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McStay Family Murders: Charles Chase Merritt Arrested In The Murders of McStay Family

Posted by BOC Staff | Chase Merritt,Chubba McStay,Dan Kavanaugh,Gianni McStay,Heather McFadden,Jonah McStay,Joseph McStay,McStay,Michael McFadden,Michael McStay,Patrick McStay,Summer McStay | Friday 7 November 2014 11:55 am

This is a developing story, please check back for details.

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Comments (580)

580 Comments

Gold prospector says:

August 30, 2015 at 4:03 am

To me by reading the Prelim I came away with the feeling that Chase was being anything but fired. For the following reasons. Metro Sheet metal is in Azusa and Azusa is Chase’s stomping grounds as far as I know Joseph had never been familiar with LA county area so I feel their connection came from Chase himself when this huge contract came into play and they both knew help would be needed. Chase according the David Seqeida Metro’s owner Chase still had a major part in the completion of the fountains. He said Chase would be responsible for materials. design. and shipping (assuming installing with shipping which is a huge job in its self)
A Texas Grandfather says:

August 30, 2015 at 12:44 pm

I think that there are two things that make this case different from all the business activities CM conducted prior to being hired by Joey.

One, we have ,at least I don’t have a detail narrative of the activities regarding CM’s previous business associates and therefore cannot evaluate his behavior other than that they failed for some reason. The other is that we have Joey bringing CM into his home and family life. Since Summer no longer has a voice, we do not know what she thought of CM unless there is a record that can be found.

Women often have a learned reaction that is a part of their defense mechanism, to react to something someone does that is a little “hinky”. CM could have discovered that Summer really didn’t approve of him and he was angry about it.

People who have addictions are beyond what normal behavior is considered to be. Being a bio-father or creator does not automatically make one a true father of children. Many men simply do not bond with children they create for one reason or another.

Extreme anger is a poison to the ability of anyone to behave properly and it is the reason for many of the heinous crimes against people.

Excellent points of course, and one of the reasons this case is so complex (at least on the surface). Murders that occur out of extreme anger point to a host of evidence of same. Rage of this nature, to include toddlers is not about a person who does not give a rip about anything- it is about the offender who gives a rip about everything to the point of excess rage. What kind of offender can harness such rage to bludgeon innocent babies when he has a young son not much older than G, and here is the important part… He had around $80K in liens or judgements BEFORE this occurred that he never paid. He was cited in Victorville 2-3 times for driving without a license and not having registrations after the murders. He never paid anything, to include those ensuing fines so why does he give a rip about the potential of losing this work when he had done so all his life? There are components of this crime that are in my view- very personal that don’t fit for me yet. I am about to address my thoughts on some incongruencies I see so far in Donovan’s post with questions for me.
B
Rose says:

August 30, 2015 at 12:54 pm

I agree CM was a lifelong garden variety passive type and
to flip to demented bonebreaking aggressor,
concommitant with some active planning ability,
is unlikely. I would say to him: Take me to your leader.

Yep, this is what I am saying. Could he be the sole person responsible? Yes, he could. Do I think he was involved and knows what happened? I do.

This thing is about to get convoluted, imo.
B
A Texas Grandfather says:

August 31, 2015 at 12:25 pm

Isn’t the behavior of CM regarding the large number of liens against him and not doing anything about them along with the failure of most of his business ventures a form of passive aggressive behavior. Is it not possible for such a behavior to flip to anger-aggressive when triggered by some event or interaction with another person? Isn’t this behavior the reason for some of the work place violence that has occurred in the last few decades?

In regards to Gold Prospector’s post about Metro sheet metal and the connection with Chase. If Joey was in fact basically an artist-salesman, then it would be natural for him to depend on the welder fabricator to know how to acquire materials for fabrication and function. Metro Sheet Metal is next door to a structural materials company.

The photo that showed a fountain on the dolly in the shop of CM is a simple construction that has to have a frame, the etched art work on the glass panels and piping inside the frame to deliver the water.
There must be some type of basin where the water collects after cascading down the fountain and piping from that to a hidden pump for re-circulation. The piping can be copper tubing or plastic since there is little pressure needed.

If Joey was simply designing the artistic side of the fountain, CM could have been providing the other elements to make the design perform as required. Joey and CM may have been co-designing the environment where the fountain was to be installed.

The short answer is yes. I guess it is fair to opine what happened could be CM’s psychotic break that he snaps out of afterwards long enough to appear as if it never happened.

There were 2 aspects to Joey’s fine work. One was the standard fountain designs that required very little or no customization (maybe customers did not see it way because he still had to buy individual materials and build- it was not pre-fab) and the truly custom fountains where Joey worked with the client to design the water feature to the client spec, supplying renderings in advance prior to “the build” building, delivering, and installing on site.

I think an important point here is that they worked together for 3 years, every evidence they spent a great deal of time together both professionally and recreationally. So Merritt is there through the leaner times, which according to Joey were in Jan 2009 ( there are reasons for that in my view that will come out at trial, imo) CM at the house the Sat before the disappearance/murders although it seemed clear he and Summer did not get along. I am just not seeing the trigger here given Chase history and the relationship. Joey was a savvy business man- of that I am sure.
Gold prospector says:

August 31, 2015 at 1:17 pm

Looking forward to your response to Donovan. I was starting to think it slipped through the cracks or something.

Still working on that, lol, you can take a crack at it in the meantime.
B
A Texas Grandfather says:

September 1, 2015 at 10:10 am

I am not sure that Joey was a savvy business man. This is based on the comment that no matter how much the monthly receipts, $3,000 or $8,000 it was never enough to have a capital reserve. Joey was a good salesman, but that is not enough to make a business of design, fabrication and installation truly successful.

The cost of the standard fountains and their installation should have been known down to the last nickle and the retail or installed price should have included a portion of profit that would be set aside for capital growth. Did Joey know how to correctly estimate installation costs so that the sale of each fountain made the percentage of profit required? Material costs for the basic fountain should not have varied a lot, but installation costs depended on the efficiency of CM’s activities.

Now we have a situation where it is possible that Joey realized that something was wrong and that something was CM’s behavior of procrastination was costing him money and removing the profitability of the business. When confronted by Joey with this fact, CM could have gotten mad and attacked Joey physically.
A Texas Grandfather says:

September 1, 2015 at 10:26 am

Just so everyone knows where I am coming from regarding Joey’s total business knowledge. One of my jobs during the 1960′s was forecasting the monthly cash requirements for construction jobs in progress being managed by the engineering department. There could be as few as twenty-five or as many as 100 jobs in progress. The job values could be as little as 25 million or as much as 150 million.

The goal was to have enough money to keep the work flowing but to get as close to actual requirements as possible so as to control the costs of borrowed money. These costs of borrowing were always factored into the job costs at the time of the estimate.
Gold prospector says:

September 1, 2015 at 12:29 pm

No way in heck LOL LOL This is your baby and I always enjoy your writings so get er done … kidding
Gold prospector says:

September 1, 2015 at 12:32 pm

PS. I hear Politically correct has lost its cool.
Rose says:

September 1, 2015 at 2:18 pm

whatever mental state existed during and leading up to the murders, by CM or a confederate, imo it was not this,
“….what happened could be CM’s psychotic break that he snaps out of afterwards long enough to appear as if it never happened.” No psychosis or “break” involved, imo.
Rose says:

September 1, 2015 at 2:20 pm

maybe a mafia type CM was in debt to?

-Ish.
B
Ragdoll says:

September 1, 2015 at 10:50 pm

Ponzi scheme pops into my head……but on a very unsophisticated, sloppy, unintelligent, desperate, turkey level.

Was this simply about surviving and maintaining a lazy lifestyle, at any cost…even murdering children???

Seriously, just an amateurish opinion, I know. I’m reading these posts and thinking this is a guy needing to self preserve. And why does Casey Anthony come to my mind?

Okay….let me have it blinkers….LOL! I haven’t read on further, about the McStays, for a long time. I’ve read the previous pages (comments and replies). Amazing contributions as always!!!

❤️❤️❤️

I totally get why that theory surfaced and is worthy of discussion, if there were different suspects. CM was broke, owned nothing, and was fired from or lost every business he ever had. This guy went to purposefully operating off the grid. Addictions have a way of compensating for each other, if he was a gambling addict but if that was the impetus he already had access to Joey’s funds apparently- why kill his kids, Summer? His ex and their children ( I am suspect one may be special needs) are living in 1986 camper on someone’s lawn without any running water or electric. Why would she not sue him for support? In my mind it has to mean he is providing it under the table.

This screams hit to me, always has, and until someone can convince me otherwise- I invite all you skilled researchers to find another similar case.
B
Goat says:

September 1, 2015 at 11:25 pm

This was uncontrolled rage. Has summers ex husband been looked at as a possible perp?

Yes. For this to be uncontrolled rage, there has to be a stimulus- the kind of stimulus that prompts evil enough to harm a baby- bash their skulls in to be exact. That part tells me the “hatred” or “example” if you will, is geared to their parents or parent. One could smother a child in their sleep at that age- overdose them with something- why the violence of innocents? That answer and how Joey was found so differently than the others is critical to the case, imo.
B
Gold prospector says:

September 1, 2015 at 11:48 pm

Well I try and educate myself a little before I speak and reading here about psychotic breaks NAMI: National Alliance on Mental Illness I don’t think that is what was happening with whoever did this, I say whoever because I am not convinced yet that Chase Merritt committed this crime. But I can easily be swayed on the subject of psychosis because it is not a subject I have been learned. So straighten me out if needed

I am convinced he is involved, yes, this just has other markings for me. In my practice, (as an example) I have reviewed Joey’s cell records at length. According to the prelim, there were 27 back and forth’s between Joey and CM on 2/4 ( keep in mind Boles is reconciling both records). Joey’s outgoing communications match- but at first glance, it looked like Chase’s fell short by about 12. HOWEVER, Joey’s EIP line VIA VOIP line routed those calls to is cell. And as an example, when I am analyzing, I can see that (ie: 11:06 incoming call last for 17 minutes, 11:18 incoming call lasts for 15 minutes) But an activity line for an incoming call for Chase at 11:33 for 2 mins) Obviously that means that there are incoming calls that do not appear on the record when they are calling while he is on the EIP line, and logically he is using call waiting or conference calling. Er go- the missing calls are found on Chase’s record as outgoing and there are no EIP calls after that 11:18 the balance of the day to “hide behind” so to speak. That tells me that the calls from CM likely occur prior to the “meeting”, and of course the 5 that occur afterward only to CM phone. This is an anomaly. Why is Joey not receiving calls from anyone but Chase, and not calling anyone on his way home from “firing” an employee?

Because Joey never made it home. I stand by that.
B
Gold prospector says:

September 2, 2015 at 2:07 am

Geez don’t mean to be a serial poster but I just read ATG’s comment and have to say I agree totally except the part about Joey confronting Chase. I of course don’t know what really happened but my gut tells me that Chase may have had the lead more than we know and Chase may also filled other voids in joseph’s life. I think Joseph might have been frustrated with Chase but I don’t see him confronting more like a Ostrich with his head in the sand
A Texas Grandfather says:

September 2, 2015 at 7:22 pm

Good to see you post Ragdoll.

If Blinks premise about the crime is actually a hit by the mob is true, then we have a valid reason for the brutality to Summer and the boys.

If CM was in fact in debt to the gambling houses and they had tried to get his attention to pay them, the shock of destroying CM’s ability to earn money with the threat of destroying his children and ex-wife by showing him with the destruction of Joey and family would supply motivation for payment.

The hit team would have figured out a way to conceal their activities while leaving evidence pointing to CM. The number of telephone calls relating to Joey could have been the hit team forcing CM to keep talking to Joey while they set their plan in motion.

I just can’t shake the feeling that CM and/or DK got them into something through no fault of their own because the plan was to force him to help or whatever, and it was too late or spiraled out of control. I don’t have to source how many times or instances the phrase buried in a shallow grave in the desert comes up in this case. And they were.

Brilliant thought about framing CM. That may be in line with the det that said the graves looked like something was taken out and put back in, ( or words to that effect, has been a long day lol). Would certainly be a way to silence the guy that may have just missed the 3rd grave. I know in my soul CM is “responsible” in some way- I am just at a point where he as the soul offender and the person exacting such brutality makes sense over money he was very, very, used to losing or not having.
B
Ragdoll says:

September 2, 2015 at 8:40 pm

Hi ATG! Than jus for the nod. Always the thoughtful heart, you are.

I must admit…I thought the whole ‘family business’, was becoming historical, so to speak. Drug cartels seem to be taking over….or it’s all the same. IDK….

So..it’s fair to say that CM was, perhaps, told to….take care of it…or…we don’t care what ya gotta do, just get my money???

Possible CM’s family would have been put in shallow graves, if he didn’t allegedly take out the entire McStay family??? I’m asking because my mind truly does not want to go where CM’s went. Solution, at any cost?

I wonder if he ever thought he was capable of taking it this far…allegedly, of course.Hmmmmmmmm.
Ragdoll says:

September 2, 2015 at 8:49 pm

Blink…. If your assessment is correct about CM, it’d be fair to say he felt his life had no value…conscious or subconscious.

If that’s true in itself, a family was murdered because of ZERO self respect???

Never saw this coming. Just….wow.
A Texas Grandfather says:

September 2, 2015 at 10:24 pm

In thinking about the process of a mob hit team and the graves in the desert, the third grave found empty could have been one that was dug for future use and shown to CM. The graves holding the bodies of Joey and child and another for Summer and child could have been not yet backfilled when CM was taken to the site.

Although graves dug that close to well traveled roadways would have been dangerous they did place them in an area where CM sometimes traveled. I think the graves were intended to be found, but far sooner than they actually were. The hit team could also have used the little sledge that probably belonged to CM to do some of the damage to the bodies. That could be the reason it was found in one of the graves, a direct pointer to CM.

If the SDCSO had not been so fixed on the trip to Mexico, they may have been a little more successful in getting to the solution of the case.

Detective work is no different than learning how to trouble shoot a vehicle engine or an electrical or electronics problem. The first thing is to determine the original cause of a malfunction. If people are missing from their homes or business or on a trip, One has to go back to the point where things were normal and work from there. The problem with finding people is that they often do not communicate with others in a way that is easy to trace.

I am with you on the graves. It makes no sense to me to throw in the murder weapon under the auspice, wth- the graves will never be found but then to dig 2 and leave clear and obvious tracks leading straight to them. There’s something else to this I can’t put my finger on. CM’s Dad was in the Air Force, but CM was a felon in his teens and has no military record and for the life of me, when I first saw this location I called a Geo spatial analyst friend of mine because my first thought was- whoever dug those graves if they were dug by hand has military training. They are exactly the depth and length for what our men are taught to dig for themselves in the field ( sometimes beds) and to hide equipment in the field. Conversely, our GSPA’s analyze aerials looking for these anomalies to protect our troops from IED’s. Lastly- can we assume that the ground had to be pretty wet at the time to preserve the tracks for nearly 4 years? You know the specs of that truck and what was said in the prelim- am I really thinking that CM’s RWD tran he is going to back down that “grade” and risk getting stuck- twice?

B
Gold prospector says:

September 3, 2015 at 11:33 am

Why didn’t they use LPR’s ( license plate readers ) They are everywhere although I must admit I haven’t done any homework on how many there were in 2010 I know that they were being used and especially the 15 freeway by the border and all over up and down that freeway. Oh this one really fires me up. I just don’t understand
Gold prospector says:

September 3, 2015 at 11:36 am

PS Foxholes. Yes, it was my first impression when I saw it.
B
A Texas Grandfather says:

September 3, 2015 at 12:35 pm

I know that air crews are given specific survival training, but I have never heard of such training for support people. If CM’s father was a support troop, he more than likely did not learn anything about digging for protection or for hiding something. However, it does not exclude learning about them by engaging in a conversation with someone who did take the training.

I didn’t think the grade was excessive. Much of the Texas hill country is considered to be desert because of the low rainfall. Some of the grades I would attempt with a load in the bed of my pick-up are steeper than those in the area of the graves. If it was a difficult grade the tire tracks would have been distorted.

Sandy soils are easily compressed by vehicles. Sometimes there are rainfalls that move the surface soil and other times it can be changed by winds. Without a good soil analysis, one can only guess at the actual make-up of it. It did appear fairly loose in the photos of the prison crews doing the back-fill after the site was released by LE. Just a small amount of clay will make soils hold tracks for a long period. There are minerals in the area as we were able to see an operating quarry West of the grave site-hence the name of the road.

Some of those trucks have 4-wheel drive as an option. The only way to know if the 3500 chevy did is to look at the actual vehicle. Work trucks that have to operate on steep grades and wet or loose soils often have the 4-wheel drive option.

At this point of the case, I think there are several possibilities regarding how and why the crime was committed. CM did the crime all by himself or CM and DK worked together to do it. And the third is that it was a mob hit because of CM’s gambling habit. If I were working on a solution as a member of LE, I would take each of those paths to the point that evidence showed which of them could not have happened and which one could.
Gold prospector says:

September 3, 2015 at 7:47 pm

ATG or fourth. Dan phenorked because he was being aced out of the biz told his buddies Shneider and Quintero about Joseph and his bag of rainy day money he kept at the house. And with a home invasion in place to co-inside with Dan being in Hawaii, but something went wrong and the rest we know. Now this would explain how Dan would know that the family was dead and money was for the taking, But also knew he needed to put out an alert because he cant just dip and say zip.
Ode says:

September 3, 2015 at 8:10 pm

Instead of “mob” I wonder about (redacted)

You have a “sense”, always have. Right now I have held off publishing same because my concern is that it aids in the defense of CM, potentially.

In my view, he is definitely involved- he may be the sole perp- right now, I cannot exclude others based on the information/evidence.

This is going to get wide, imo, Ode.
B
Gold prospector says:

September 3, 2015 at 10:14 pm

GP- you know CM- do you have any thoughts from that perspective you might share?
B
Gold prospector says:

September 5, 2015 at 1:00 am

Can we just not post my comment about Bird rock and such, after re reading it I got a little over zealous and it really isn’t my finest moment LOL And I was looking over Joseph’s phone log and you are so right about only getting phone calls from Chase in the afternoon is an anomaly, it does indeed look like a first and is suspicious.

Yep, when I get to it GP.
B
Gold prospector says:

September 10, 2015 at 4:18 am

McCarger said that another big thing he noticed was the paint
24 trays that were downstairs. Susan was washing paint out of
25 there. And McCarger believed that was suspicious,

Steph Watts : When Tim Miller and I went to the home early March 2010 there was a dirty diaper in a morning jumper and one beside the bathtub in the downstairs bathroom.

Susan Blake: I cleaned up because of the smell from the dirty diapers.

This whole thing is suspicious to me. Susan cleaned paint trays ???? that should have been thrown out because the paint would be completely dry and if the paint was still wet, it doesn’t take much to know that’s is a CLUE, But the fact that she still left the diapers she didn’t throw them away. The diapers were still in the home 2 weeks later. I just don’t think this should be over looked. Also on the transcripts from the detectives notes he took when he interviewed Mike, Mike said he last talked to Joseph On Feb 4th. Mike isn’t on Joseph’s phone records. I know I know ..” We don’t know if the records that have been floating around is accurate. I believe they are and if they are not why would someone purposefully delete their number. What would be the motive. Now we find out from the Transcript that the day the Trooper was being taken down to the Border is the same day Mike was TOO BUSY. This is the day when everyone was calling everyone looking for Joseph and everyone of them called Mike that day.

Patrick McStay : I asked Mikey to go and check on Joseph, and again ” I’m to busy ” I wanted to jump through the phone at that moment
Gold prospector says:

September 10, 2015 at 4:21 am

The statement above from McCarger is from the Prelim transcript also from detective on stand reading from his notes,
Alli says:

September 11, 2015 at 8:06 am

Wow, Gold prospector, lots of questionable information from the prelim transcript. If Mike said the last time he talked to Joey was on the 4th, and there is no phone record of a conversation, did Mike speak to Joey in person that day? As you say, why would anybody delete a phone number from Joey’s phone log? Maybe the detective was wrong?

It is my opinion that the det just got the date wrong.
Keep in mind the standard for a prelim is simply that there is enough probable cause for the judge to find the accused crimes were committed and there is enough probable cause to find there is compelling evidence it was committed by the defendant- I actually think Judge Smith’s questioning was a message to the state- they are going to need to sheer up what they will be offering as evidence at trial- immensely.
B
A Texas Grandfather says:

September 11, 2015 at 11:54 am

The twenty-five paint trays to be cleaned by Susan is very, very strange. The house was being painted by a contracted painter. There is no way a professional painter would have more than two trays and they would have been cleaned prior to putting tools away for the day.

Is “sheer up” a local term for bracing or adding substance to a weak argument?

I don’t know where it came from, lol, I just use it occasionally, but yes.
B
Gold prospector says:

September 11, 2015 at 1:27 pm

/Reading your response to my question you mentioned the Judge. I just want to say that judge with just the few words spoken during the hearing has restored my faith in .,, Well everything really. I wont bother with why but he is on top of this case.
Gold prospector says:

September 11, 2015 at 2:16 pm

I have had a R & R summer that is soon to end back to the grind so I would like to address some things if I could. Ok if the transcript cant be used as our Holy Grail then how about from the horses mouths. BLink ..You didn’t think the paint trays and dirty diapers was of any real relevance ? Just asking because you didn’t address it. Devils in the details.. Merritt was concerned why the family wasn’t more concerned. Randy Kaye second that in her statement also. But its Mike and Dan’s reasons why they did what they did and especially Dan. When asked why he took money out on the 6th with the family giving the OK. What’s wrong with this picture. Everything. Everything from the family didn’t have any right to give permission and more telling is the date that the permission was granted. On the 6th. And just for the record I believe this Timeline will be predate the 6th as the day the chit went down. Here is my follow the money timeline.

Feb 6th ..Dan given permission from family to take out 2Gs to keep the website up / Dan’s words on CNN (To keep the website up ?)

Feb 20, McStay Family website went up with Donate button in place (one day after the search warrant)

March 6th. Mike Officially takes the EIP website as his. Orange County Fict Business Look-up

March 18. Mike allows media to tour the home. Everything is gone. All Appliances, Reporter said the garage had only a baby stroller and some wetsuits draped over it.

red July 1, 2014 – 21:00 ET
MCSTAY: I felt like I had eyeballs on the house…

KAYE: Merritt told me he was more alarmed than McStay family members.

MERRITT: I was really concerned that they weren’t (inaudible) just get more concerned.

KAYE: Which seems to be missing to me as any sense of urgency to find out where they were and get inside that house.

MERRITT: And that’s exactly what I thought also. I don’t even know if I called the sheriff department if they would do anything anyway. You know, I’m — to them I’m just a friend

P MCSTAY: I need you to go and check on your brother, and again, “I’m too busy

KAYE: Like Joseph’s brother, Michael McStay.

Were you ever questioned or no?
MCSTAY: I just was — well yeah, I was — I’ve always been. They took me to the police station, just recently too.

KAYE: Michael says he told them everything, including why in the early weeks after Joseph disappeared, he withdraw money from his brother’s bank account. And even sold off some of Joseph’s property, all before he knew his brother was dead.

M. MCSTAY: Well, I figured at that point, the house was going to into for closure because there was (inaudible) and I couldn’t have, you know, Jonah and his family suffering. So I thought the best thing I could do was, you know, liquidate some things and give them the money.

Let me just say — I’m going to cut to the chase, I didn’t do it. I’m his brother. I don’t want his business.

KAYE: Kavanaugh insist he had approval to access the funds while Joseph was still missing.

KAVANAUGH: I actually corresponded with his family about that and I was like, “We need a couple of G’s out of the paypal account to keep his business online or we’ll lose everything.” And they’re like, “OK, we’ll do what you got to do.”

KAYE: But Kavanaugh didn’t stop there. By summer 2011 when Joseph was still missing, Kavanaugh had sold Joseph business to an outside company.

KAVANAUGH: They we’re really looking to give me huge amounts of money but they were like, “We’ll just come in. We’ll pay off whatever debts and things that the company has incurred and bring a current and then you’ll barely get paid any money.”

I am not sure what you are asking me GP?
B
Gold prospector says:

September 11, 2015 at 2:21 pm

LOL LOL Texas Grandfather.. Sorry that was a cut and paste from the transcript that was the dictators numbering .
A Texas Grandfather says:

September 11, 2015 at 5:41 pm

O/T
Thanks B

If you remember, several years ago I spoke of taking an English course in college where the class studied the origins of language and local expressions. This was a new one to me and thus the reason for the question. This is probably a local derivative of the expression “to Shore up” that can be found in most dictionaries.

What the class discovered was that many local expressions were modified principally by the way different languages were spoken and this carried over to become a local unique expression.
Goat says:

September 15, 2015 at 10:43 am

Hi Blink.
What is your best guess as to when chase trial will begin?

Not before Q1 of 2016. The flurry of pre trials will begin in the Fall and Judge Smith is a “submit briefs/replies/then orals” kind of Judge, imo.
That could eat 90 days alone.
B
Gold prospector says:

September 19, 2015 at 2:28 pm

Moderation ?

Im here!
B
A Texas Grandfather says:

September 22, 2015 at 5:11 pm

I have been thinking about the additional weapons used in the crime regarding the marks found on the bodies. With no information regarding the marks, I am going back to the red tie-down straps used for restraint and found in the graves.

These tie-downs are two piece units with a short strap and the ratchet take-up mechanism as one part and the other is about 12 feet of nylon strap with an S-hook for attaching to some point for securing a load.

The short section with the take-up mechanism is the part that could be used as a flexible mace. The take-up weighs about ten to twelve ounces and is made from steel. If it were closed and someone used it as a mace, the marks would appear smaller, approximately 2″ by 4″. If used in the open position the marks would be 8″ x 2″. It would make a formidable weapon for attacking someone.
Goat says:

October 6, 2015 at 12:06 pm

Found this about Fridays pre trial hearing.

SAN BERNARDINO >> Defense attorneys for McStay family murder suspect Charles “Chase” Merritt said Friday prosecutors gave them a recent interview with a woman claiming to know about other potential suspects in the case.

“One of the things we got today centers on other responsible parties,” said Rajan Maline, Merritt’s co-counsel, after a pretrial hearing for Merritt on Friday in San Bernardino Superior court. “Today, what we’re receiving is additional information, not necessarily tied to any particular group, but with a connection to potentially drugs and drug dealers and things of that nature. There’s a lot of third-party culpability in this case.”

Maline and Merritt’s lead attorney, Jimmy Mettias, said they do not know who the woman is who was recently interviewed by investigators for the San Bernardino County District Attorney’s Office and have yet to review the interview transcript and talk to the woman themselves.

“These are statements being made by people we don’t even know. We don’t know how credible it is,” Maline said, adding that the woman interviewed by district attorney’s investigators appeared to know things about the case that have not been released.

Prosecutors Sean Daugherty and Britt Imes declined to comment.

“At this time, it would be absolutely inappropriate to discuss these matters or anything related to the evidence in our case,” district attorney’s spokesman Christopher Lee said in an email. “Ultimately, our role is to protect the integrity of this case and all cases, for that matter, while seeking justice for victims.”

Merritt, 58, of Homeland, faces the death penalty in connection with the sledgehammer beating deaths of Joseph McStay, 40, his wife, Summer, 43, and their two sons, Gianni, 4, and Joseph Jr., 3, in their Fallbrook home on or around Feb. 4, 2010. He was arrested in November 2014 and charged with four counts of first-degree murder.

The disappearance of the McStay family in February 2010 drew national media attention, and rumors have since swirled about a possible link to the Mexican drug cartels. The family’s Isuzu Trooper was found abandoned at the Mexican border in San Ysidro, and a video surveillance camera at the border recorded footage of a man, a woman and two small children walking across the border around the time the McStay family disappeared.

Authorities have since determined the family seen in the video was not the McStays.

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Investigators also came across searches on the McStays’ computer for information on travel to Mexico and passports.

Merritt’s defense team says it has seen similar methods of execution — bludgeoning by sledgehammer — by the Los Zetas crime syndicate.

“We’ve talked about the Los Zetas and different cartels using that method of killing, especially during that time,” Mettias said Friday. “There’s a lot we’re looking at. It’s still an active investigation.”

No information linking the McStay family disappearance and killings to Mexican drug cartels was mentioned in the hundreds of pages of search warrants released in July.

The family’s skeletal remains were discovered in November 2013 buried in shallow graves in the Mojave Desert outside of Victorville, west of the 15 Freeway and north of Stoddard Wells Road.

Prosecutors believe greed was the motive behind the killings. Merritt, according to search warrant affidavits and testimony at Merritt’s preliminary hearing in June, was a gambling addict who was more than $50,000 in debt when the McStay family disappeared. That debt included a $30,000 loan from Joseph McStay to cover Merritt’s gambling debt.

In the wake of the McStay family’s disappearance, Merritt wrote checks totaling more than $15,000 on Joseph McStay’s business account, cashed them, then deleted the checks from McStay’s Quickbooks computer software accounting program, authorities say.

Joseph McStay employed Merritt to build custom, decorative water fountains for McStay’s online business, Earth Inspired Products. Around the time of the McStay family’s disappearance, the two had a falling out, and one witness told investigators McStay was considering firing Merritt due to his gambling addiction, according to search warrants filed in the case.

Still, the evidence points to other potential suspects, defense attorneys say, including two sets of tire tracks found at the graves of the victims, a fact revealed at Merritt’s preliminary hearing.

That, coupled with new information being revealed in the case, begs a lot of questions about the crimes, defense attorneys say.

“The interesting thing is even today — almost a year since our client was charged — we’re still getting people coming forward with more information and different information. There’s still additional information trickling in,” Mettias said.

Maline added, “I think we’re absolutely at the beginning of this investigation. We’re not at the end of it.” this about Fridays pre trial hearing.
Goat says:

October 6, 2015 at 12:10 pm

P.S. this is by Joe Nelson, The Sun news
A Texas Grandfather says:

October 7, 2015 at 4:48 pm

Good information Goat

I did not know about the money Joey had loaned to CM. This just adds additional reason for CM to be angry if Joey indeed planned to fire him for continuing to gamble and not paying him back on the loan.

The two sets of tire tracks are interesting. However, after four years, it will be difficult to find the vehicles they were on. Tire life is at best fifty to sixty thousand miles. That mileage could be easily driven in the Southern California area over four years and the tires replaced.
PaMom says:

October 7, 2015 at 11:50 pm

Wow. that is very compelling information. I think the defense is doing its job well. I just don’t believe that the McStay family had anything to do with this murder or Kavanaugh for that matter. I think they thought Joey was coming home and didn’t see the urgency that the father felt instinctively. The father was very close with his son. Joey’s mother was helping her son by cleaning and probably thought that someone else would help with the trash. She wasn’t alone in the home. I think Joey and Summer were very devoted to their family and also predictable. This is why the family agreed that Kavanaugh should pay the website fee. They thought Joey and Summer were coming home. I think the actions of this family were a direct result of things that were happening around them and should be viewed in context. I think Merritt raced to clean everything up and anticipated a much different response from this family. He knew something terrible happened and couldn’t believe that they were dragging their feet. Their reaction would’ve been much more drastic if they had a clue like him. I think Mike and Kavanaugh explained themselves to the investigators and it rang true. The deleting of the quick book transactions is not only theft; it screams of guilt. This murder was almost perfect except for that one detail. There’s the devil. Did he have help? We won’t know that until he’s found guilty, and then, he’ll sing to save his own neck. Even at that, he still won’t tell the truth. These other stories that are surfacing are coming from a woman. I wonder if this is Merritt’s girlfriend. I also wonder what pack of lies he’s told her. He’s a scary guy with a pocket full of lies and a desperate temper. I hope these prosecutors are working hard.
Goat says:

October 8, 2015 at 10:36 am

I wonder if the $30000 loan was documented or just hearsay from a questionable associate?
Alli says:

October 8, 2015 at 3:05 pm

Goat, I wonder the same. If it was documented, when was it documented? Before the disappearance or after? DK is a very questionable character.
PaMom says:

October 9, 2015 at 9:51 pm

I also think that DK is questionable. He may be an accessory, and a witness for the prosecution.
ELD says:

October 16, 2015 at 10:01 pm

If Merritt is innocent, as he claims, then let him take the stand and proclaim his innocence in no uncertain terms. If he doesn’t take the stand, then you have your answer as to his guilt or innocence!

Welcome ELD-

In our legal system, based on our US Constitution , no adverse inference can be drawn from a US citizen for exercising their rights against self incrimination. I support that fully- HOWEVER, in our imperfect jury system the reality is- the jury always factors the reasons why a defendant does or does not testify on their own behalf.

Merritt has given dozens of interviews, I would not preclude the notion he takes the stand. In fact, I believe he will if necessary.
B
ELD says:

October 16, 2015 at 10:05 pm

Of course a defense attorney is going to deflect attention away from his client. People can’t be gullible and believe everything they are told. The evidence has to be presented and tried and cross examined. THAT ALSO GOES FOR MERRITT. Wouldn’t you want the jury to hear your case from your own mouth if you were innocent?

Yes, definitely, however, I would heavily weigh my counsels advice in my decision. This decision is never made in advance for a reason.
B
ELD says:

October 19, 2015 at 10:47 pm

In my opinion a lawyer is hired to represent the accused and if the accused wants to take the stand against his lawyer’s advise, I say let him do so. Of course, if the lawyer feels his client will “come across to the jury as guilty” or if the attitude of the defendant is one of callousness and being aloof to the situation, he will tell his client to sit down and shut up. Remember, originally, Merritt didn’t want to hire attorneys to represent him. He must have gotten pretty scared thinking about it! There were two radio hosts who sat next to Merritt during one of the hearings and every time there was mention of the kids’ murders Merritt turned and looked at them with a sheepish, weird expression. They said Merritt didn’t come across too well. This is going to be a big problem for the defense. If a jury doesn’t like you for some reason or other, you’re toast. Jurors are humans, too! BTW, in every public trial I have seen, the defendant who ends up with a guilty verdict takes the stand. On the other hand, it doesn’t bode well for the defendant who sits out, i.e. Scott Peterson. The OJ and case was an anomaly! When is the trial? I thought Merritt wanted a speedy one because he was knocking on death’s door!
ELD says:

October 19, 2015 at 10:50 pm

I just hope they have really smart jurors who can’t have the wool pulled over their eyes. Jury selection is critical in this type of case. Any case, for that matter. Someone once said that proper jury selection is the most important aspect of any case.
Alli says:

October 25, 2015 at 9:08 am

At what phase of the trial does does jury selection begin?

Post pre trial motions- the vior dire will be critical to this case. I doubt a jury will be seated prior to 2016 in this case.
B
Alli says:

October 26, 2015 at 10:33 pm

Thanks Blink. This is going to drag on forever.