets victims brother at victims house on 13th.
maybe not exact, but plausible?
…one thing that continues to puzzle me is the end of the extension cord that was cut off and tossed at the grave site. The prosecution made a point to mention that fact, I cant help but wonder its signifigance, any thoughts?
Thanks for any response blink
Not sure what you are referring to as so far I have seen no clear nor convincing evidence these murders occurred in the home.
B
What about the fouton cover being tied over the cord found on Josephs neck?
Seems like a long shot that the cover would have been taken to a crime scene away from the home then wrapped over the body before being placed in the grave dont you think?
lc- respectfully- I do ask that posters new to a thread read earlier responses- I have addressed this issue as I have the fact that for now I do not believe all of the murders, possibly NONE of them, occurred in the home. There is no confirmation that was the fouton cover. It might have been, and Joey was driving the trooper with several sheets covering child toys- it is not out of the realm that the cover or something similar was inside the trooper when Joey met Merritt for lunch. I don’t think there is enough confirmed evidence at this point to posit theory as much as the void of evidence does-
B
Fair enough. I respect your opinion and if you feel that strongly i will certainly take that into account.
Only thing I will say is I do believe much of the void was created by shoddy police work by the SDSD and the passing of 5yrs.
In your experience is it too late after all this passed time and remodeling in the home to perform luminol detection?
Cheers
PS. I have read your blog for many years but will be sure to refresh the threads before posting.
There are many newer and sophisticated methods to detect potential bio evidence, and the intimation I infer from the warrants and prelim transcript is that nothing conclusive was found. The only thing removed from the home was a piece of carpet and DNA swab samples from the stairs under the 2014 warrant- and Ramos was quite specific the lack of “crime scene” ( my words) was going to be an affirmative defense.
The assertion that the ground floors have been replaced is not admissible as evidence of a murder cover-up.
B
Ms. Stoy, I found your blog after your presentation at Harvard X. I was shocked at the amount of content and how many cases you have covered as you only profiled the Anthony and the McStay cases in Jury X. I am now following the McStay case thanks to you. I found out my wife is in a private FB group discussing it but don’t have the time or the water cooler netiquette. Is it ok if I post my questions after reading this thread?
Donovan!!! Nice to see you and how are you? Welcome to BOC!
Professor Nesson was someone I feel like I may never see/experience again. Absolutely would love your participation in the discussion.
On a personal note, in class full of practicing attorneys from all areas- you made this analyst and non-lawyer feel contributory, thank you.
Please fire away on any questions. (This thread is McStay)
B
Thanks Blink! Interesting Moniker, btw. After reading up and getting the Mrs. FB group feedback (she says you are on them so if this is repeat ok to skip) Here are my preliminary questions on The People of the State of California v Charles R. Merritt:
1. You seem pretty adamant that Joseph McStay may have been killed at or near the storage facility. Can you summarize your theory on this? Let’s suppose that you are correct. Given what you have seen in terms of publicly disclosed information, the hearing transcripts to date and your own resources how would you see that affecting either sides pre trial prep?
2. You contrasted the cases in class from a mainstream and social media perspective. I think it is a fair assessment to say that the litigators in our group were floored when you introduced that aspect to the deliberations. How do you anticipate that affecting this trial?
3. As I understand your bio and experience you are particularly versed in forensic analysis of evidence and overall criminal investigations. My question is in your analysis what is the strongest evidence of guilt of this defendant and how do you anticipate he will mount his defense accordingly?
Donovan- if it’s ok with you my format in general is I allow posters to weigh in as well, so I am going to post this without my responses first and see if anyone wants to address and then I will respond. Great questions!
B
Great succinct Qs.
Looking forward to BOC answers.
May require a new piece?
In the meantime, I hope this Harvard X class
participant scopes out the Horman case.
I certainly owe a response and I will. I also “cop” to the contemplation that such a response may be worthy of a stand alone piece in McStay. #ruminating. Such is my crutch- any journalistic endeavor while attempting an outcome has its, well, crutches.
B
What a coincidence that an individual (Steven D. Geisler) who was affiliated with Western Construction Auctions, (which is a huge auction house in Perris, California and which likely handled Merritt’s repossessed truck when it was sent to auction); Anyway Steven Geisler’s truck was found about six miles from the area that Chase Merritt lived in in Rancho Cucamonga. Recall that Steven Geisler disappears from town of Phelan, California on May 10, 2013, same time as Chase’s disappearing act.
Phelan is on the north side of the San Gabriels while Rancho Cuco is on the southside of the mountain. Per the preliminary hearing, Det. Edward Bachman states that Chase Merritt’s truck (at the time of the McStay family’s disappearance) was repossessed, and that the detective believes that it went to an auction company out of, Perris, California. WOW! WCA is in Perris, CA.
a sexual sadist was involved? why easn’t his dna recovered?
https://mcstayfamilymurdersthetrial.com/people-v-merritt-court-schedule/
Not to my knowledge Rose- a sexual sadist is a very specific and “complex” offender profile. That said, you pick up on an element of this crime that (once again) that is worthy of further scrutiny.
Bottom line- you cannot use the absence of evidence to convict someone of an aggravated quadruple homicide. Now you have a jurisdiction with enhanced prosecutorial misconduct standard. This Judge reminds me very much of The Honorable Derek Pullan (4th circuit, Utah). Judge Pullan presided over the Martin Macneill trial. It was by far the BEST criminal due process lawyering I have ever seen (both sides) whether I agreed with it or not (for the record, I 100% believe Gypsy Willis was involved at the very least after the fact).
As an example, Merritt’s defense just received a TRO to stop the sheriffs dept from removing his files from his cell. Because he is not pro per- the jail rule only allows one accordion binder as opposed to 3. Why are they messing with this guy at the corrections level? Judge ruled for him, but the bigger question for me would be why does this seem to coincide with new discovery/subpoena returns? Is someone interested in what is in his files at the corrections level?
B
i mean her bra was cut off & her pants and panties
pulled off together. You’d think touch dna would be on something.
I have not seen the forensics reports Rose, but in that environment it would not surprise me- the elements erode DNA or any bio samples faster than anything. There is some merit to that climate producing mummification conditions that might preserve same, but definitely not in this case. That said, reminder that there is not a scintilla of evidence from the house that ANYONE has tortured or killed, or apprehended or any other presumed heinous occurrence.
Not a scintilla of evidence that Merritt’s vehicle transported 4 brutally murdered individuals and the very gorey bio material which would accompany that- I would offer there is evidence it was definitely not Merritt’s work truck that backed into those clandestine grave sites.
The graves are the strongest crime scene, that is up to and until the State has discovered and disclosed any others.
B
B
interesting, Vang.
Just googled mcstay trial. A certain Patrick McStay has a FB site “Bring the MsStayFamilyHome” wherein he says this is the Father & solicits $ to his gofundme for a 3 mo apt rental in San Bern. @ $2000/mo + more for furniture rental. Why doesn’t he use AirBnB or RedRoofInn like the rest of us? imo a grifter.
It is Mr. McStay. I was under the impression that he self published a book to cover extended stay costs for the trial- if he is to be called a witness the State covers his cost of travel and stay during testimony. Usually there are victim rights non profits and other types of assistance so I am not at all sure what this is about, except to say I guess he won’t be able to stay with his on or grandson? I do know from media sources that they declined to provide an honorarium (floabw) to cover his stay at his request, so this may be his only option. I had hopes that he might work things out with Mike.
B
where is the trial?
Trial should be coming up soon.
10/19/18 Hearing for Motion to Suppress
10/26/18 Trial Readiness Hearing
10/29/18 Jury Selection begins
Thank you Alli. I have been keeping close tabs- I have to say, I’ll believe it when I see it because I think Judge Smith may very well rule in favor of the defense motion re the quickbooks issue as “unable to authenticate” there’s no other reason to hold that ruling I can think of. I wish Matt Murphy was trying this case. Jus’ sayin.
B
Blink, if Judge Smith rules in favor of the motion, then is there still a case? The meat of the DA’s case is based on the QB info.
I think it really depends on how much “territory” a Judge will allow a possible QB expert to testify (potentially).
I am not sure if the pros (or def) is prepared to get into the verification of say, the online version and interface because I don’t know if Joey used that option and if he did if its relevant to the “authentication” overall. As I understand the case, the allegation has Merritt using equipment in Joey’s residence at a time where his phone does not put him there ( I mention this to show there is no corroboration) that is linked to the QB account. That said, Judges have a way of weighting evidence for both sides- if the QB is suppressed- what fruit of that particular tree goes with it that the defense may want jurors to hear? In particular, I can see how Raj Meline would be keen to have the surveillance of any trips he made to casinos and his dealings and associates he came into contact with there.
I agree with you that (like it or not, improper or proper) the strength of the prosecutions case is heavily weighted by the QB evidence. There is not a scintilla of evidence that any of the victims were killed in that house because they weren’t. I am far more concerned about that void of evidence for a jury in this case than I am any other single issue. The other fly in a very crowded ointment is the allegation that for years it was the McStay SUV seen leaving the residence- right? Enter Merritt indictment and now its his work truck “backed into the garage”. Here’s the problem. If that’s true, it also means that Joey never made it home or it would also be on the neighbors cam. You can’t have it both ways.
Judge Smith is pretty solid in his track record on what the court believes are or are not issues for a jury to decide. In legal terms- no juror should ever be put in a position to “think like an expert”- which means the evidence has to be admissible to a reasonable standard. Chase is not even charged with theft of the funds the DA alleges the QB evidence shows. I am not clear on why that is to this day. I know that multiple members of Joey’s family are on public record (in some cases multiple times) saying that Chase completed pending work and stayed on as a paid employee. They assumed the business transactions for a time and had access to the linked account and never filed any sort of charges either.
A contemporary example as far as admissible evidence allowed by a Judge that changed the trial outcome completely is Bill Cosby’s second trial. His first trial having ended in a mistrial at the helm of Brian MacMonagle was largely due to the fact that the civil settlement of Andrea Constand (and therefore transcript) was not allowed in and only one other alleged victim was permitted to testify. In the second trial (also with Judge O’Neill) with his defense now at the hands of Tom Mesereau et al when he allowed the civil suit info and multiple witnesses in, he ALSO allowed what we refer to as impeachment testimony and evidence which allowed jurors to interpret (by not interpreting) all sides of the evidence as submitted.
Sorry for the comprehensive response- can you tell I’m concerned? I am.
Lastly- an admission of something that as a trained investigator (FBI protocol Hazelwood, Douglas, Smerick, Burgess) stayed with me the moment I heard it and was the single reason I could not understand why, when I began reviewing the case at the request of a family member(s) I could not reconcile why it seemed everyone I interviewed was so adamant Chase was NOT involved. In an interview Merritt gave, he stated that Joey had bad allergies and therefore he kept the window cracked for fresh air.
Unequivocally I knew that was a lie he made up to explain his knowledge. People with bad allergies never open windows but rely on their air system to filter those allergens. In my experience, one lie means multiple lies. In my view there is really no question he knew they were all dead- which can only mean he was complicit in some way. Maybe that will be enough proof for a jury to convict him of a quadruple homicide to include babies.
B
Blink, thank you for your very detailed response to my question. I’m concerned, too. Things just don’t add up and there are many holes in the prosecutor’s case.
Thank you Alli- not sure if you were aware of last years corruption trial outcome- 8 years in the making… I cannot underscore enough that in this state in particular, and more crucially in front of this Judge, if the Prosecution shows up with what they had at pre trial (they are on the record that all discovery was provided) I am concerned Merritt walks. And if that happens, it also eviscerates any leverage they had to bring justice to others involved. Not even some members of Joey’s family believes he acted alone, so how does one expect to convince 12 reasonable people who undoubtedly are already peaved at the MILLIONS that were spent on the corruption mess ended up a court farce?
https://www.sbsun.com/2017/09/22/all-charges-dismissed-against-colonies-defendant-jim-erwin/
B
Yes I’m very familiar with the outcome of the Colony Case. A big loser for Ramos and the prosecution team. As you said, the same judge is hearing Merritt’s case. Maline was Erwin’s defense attorney. Maline is very familiar with how this judge runs his courtroom. The pre-Trial discovery was full of holes even to a person like myself, who is clueless about criminal trials and evidence. There better be some more convincing evidence presented or I fear Chase will walk.
You have very articulately stated what I have been inundated with privately for years. I will cite the recent mistrial (second) in the murder of Jessica Chambers. Jurors know non evidence when they hear it- IF they hear it, and this is a quadruple murder trial with aggravators of a guy at the very least shows him to be elsewhere in just about every level of this crime’s theory. So much so that (nobody will admit this) one of the cell providers did not want to be held to an analysts interpretation of their records.
I will say this again, emphatically to whomever may read here that it matters “to”… Make Merritt proffer what he knows in exchange for limited immunity and get yourself a case that will provide justice (to the extent it ever can) for these victims and their families.
B
I still can’t help but wonder if there was a drug and or cartel angle to these murders. Chase would know. As you said, Blink, knowledge of the crime in exchange for limited immunity is probably the best justice for a weak case.
Finally, the trial is starting!
October 29, 2018
Four years after arrest, jury screening starts in trial of man accused in McStay family murder case
Five years after a long missing Fallbrook family was found dead — beaten and buried in desert graves — screening began Monday for potential jurors in a murder trial for the man accused of killing them.
[...]
Jury selection starts with a couple of hundred potential jurors coming into the courthouse each work day over the next two weeks to go through the application screening process until a panel is seated.
The lawyers are not expected to give their opening statements until January. The trial, including deliberations, may last an estimated four to six months.
http://www.sandiegouniontribune.com/news/courts/sd-me-mcstay-jury-20181029-story.html
Things are moving along with the trial. Opening statements are scheduled to begin on Jan. 7th.
Defense attorney claims another business associate of Joseph McStay was complicit in killing family
https://www.sbsun.com/2018/11/29/defense-attorney-claims-another-business-associate-of-joseph-mcstays-was-complicit-in-familys-killings/amp/?__twitter_impression=true
Alli- I am not seeing yet where Judge Smith ruled on the suppression motion heard last May (I think)?
On the motion re Kavannaugh- that went exactly as defense intended/wanted. It’s about context when providing SOD defense strategy. Telling a jury Kavannaugh “stole” $13K from Joey’s EIP account and then some of those funds were paid out to Merritt in the course of executing deliverables will impart the right message to a jury- and frankly, I have zero doubt that through his testimony Kavannaugh will open the door to that foundation/predicate in the first place. The prosecution will object, the jury will have to be excused and it will look to them like the prosecution is trying to hide something inculpatory on DK- the court is not going to surprise counsel in this case- Judge Smith is about as textbook and predictable as a criminal trial judge gets in this jurisdiction.
Without question the biggest issue here is the “foreign DNA” located on items in the gravesite.
Excerpted in pertinent part:
“…Smith, however, did allow the defense to introduce DNA found at the McStay grave sites, on Summer McStay’s bra and other items in the two graves, that did not match that of Merritt or the four victims. That DNA has so far not been matched to Kavanaugh or any other person of interest in the case…”
Do the DNA profiles match “each other”? What are the other items? I understand that although it has not been released publicly- Summer’s bra was cut (presumably from her person). To my knowledge, Merritt’s DNA was NOT located on any items recovered from the grave site- I have not seen the lab reports or bench notes of any of these tests/results, but this could be hugely compelling evidence in a case with ZERO forensics from the alleged crime scene (house per the prosecution). If the Judge is allowing this in, there are already a few presumptions to be made about the veracity of that particular direct evidence. With the web blowing up daily with the surge of genetic testing and genealogy “matches”- who thinks either side is not going to play that “card”?
B
From Joe Nelson’s article:
Judge Michael A. Smith sided with the prosecution, concluding the evidence was speculative. Smith, however, did allow the defense to introduce DNA found at the McStay grave sites, on Summer McStay’s bra and other items in the two graves, that did not match that of Merritt or the four victims. That DNA has so far not been matched to Kavanaugh or any other person of interest in the case.
Merritt’s defense team also will be allowed to present evidence showing that Kavanaugh transferred nearly $13,000 from Joseph McStay’s PayPal account to his personal PayPal account within three weeks of the McStays’ disappearance. Some of that money was sent to Merritt to purchase materials to complete existing orders for McStay’s business. Merritt had designed and built the fountains for Earth Inspired Products.
Thank you Alli- I responded to your previous post (and pointed out some of these issues similarly- good catch).
Interesting approach re the financial records considering the defense is moving to suppress them.
B
The foreign DNA is compelling. This is going to be an interesting trial. I think Maline and his team are on top of their game.
I don’t think the judge has yet ruled on last May’s suppression motion to quash the QuickBooks accounting records. He was to make that ruling just prior to trial. Being he is allowing the defense to discuss the $13,000 Dan took from Joey’s EIP account, it might be a sign the judge will be ruling against the motion to suppress, IMO.
I think it is a pretty big deal to hold off that long on such an important evidentiary issue. Without seeing his actual order or transcripts it can also be a sign of how the Judge is leaning toward “use” as it relates to evidence. There is something called “truth of the matter asserted” which relates to admissible hearsay I think we are going to “hear” pretty often in this trial.
As far as the instant ruling- it appears that Maline et al cannot use the $13K to establish DK as a viable alternative suspect, but it is unclear so far exactly why or on what grounds that is based. An example on that issue is the fact that DK is a likely witness for the prosecution, and he is on very public record making accusations against Merritt as to the motive the prosecution is using as theory- or that Merritt owed Joey a substantial amount of money. I am aware that initially DK gave statements to LE that Merritt actually withdrew that $$, not DK, so it is entirely interesting to me that DK’s statements were used to secure search warrants initially, and then much of that ends up redacted… Bottom line- DK is a terrible witness for either side, and it will be interesting to find out what (and frankly how) DK was in HI, and if he knew Merritt was “due and owing” to Joey why he would send him $13K in the first place.
I remain very concerned about the outcome of this trial because I am convinced Merritt was complicit in some way- but I do not believe for a hot minute that he acted alone, or that Joey ever left the storage facility or that this family was brutally murdered inside that house. Additionally, wrt the assumption that Joey was working with the bank re a potentially fraudulent check Merritt allegedly forged and cashed PRIOR to their meeting at chic filet, if that were accurate, I can tell you from working on similar cases that it is the banks policy to freeze an account when that occurs (especially when the owner goes missing immediately) and when I reviewed the discovery it was clear to me that LE brought the issue re possibly forged checks to the bank- YEARS later, not the other way around. My point- I am not sold they have a good interpretation of the evidence the State is considering proves their theory.
B
Great response, Blink. Thank you. I think there is more between DK and CM. CM made a comment that if he would kill anybody it would be DK. I want to know why he said that. This is going to be one interesting trial.
Jurors, Alternates Selected for McStay Family Murder Case
Opening statements and testimony are scheduled to get under way Jan. 7
https://www.sbsun.com/2018/12/13/jurors-alternates-selected-for-mcstay-family-murder-case/
An interesting development involving Bennett Merritt.
https://www.sbsun.com/2019/01/03/defense-in-mcstay-family-murder-trial-says-dna-swab-taken-from-defendants-brother/
It certainly is- prompted by a CI who will not be testifying at trial so Maline withdrew his motion. Um, what? I can’t say for certain at this point, but that “method” does ring of LE tactic to “scare” a person into thinking they may be a target of the investigation OR an attempt to undermine a possible witness testimony.
That’s because he said prosecutors told him that information that gave detectives probable cause to search Bennett Merritt came from a confidential informant who was not going to testify during the trial. Daugherty on Friday declined to say why investigators obtained the DNA swab from Merritt.
And Kavanaugh DNA has not been tested against the profiles found at the graves that EXCLUDE Merritt, yet his former GF is apparently testifying that he confessed?
I’m thinking Maline realizes this was a prosecution tactic. I can’t see him backing down if he thought it was of real importance to his case. He doesn’t seem like the type to leave any stone unturned. So far I think Maline and McGee and doing a great job for their client. Raising lots of doubts. But I’m certain the state must have clear and convincing evidence against the defendant. No?
No Alli, I am not at all convinced the Govt has a clear and convincing case against Chase Merritt. This case was in no way ready for trial.
B
Blink, are you sure Kavanaugh’s DNA hasn’t been tested against the DNA found in the graves? Maline said the DNA doesn’t match the victims, Merritt, or any other person of interest in the case. I assumed Dan was one of those person’s of interest. Am I wrong? Who were the person’s of interest?
I believe I read that, and I want to say I doubt that prosecution wants to open that door themselves considering they just used a CI to take Bennett Merritt’s DNA swab. What I can say is that the final analysis of those grave DNA results are now back. You don’t see many cases where there is such an inequity of physical evidence- as in, defense experts are able to recover DNA via an advanced method where the Govt says “no DNA found” and the state does not go back and retest similarly. Keeping in mind Atty statements are not evidence, and I want to see the actual reports and bench/lab notes- but these would also need to be tested against the profiles of the CSI team and actual examiners, etc. Nobody wins by default if they have recovered DNA of field techs that is explainable- I think that would put the defense in a “nothing burger” position to this jury.
B
update?
I don’t thinkdefense atty could be very good bcz the mother’s
emotional testimony was predictably way too inflammatory.
I know I am remiss as to update but quite frankly rn it would be so prosecution negative I have concerns.
I think the defense actually handled her well- some of her testimony was impeached by phone records and she actually bounced an over $3000 check to Merritt the prosecution failed to mention. An enthusiastic point as well (met by objection) was that Ms. Blake was told that there was $17K that came in from the completion of a fountain that went directly to Dan Kavanaugh- NOT Chase Merritt (this was a news flash to her and it was obvious to the jury and audience). In a general sense, the defense is going to maintain that Merritt DID write the checks they accuse him of- and that they were appropriate for the additional work (and to date) he had to preform to finish work in the queue. They spent some time on the SA waterfall/fountain which I know for a fact was completed and paid for. Lastly- it is astonishing to me that if the State theory is that Joey was about to call “fraud” – that they never hired a forensic auditor and to my knowledge have no expert bank fraud witness planned for the accounts in question. Having worked on several “white collar” criminal cases I can tell you that is quite simply NOT how business banking works in an account with well over $100K. I am not seeing how the State can allege Joey is on the horn with the bank saying there is fraudulent activity in his account and yet no fraud officer or risk office flags the account for investigation- I do not know if the State or the defense plans to hone in on that- but I certainly would. If Joey was speaking to bank personnel, there has to be a record of those conversations to coincide with his calls- and to date, I do not think the State has linked that up.
Basically, fraud/risk officers are required to investigate even when a customer says “I dont remember if I wrote this check, I could have, but I dont remember” because his account was 100% protected against fraudulent activity- meaning the bank has to make good on any transactions they do not catch. Blake testified that she had Dan Kav send some of Joey’s money from that account to child support for Jonah- I mean, who does that make sense to? Honestly, if I want to find someone and I want the most expedient help doing so- one would welcome child support enforcement to the matter.
Then the matter of the futon cover. She was on record repeatedly in police reports as saying Blanche washed it and did not know where it ended up. As I have been saying since the bodies were located- it was not the futon cover and low and behold- the defense presented a blow up pic of what the State maintained until trial start was the cover- indicating the murders occurred in the home. Phuey. Those people were not murdered in that home and it painfully obvious to even the CSI layperson.
B