Blink On Crime -

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:

October 28, 2015 at 12:16 pm

OMG Now they are giving out awards for work well done on a case that hasn’t even had its first day at trial. WHAT ??

in the investigation of the McStay Family.

“It is truly an honor to receive this award in recognition of the exemplary work done by the Specialized Investigations Division, Homicide Detail,” stated Sheriff John McMahon. “The award recognizes the hard work and endless hours of dedication to bring the investigation to a conclusion for the family,” he added
http://www.vvng.com/san-bernardino-county-sheriffs-department-homicide-detail-receives-award-of-excellence/

Umm?
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Gold prospector says:

October 28, 2015 at 12:48 pm

HOW MANY RULES BELOW DID RAMOS BREAK ? The one who should be held to the highest standards.

MICHAEL RAMOS, SAN BERNARDINO’S DISTRICT ATTORNEY: When we finally put all the case together and the circumstantial evidence and the direct evidence, there was no doubt in her mind this was the person that committed the murders.
RAMOS: His story is all over the place.
KAYE: Could one person kill a family of four, bury the bodies hundred miles north in the Mojave Desert, dropped the car 250 miles south at the Mexico border, is one — could one person do all that and then return home to make it look like he was home that night to receive a phone call from Joseph McStay?

RAMOS: Yes. And we have the evidence to prove that. Yes.

RAMOS: Mr. Merritt has some prior felony convictions. He spent some time in state prison.

KAYE: But while Chase’s record shows no sign of violence, District Attorney Michael Ramos says his past is very telling
RAMOS: When the jury hears the evidence and we put this all together for them, if they will find him guilty.

KAYE: But could the case be
RAMOS: Well number one is were sitting here and got access. Number two, that he was there after they were missing, he had plenty of opportunity to hypothetically speaking, clean up. So he had plenty of opportunity

e character or reputation of a suspect or witness in a criminal investigation;
•the credibility of a suspect or witness in a criminal investigation;
•the criminal record of a suspect or witness;
•the identity of a witness;
•the expected testimony of a party or a witness;
•the possibility of a plea of guilty to the offense;
•the existence or contents of any confession, admission, or statement given by the suspect;
•a person’s refusal or failure to make a statement with regard to conduct or an offense;
•the performance or results of any examination or tests;
•the refusal or failure of a person to submit to an examination or test;
•the identity or nature of physical evidence expected to be presented;
•any opinion as to the guilt or innocence of a suspect;
•information that the lawyer knows or reasonably should know is likely to be inadmissible as evidence and that, if disclosed, would create a substantial risk of prejudicing an impartial trial; or
•the fact that a defendant has been charged with a crime, unless the lawyer includes a statement explaining that the charge is an accusation only and the individual is presumed innocent
Alli says:

October 28, 2015 at 2:03 pm

Is this suggestive of tainting the public and a possible jury pool?

Sheriff’s Specialized Investigations Division receives the IACP/Thomson Reuters Award for Excellence in Criminal Investigation—

On Tuesday, October 27, 2015, the International Association of Chiefs of Police (IACP) and Thomson Reuters presented San Bernardino County Sheriff John McMahon, Lieutenant Chris Fisher, and Sergeant Edward Bachman with the 2015 IACP/Thomson Reuters Award for Excellence in Criminal Investigation. The award ceremony was held at a breakfast, during the IACP Annual Conference and Exposition currently being held in Chicago.

The award was presented in recognition of the efforts of the Sheriff’s Department Specialized Investigations Division, Homicide Detail for their innovative work in the investigation of the murders of the McStay Family.

Each year, the IACP/Thomson Reuters Award for Excellence in Criminal Investigation is given to a law enforcement agency, law enforcement unit, task force or inter-agency task force in recognition of exceptional innovation and excellence in the area of criminal investigations. Judging focuses on contributions to the advancement of the art or science of criminal investigations and innovations in the development or enhancement of investigative techniques. The award is sponsored by the Fraud Prevention & Investigations Business of Thomson Reuters.

“It is truly an honor to receive this award in recognition of the exemplary work done by the Specialized Investigations Division, Homicide Detail,” stated Sheriff John McMahon. “The award recognizes the hard work and endless hours of dedication to bring the investigation to a conclusion for the family,” he added.

https://www.facebook.com/sbcountysheriff/
Gold prospector says:

October 28, 2015 at 11:15 pm

Alli… YES !
A Texas Grandfather says:

October 29, 2015 at 10:55 am

A county Sheriff that publicly accepts an award for great work on a case prior to the case coming to trial, where the public gets an opportunity to look at the actual work product, is a person looking for some public acclaim. This is nothing but PR that could make them look like a fool after the trial.

This is why the people need to carefully watch the activities of LE and the courts.

And before- You will not find a criminal defense Atty who would not be jumping for joy if this occurred on one of their cases. More on this later.

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CC says:

October 29, 2015 at 11:30 am

Blink, just wondering if you’re gonna elaborate on your answer of “Umm?”.
The wording DOES, in fact, imply that the family has gotten a “conclusion” to the investigation. Insinuating Chase Merritt is guilty, thereby giving the family closure.
THAT, in and of itself, implies that Merritt is the man, he’s guilty before he even got to his trial.
Good ‘ole innocent before proven guilty. Polluting the jury pool much???

Eventually. This case is so very near and dear to me I dont have the heart.

I am pretty tired of those charged with defending our Constitution and thinking they have the magic quill to rewrite the Magna Carta.
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Alli says:

October 29, 2015 at 12:25 pm

Blink, I’d love to hear your opinion on this article. Is this common practice to win an award for an investigation that has not yet been concluded (still an open investigation) and is still in the pre-trial stage?

No. It definitely is not. For now, I am not going to comment on it specifically.

Except to say this- SBCSD nominated themselves-
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Gold prospector says:

October 29, 2015 at 7:52 pm

I am here to announce that the ” Defense team excellence award ” is to Rancho Cucamonga Defense Attorney Jimmy Mettias and his team. This award is for their hard work and ultimately exonerating Chase Merritt from any involvement in the murder of the McStay Family.

Well what’s the difference. I don’t see any
Gold prospector says:

October 30, 2015 at 3:28 pm

Sociopaths are often busted for their crimes because they don’t have the ability to wait for anything. Example would be a life insurance policy they have taken out on someone they are planning on killing. but because they cant wait a for reasonable amount of time to pass before they kill this person the often do it the next day after the policy goes into play. I am seeing something disturbing with that info and the San Bernardino DA and Sheriff Dept. They couldn’t wait to give themselves an award till after the trial. Good Gawd
Alli says:

October 30, 2015 at 4:22 pm

Except to say this- SBCSD nominated themselves-
B
~~~~~~

Thanks, Blink. If they nominated themselves, they had an agenda. They knew this award was given out in October. Perfect timing for some PR. It very well could backfire though if the case doesn’t turn out like they planned.
Gold prospector says:

October 30, 2015 at 5:25 pm

I understand that you are an advocate for Law Enforcement. our Laws. and victims. So I am assuming that saying anything but praise explaining their actions towards a positive goes against the grain. I also think your years covering this case and sympathy for some family members is causing you pause on this subject. I could be wrong but if I am right I understand it
A Texas Grandfather says:

October 31, 2015 at 10:43 pm

Gold prospector

I think that most who post here are supportive of Law Enforcement and the courts in their effort to help the families of victims. However, from time to time we find that LE and courts choose a direction that needs to be corrected. The people who advocate for justice are those who are not afraid to do some digging and following up with comments that gets to the truth. You and Allie are basically agreeing that PR of the type we have uncovered has the possibility of not turning out very well as I also posted.

I have a daughter and son in-law that worked in LE for years. They are just like all humans and often do not see outside the box of LE processes and procedures. Some investigators are naturally better suited for the job than others and usually do better work. IMO those are the type we need and they usually do not look for awards in advance of the outcome.

I appreciate you offering sound wisdom on the issue. There are a ton of moving parts here I am just not in a position to address yet. I will, eventually, because I believe in the importance of the potential of what such an award represents to a deserving agency. I also believe there is extreme potential to prejudice/ jeopardize an UN-adjudicated case of a defendant- on both sides.

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Gold prospector says:

November 2, 2015 at 3:53 pm

Texas Grandfather.

I also support Law Enforcement, Courts. Prosecutors who want justice for Victims and their families. our Constitution and the peoples right to know. And the people didn’t even have to do any digging to uncover this shady behavior. Ramos interview with Randi Kaye (see above)

Sheriff John McMahon. “The award recognizes the hard work and endless hours of dedication to bring the investigation to a conclusion for the family,”

Well its just… Here pick one
deplorable, disgraceful, discreditable, despicable, wrong, bad, shameful, dishonorable, objectionable, opprobrious, inexcusable, unjustifiable;

PS. lol Texas Grandfather.. I happened across one of your comments from Dec 28 2013 where you said that Summer and Joseph’s phone were not pinging of the Bonsall Bridge tower because the phone isn’t going to ping unless the phone is being used. Thank you.. You are the only one that has said this and it is so true. Drive me crazy when I read Summer’s phone pinged for 2 days at that tower. This information came from a pest control agent / fake PI and it still seems to be information that most people believe to be true.
Alli says:

November 3, 2015 at 4:10 pm

Gold prospector, wasn’t Susan the one who secured the pest control agent/fake PI that you’re talking about? Why would she bring in a fake?
A Texas Grandfather says:

November 4, 2015 at 11:34 am

Ok Gold prospector, I choose the second meaning of the word opprobrious from your list.

The information about the phone from a less than stellar source is exactly how misinformation is sometimes taken as truth.

It is amazing how much misinformation about how phone systems actually work is about in the general population. Of course the cell tower system in use today is constantly changing as electronics and the LTE (Long Term Evolution) designs advance. A major portion of the country is still at level(generation) three while large metropolitan areas have access to level four.

In use does not mean that the phone is used for conversation. It simply means that it is turned on and has battery power to search for a tower. That is how the phone visually indicates the signal strength with the bar icon. Some phones also have a GPS function that must be updated as the phone moves its position or not.
Gold prospector says:

November 5, 2015 at 2:30 am

I just cant believe that SDSD didn’t use one of the many LPR’s (License plate readers ) that the county has mounted everywhere. San Diego has more LPR’s than any other county in Calif. They keep those records stored for years but a quick check in the beginning with all the players license plate numbers would have really been something to see. There is no way that the Trooper went from Fallbrook to the border without getting snagged by a camera. If they knew the exact time the Trooper was parked then everything else would have fallen in to place. Or at least gave them a starting place.

Hold on- don’t they only get flagged when precipitated by some police report or ongoing investigation?
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Gold prospector says:

November 5, 2015 at 2:35 am

Alli you may be right I don’t really know who brought that guy into this. Missing in America Jerri said she hooked Patrick up with that guy of course she said she was going to keep his name a secret which is stupid, Then Mike kept telling Nancy Grace that he was just a really good friend down in Baja who found the bogus sighting, Then it was Susan hired a PI .. Also the fake PI is RI3 which was a fake rescue and the web site was only up for a year when he was supposedly working the McStay case. This is the craziest case ever. But I cant stop trying to figure it out though all the manure
Gold prospector says:

November 5, 2015 at 2:49 am

Forgot the links that back up my words lol

https://web.archive.org/web/20130910150242/http://ir3.org/new-cell-tower-info-shows-the-missing-mcstay-family-was-in-bonsall/

http://edition.cnn.com/TRANSCRIPTS/1311/15/ng.01.html
http://www.missingpersonsofamerica.com/2013/11/who-killed-joey-and-summer-mcstay.html
https://leadferret.com/directory/person/james-spring/16888446
A Texas Grandfather says:

November 5, 2015 at 11:42 am

Gold Prospector

Since you are local or near local, you may be able to determine the process and procedures for accessing data captured by the county LPR. Since video captured on a camera can be transferred to some storage medium, tape or VDR, there has to be in place a method for searching by license plate, time or other criteria. Another thing to determine is how the system is organized for operation and data transfer.

If LE does not have access to the data without an investigative warrant, this could provide a time constraint on using the system. This would mean that a court must have enough information to issue a warrant. If not, or if the system is available to LE at any time, IMO this system becomes a valuable tool in locating vehicles and their occupants. The search techniques must be robust enough to search by license plate,time and other criteria.
Gold prospector says:

November 10, 2015 at 3:35 am

Texas Grandfather. You don’t need a warrant, It is available for all law enforcement agencies in our county to use whenever they choose. They are kept for 2 years before they are removed. I did extensive research on those LPR’s when the Hannah Anderson case went down LOL Extensive. They used some LPR’s in tracking the movements of DiMaggio’s car. It is what it is I guess but It frustrates me.
A Texas Grandfather says:

November 11, 2015 at 5:14 pm

Don’t be frustrated GP about the use of the LPR data. It is fairly new or recent technology. LE often are not taught about a new technology and how to effectively use it when it first becomes available. It also may not be accessible in some areas in “real time” or in near real time such as a few hours or a day.

In a high density traffic area such as California coastal areas, the amount of data collected is probably enormous creating a storage and retrieval problem.
Gold prospector says:

November 14, 2015 at 2:09 am

Yes your right Texas Grandfather.. Regarding the LPR’s. It is what it is. Now I can obsess about how the popcorn bowl got on the futon after Chase removed the cover to wrap Joseph’s body in. LOL

IKR.
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Alli says:

November 14, 2015 at 4:02 pm

From all indications the futon was in place when Dugal entered the home on the 15th.

As taken from the warrant:

“After entering the house, I noticed in the living room there was a small couch with two small bowls that were half filled with popcorn. The popcorn was slightly spilled near the bowls.”

From Joe Nelson, The Sun, who was in the courtroom during testimony:

Inside the home, DuGal noticed two bowls of half-eaten popcorn on the living room couch and a carton of eggs and bag of microwave popcorn sitting on the kitchen counter.

http://www.sbsun.com/general-news/20150123/four-mcstay-search-warrants-unsealed-in-san-diego

Dugal refers to the futon as a couch. Usually couches are upholstered. Would Dugal even think about a missing cover for a couch? Dugal never mentions a missing cover until the prelim. Did he take this from McGyver’s statement? McGyver stated the futon was on the floor, out if its frame, and missing its cover when he was at the house on Feb. 17, two days after Dugal. It leaves the question, who tampered with the futon between Feb. 15 when Dugal saw it in place and the 17th when McGyver described it differently. One can conclude whoever tampered with the futon must have removed its cover. Who was in the home during these two days?

Fwiw Alli- we have not seen all the SW’s (and likely never will) from SDCSD.

I also think Mr. McGyver should be very careful not to embellish his witness testimony whatsoever. I am not suggesting he did, but immediately following Merritt’s arrest he posted on FB (para) that he was called to be there when Merritt was painting (or present) because they were afraid of him. That never happened and I can tell you McGyver never once said any such thing to anyone, and to my knowledge there is no evidence that CM ever painted at the residence during the time in question.

I can understand completely wanting to help the case against the person who killed one’s dear friends and their children- but in several cases I have seen that help a defense more than anything.
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Gold prospector says:

November 20, 2015 at 2:45 am

ihttps://www.facebook.com/mcGyverJMcCargar?fref=ts

Pfffffft ! Bizarre,

Here he is talking about Chase and the McStays…

“Looking forward to hearing the detail as it goes to trial.. Would b ironic and a testament to Summer’s intuition, as this guy was specifically the reason she called me week b4 to complain, and reason they had me come out to their house those days prior .. he likely knew I wouldn’t b there the Thursday they were reportedly killed.”

“Amazingly my friends specifically called me out to their house days b4 cause this guy rubbing them the wrong way.. Maybe I thwarted his plans two of those days I met him in their house. They definitely felt this guys evil energy, but who fathoms a plot that includes kids as well”
Gold prospector says:

November 20, 2015 at 2:54 am

It would be nice if we knew what color paint was in the paint tray when Detective Dugal did the walkthrough on the 15th before the warrant. According to McGyver (lol) He was finished with the living areas which was painted a tan color and was now onto the kitchen but needed one more day to finish, which would have been on that Friday . So if the paint in the tray was a tan color there might be something to a clean up by the perp. But if it was white the color of the kitchen then I don’t think they can make that claim. What say you Blink ?

I can say that to my knowledge the only areas still taped for painting were the kitchen trim.
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Gold prospector says:

November 20, 2015 at 3:02 am

comments made by merrit – posted at his interview with the Daily mail

Icare, Hesperia, United States, 4 days ago
It was over a weekend if I’m not mistaken that I tried to contact Joseph so my concerns weren’t really justifiable till after. Which I followed up on.

Icare, Hesperia, United States, 4 days ago
Joseph didn’t leave a message when he called me at a bit after eight. I could not have sold Joseph’s business. I did his water features but our businesses were separate entities. Yes I believe Dan cave sigh gained access to Joseph’s accounts through the pay pal accounts. I am not certain he stole any funds. That will have to be determined by investigators.
640Click to rate
Gold prospector says:

November 20, 2015 at 3:13 am

Chase …………………… Icare, Hesperia, United States, 1 year ago

The man that said Joseph couldn’t afford rent Ida a liar. Very misinformed or just wants his 5 minutes in the spot light. The small bit of trouble with his landlord if I remember correctly was because of his very large dog. And a parking issue. Nothing more. Joseph paid his bills. This man is but a tenant in Joseph’s old place. and Joseph’s money didn’t come suddenly. He worked his but off for what he had and doesn’t deserve to be speculated about. I know this first hand. And as far as micheal is concerned, again I say, no one is perfect. I am sure he has regrets of not acting faster on the information but so does the rest of the family I’m sure. Hindsight is 20-20. At the time I was very concerned but I only tried to prompt them to call authorities and didn’t act on it myself as soon as I probably should. I, of course have regrets but its not going to help us find the one or ones that did this horrible thing to this family

Well the landlord did take Joseph and Summer to small claims court and said they had a verbal agreement but no rent was paid for Aug. Sept, and Nov.

If Chase wasn’t in Jail going to trial for the murders I would say that his comment above would be kind of sweet . He was protecting his friends reputation about not paying his rent, but now reading it I don’t know what his motivation for writing it was. The prosecution has to step up big time to pull of a conviction here IMAO.
Alli says:

November 22, 2015 at 9:05 pm

Blink this information is showing on the court calendar. Do you know what it’s about? What does this mean? TIA

11/24/2015 8:35 AM
DEPT. S21

Ex-Parte Hearing: RE OSC for Contempt

OSC= Order to Show Cause and contempt would be a failure of an order by some party to respond/comply ( for the most part). In general, if a subpoena is considered too broad, a motion to quash would be filed, so if I am betting person someone is failing to comply with a standing order we may or may not be privy to. You can only file a motion for OSC with an affidavit for cause including the copy of the order the party is alleging “contempt” of.

I haven’t reviewed the docket lately, but as I recall Judge Smith only logs media orders on the docket, not all the others in the course of due process per case.
B
Gold prospector says:

November 28, 2015 at 6:22 pm

Do you have any idea how the prosecutor is going to say that it was a truck like the one Chase owned backed in then leaving at 7:45pm ? It should be the Trooper parked in the driveway because San Diego said that Joseph made it back to Fallbrook according to Joseph’s ping data and San Bernardino also must be going along with this because they said all 4 were killed in the home. I don’t see a reason for the Trooper to be parked on the street.

No, because I dont believe they have a witness who can testify as an expert conclusively what make and model the truck is except to say they can id the exhaust and reflective material potentially. For me (as you know) I do not believe Joey ever made it home to Fallbrook. I believe we will see some changes in the States theory as this heads to trial.
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Gold prospector says:

November 29, 2015 at 12:52 am

I don’t know if trivia is welcome here but during this down time it may be interesting to some it was to me.

Sonny was preceded in death by his
grandsons, Joseph (Summer) McStay and Robert Ashley Jr
.; and great-grandsons, Gianni and Joseph McStay

http://www.newcomerakron.com/obituary/110467/Harwood-E-Ashley-Jr/Akron-Ohio

– Plaintiff —
ID
STATE OF OHIO

– Defendant —
ID
ROBERT A. ASHLEY
4391 MAPLE PARK RD.
STOW OH 44224

POSSESSION OF DRUGS – CRACK 1 F 5 08/25/2008

Bindover 2925.11(C)(1)(A) POSSESSION OF DRUGS – CRACK 1 F 5 08/27/2008

Indicted 2925.11(A)(C)(4) POSSESSION OF COCAINE 1 F 5 09/09/

Convicted 2925.11(A)(C)(4) POSSESSION OF COCAINE
Confirms this is the right Ashley…

http://www.advancedbackgroundchecks.com/harwood+ashley/122326185

So was this Joeys cousin? How odd the Grandfather dies on the year anniversary.
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Gold prospector says:

November 29, 2015 at 12:14 pm

No this is Joseph’s father, Joseph also had a brother Robert Jr. but in his Grandfather’s obit it said he was preceded in death by both Joseph and Robert Jr. So Jr. died at sometime but I cannot find an obit for him. The brother before he died also has a long rap sheet I thought it was going overboard to give all of the family’s troubles but this above it just one of many. Robert Sr. has many DUI’s and the list goes on. Joseph has another brother maybe two one is named Troy and he seems to be the white sheep no rap sheet . I would like to say that Joseph was so lucky to not have been raised by this man but now with the outcome before us its just so tragic all the way around.

To clarify for readers: The obit is Joeys Grandfather, the criminal record is Joeys birth Father.
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Gold prospector says:

November 29, 2015 at 12:48 pm

Yes.
Gold prospector says:

November 30, 2015 at 3:44 pm

http://jail.com/search/OH/ashley/robert

Mugshots
A Texas Grandfather says:

December 1, 2015 at 10:44 am

Gold Prospector

Your interest in the License Plate Reader technology and how they may be used in assisting LE raised my curiosity and I spent some time doing research.

The technology was first developed in England in the mid-seventies as an adjunct to the program of video surveillance in London. The first LE use in a case was 1981.

Like all technology developments, it was a trial and error process regarding camera and reader improvements as well as the necessary software to control the equipment. The reader portion was based on optical character recognition. Quality OCR applications during the 1980′s and up to the mid-1990′s were hard to build with small microprocessor based computers.

There are ten or more states that have used the technology for various tasks such as traffic control, payment systems for toll roads and of course LE.

One of the problems for LE is the fourth amendment to the constitution where it is unlawful for search and seizure without a proper warrant. The states that use such systems in LE have crafted legislation that controls who has access and the training to be able use the equipment. The state legislation also sets a period of how long the records may be stored and for what purpose the information may be used. The state of Vermont is currently working on new legislation regarding the storage time. The driving force behind that is from the use of the information for helping to solve cold cases. They are discussing the storage of data for up to twenty years obtained from systems on public roadways.

The value and timeliness of this technology for LE was demonstrated in the recent case in Virginia where the crazy black guy shot and killed a TV reporter and her camera-man including wounding the person being interviewed. The guy was quickly captured with the use of LPR technology.

This technology is being used for a multitude of security and payment systems. LE is using it in patrol cars for finding stolen vehicles. There are also systems available to LE that may be set-up on a tripod like surveyors use along a road or freeway ramp with a wireless connection to a nearby vehicle that has a computer and software to identify a known license plate.

I am not going to bore you with the technology that makes it all happen, but I did spend time digging into it. There are units that use infra-red cameras for night or low light conditions.
Gold prospector says:

December 1, 2015 at 11:53 am

Well if there is anyone who can get around our constitution and our fourth amendment it is going to be SD and SB. OK ok add sarc to the end to soften the blow. Thanks for the info Texas Grandfather. Interesting
CC says:

December 4, 2015 at 8:31 am

Blink, I often go back to re-read some of your replies. You have great insight and logical in your thinking…not much of that around these days.
This is an old post you had made. Is there any way you would elaborate further on this?? I’d really appreciate it! Thanks for all you do on ALL the cases you investigate!

I have never interviewed DK personally but
I have seen many of the EIP business
records and correspondences between he and Joey.
In my initial review of this case, I did
develop information that contradicted
what he has stated his role in
company was- using what was an
IM conversation from Jan 2009,
Dan was allegedly organizing
the vendors providing SEO services for the website.
In short- allegedly he was responsible for the eip site’s google ranking.
I don’t know if he was writing any of the code,
but as I passed on to SBCSD then- if he was the one responsible “still” for same during the time
after that dispute and shortly thereafter- he was actually doing the opposite for the site. I don’t
know why, but he was. I found that particularly odd. So if he is intentionally “hiding” the EIP site-
why is he pulling money out to pay himself for services he did not do. quite the opposite.

CC- I prolly can’t elaborate at this point- I don’t know the ultimate relevance to the case.
B
Gold prospector says:

December 8, 2015 at 8:34 am

http://sbcsentinel.com/2015/07/forum-or-against-em-35/

Written by one of our local newspaper columnist, This is a snip go to the link above for the article

If, indeed that is the monster that Mr. Merritt is, then establish it for us to know, conclusively. Do not dangle a fact here and a fact
there that seems to suggest he is guilty but upon closer examination when other information comes
available has no probative value. Do not talk

in mysterious tongues of circumstantially
incriminating factoids, when a similarly selective showing of so-called “evidence” would implicate anyone, or just about
anyone, you, me, the guy down the street, the garbage man, the local drug dealer or maybe even the prosecutor himself.
The district attorney’s office is hiding something. I don’t quite know what it is hiding, but it is hiding something or several
somethings. What it is hiding just might be that the case against Mr. Merritt is nothing like what its prosecutors are suggesting.
Maybe it is hiding the ball from the defense, which by the way, isn’t kosher. If that is the case, that could get Mr.
Merritt sprung

I am confused GP- that is a fake name, and if posted on the 5th, the writer is not even aware of the demurrer outcome?
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tiberious says:

December 8, 2015 at 5:43 pm

Can you please explain the outcome of the demurrer and how it affects the case?

Thank you.

Hi tiberious- short answer based on post demurrer- it had no bearing on the instant matter.
In my view ( and prob could be viewed as a young lawyer gaffe) it was designed to change jurisdiction in an effort to force SDCSD discovery- which we all know is a hot mess. SBCSD having jurisdiction DOES give them a level that they can pick and choose investigative discovery as a result ( theory). As far as the possible outcome affects- I think it is fair to say that the ability (potentially) to exclude SDCSD errors counts as a win for SBCSD.

That said- it is not going to be permitted to be used as a “void” for evidence. The State can walk themselves into that proverbial door. That said- it would not make sense to me to mount a LE incompetence strategy when there is no inculpatory forensics I am aware of.

B
Gold Prospector says:

December 9, 2015 at 5:26 pm

sbcsentinel.com/wp-content/uploads/2015/08/Sentinel-08-21-15.pdf

Page three please. He is not fake he is very much legit

Are you asserting that is not a pen name, but an actual real journalist? I ask because there is a disclaimer underneath, this is a common stringer thing.

Personally, I don’t quibble with the contents, just the date because it did not contain current information?

On that note, by stipulation due to the return (finally) of Verizon’s subpoenas to the defense, CM status hearing reset to 12/17. Turned over in eDiscovery to the State so you can be sure defense intends to use it for exculpatory purposes. Holding off on the rest for now.
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Alli says:

December 15, 2015 at 5:09 pm

Blink, do you know why the case has been reassigned to the SBJC District?

sorry, just saw this, there is nothing in the docket to indicate it could simply be anything other than dual scheduling or a convenience issue- this case has not had the coverage or media outlet filings you typically see if s venue changes due to size for the gallery, etc and if it were plea related the family would have been consulted and be aware- I am not hearing that. That said, I do expect the flurry of pre trial motions to begin and those file entries run days behind I have noticed.

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Alli says:

December 17, 2015 at 12:40 pm

Thanks, Blink! There is another pre-trial hearing today. Could you please post any updates. TIA
Gold Prospector says:

January 18, 2016 at 7:18 pm

Good day .. So is there a strategy going on with this last hearing ? Is this a defense ploy ? A defendant ploy ? Or is it just exactly what went down, Chase wants the case to move along faster ect ?

Thanks

well, it doesn’t make me comfortable Merritt is entirely confident with his counsel.
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Gnarley says:

January 19, 2016 at 12:00 am

If Joseph never made it back home (which logically and logistically makes more sense for the perp), how do we account for him being wrapped in the futon cover?

Also, as an aside, I’ve always wondered if

I don’t believe it is the futon cover, at the very least, I do not believe it can be testified to as such. That said, I am on record that I do not believe Joey ( or any of the family but I base my argument specifically on him) was killed at the home. A lack of evidence is not evidence and I think that many people miss that concept.
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Alli says:

January 19, 2016 at 8:51 pm

Maline and another of Chase’s attorneys are currently involved with two other cases in CA. Maybe Chase believes they aren’t spending enough time on his case and it’s the reason for the delays in getting to trial.

It certainly could be, I agree. However, that issue should and regularly is, handled without an ex parte hearing from the defendant.

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Gold Prospector says:

January 27, 2016 at 12:33 pm

Do you think this is a pre planned game of chess where Maline and Call being the end result as planned by all players awhile ago. Or Chase is an egomaniac with a side of dumb

Yes and Yes.
I think Mettias played it fast and loose and was not qualified to take this case to begin with.
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Gold Prospector says:

January 28, 2016 at 1:27 am

Do you know why SB would bring someone out of retirement to test the DNA on just this case?

link please?
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Alli says:

January 28, 2016 at 5:48 pm

Blink, the comment about a retired criminalist coming out of retirement was discussed at the preliminary hearing.

Page 71 of Preliminary Transcript

1 Q And did that include, in this case, the buccal swab
2 collected from the defendant by Detective DuGal?
3 A It did.
4 Q And did it also, does that also include the swabs from
5 the steering wheel, the heater and AC control, the radio control
6 and the gearshift in the Isuzu Trooper?
7 A Yes, sir.
8 Q Did you speak to someone by the name of Don Jones?
9 A I did.
10 Q Who is Don Jones?
11 A Don Jones is a retired criminalist. He was employed by
12 the County of San Bernardino as a criminalist for over 20 years.
13 During the course of his assignment he was assigned to process
14 DNA at our Sheriff’s Department crime lab.
15 Q Did you ask him in this case if he — or did he do the
16 DNA analysis in this case?
17 A He did. Mr. Jones was actually assigned specifically to
18 this case. So, any evidence we needed processed went directly
19 to Jones for processing.
20 Q Did he receive the buccal swab of the defendant that was
21 collected by Detective DuGal?
22 A He did.

(Con’t.)

Thanks for the reminder- so he is just retired prior to pendency of the case and would need to testify to his role now that his work is discovery. I would have to check his creds- he may be qualified to be an expert at trial as well. I am not sure why anyone believes CM will be permitted to represent himself in a quadruple homicide capital case- he will not.
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Lynne M. says:

January 29, 2016 at 2:45 pm

The judge has already said he’ll allow Merritt to go pro per so why are you thinking it won’t be allowed?

Lynne- I put your hat back on

Merritt called Atty Call personally and asked about representation- this is a quadruple homicide case in which a death penalty notice has been filed. CA v Farretta may be cited- but at the very least Judge will appoint advisory counsel… And do you really think CM is going to go it alone?
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Just Me says:

January 29, 2016 at 10:18 pm

Thanks for the hat, it’s been a while.

I kind of think Merritt is arrogant enough to think he’s got this. Save for the technical aspects who knows this case better? He’s got 23 hours a day to sit in his cell and read and read… I think he’d be a fool to rep himself but I also think it was a foolish move to part ways with the attorneys that were already on board, especially if Maline isn’t assigned to the case as Merritt is hoping. I guess we’ll find out soon enough.
Just Me says:

January 29, 2016 at 10:19 pm

Sorry about the hat again. My tablet has a bad memory.