Monday, June 15, 2015

Tweets for Preliminary Hearing - June 15 - Charles Merritt

1h1 hour ago San Bernardino, CA
Joseph McStay's brother + family arrive for prelim hearing of Chase Merritt, accused of killing McStay, wife + sons. 




1h1 hour ago
Merritt has walked into room, dressed in grayish shirt and tie. Conferring with his attorneys. Prelim to start any minute now.


4m4 minutes ago
court just began, both sides agree they are ready to proceed. 1st witness investigating officer taking stand.


1h1 hour ago
Detective says 45 bones, at least 2 from children, were found in desert grave were McStay family bodies found.


1h1 hour ago
Second witness on stand in prelim is Sgt. Jose Armando Avila. He responded to Mcstay grave sites.


  7m7 minutes ago
Investigator called to scene says they found bones in gravesite, ribs, parts of legs and several pieces...

Friday, June 12, 2015

Pre-preliminary Conference - Twitter

1h1 hour ago
Today is pre-prelim hearing for Charles Merritt in the family homicides case. DA here, waiting for defense 

9 am Monday start for preliminary hearing in case for defendant Charles Merritt.


1h1 hour ago
Judge Michael A. Smith set the preliminary hearing for 9 am Monday in Dept. S1.


1h1 hour ago
Chase Merritt in the courtroom. Hearing underway.






s

Thursday, June 11, 2015

What To Expect At The Prelim And Why DDA Sean Daugherty Is A Bad Ass

"When I asked the DA Sean Duagherty, for my own peace of mind, 'I don't need to know what evidence you have so I don't compromise the case, just that you have the physical evidence on Chase Merrit.' DA Sean's response was effortless,"We have a mountain of evidence against Chase, and some of it is circumstantial." - Michael McStay

 

 

                                          Alleged Super-duper killer Merritt with his attorney



With the release of Monday's interview with Merritt's Attorney, Jimmy Mettias, it's no stretch of the imagination to realize the defense is doing damage control ahead of Chase Merritt's preliminary hearing scheduled June 15th.

Mettias said he and Merritt's three other attorneys didn't want to tip their hand, but they had "strong rebuttals" for "very circumstantial" evidence in the prosecution's case, including the belief the family was killed inside their home.

"You could expect the DA will claim, and their position has been maintained throughout, that the murders themselves occurred in the home. They'll rely on a couple of small things they believe would lead them to believe the murder happened at the home," he said. "The problem we've seen throughout this, there's not a shred of physical evidence that would even suggest that a quadruple homicide by bludgeoning people would have occurred inside the house."

Gotta love that Mettias labels the murder weapon, a sledgehammer with paint on it, as a "small thing". The claim is that the paint on the hammer did not come from the home. I guess we'll have to wait and find out.

But I'm willing to believe the prosecution will prove that the hammer did indeed come from the home.

Is this the only argument that the prosecution has against Merritt? Do they have to prove that the McStays were murdered in the home?

No.

One person expected to testify for the prosecution will be an official with QuickBooks, the accounting software company.

"There are some QuickBook transactions that are kind of central to their case in terms of developing their motive," Mettias said, without specifying further.

The claim elsewhere is that Chase Merritt regularly wrote checks to himself and then cleared it so that another business partner would not see it. Really? Is this what Merritt did the night of February 8th? In the past he was always calling Joseph to tell him he needed the money. Did Merritt need money? Why?

Another question, if Merritt needed money why didn't he ask for it on February 4th?

Maybe Merritt did exactly that and Joseph McStay flat out shut him down.

Whatever it was, after that luncheon, the fate of the McStay family would very soon be in the hands of a cold blooded murderer.

So here we are today, 5 days away from finding out what Deputy District Attorney Sean Daugherty will present to the judge to move forward with a trial. Does the prosecution have a weak case?

                                                   DDA and Legal Badass, Sean Daugherty

Let's look at some other cases that Daugherty has been involved with, one still pending trial.

From a link that is now dead:

 Barstow , Ca

 Jurors got a first look on Tuesday at the extensive injuries a Barstow couple is accused of inflicting on the man's 3-year-old son, injuries that resulted in his death.
 

Thomas Othy Darthart, 26, and Moy Yamill Ellis, 31, are charged with murder, torture, assault on a child resulting in death, and cruelty to a child resulting in death in connection with the death of Thomas Timothy Fredric Darthart in 2006. They are also facing the special circumstance that torture was inflicted, causing a victim to die.
 

Deputy District Attorney Sean Daugherty highlighted the list of injuries that the child received during his opening statement Tuesday. Daugherty's opening statement included a slideshow of photographs, taken at the Darthart home and during the autopsy, that showed cuts, bruises, and burns to a large portion of the child's body. Several jurors shook their heads and Darthart glanced backwards at the screen throughout the slideshow.
 

Daugherty also played a 911 call, from Sept. 5, 2006, in which Darthart tells the dispatcher that his son was unresponsive, but breathing. Darthart claimed that his son had hit his head in the bath the night before and needed CPR, but that he put him to bed afterward.
 

Ellisa attorney, Robert Amador, followed Daugherty and told jurors to remember the definitions of the charges his client faces. Amador also questioned the Barstow Police Department's investigation and said that they incorrectly focused on Ellis instead of Darthart.
 

"You'll hear witnesses say things about Moy Ellis during the trial, but no one saw Moy Ellis do anything" Amador said. "The police thought she did it and were hellbent on proving it."
Darthart's lawyer, Paul Henderson, did not present an opening statement to the jury.

 

Daugherty called Alan Gilbert and Kasey Tubbs, emergency medical technicians that were the first to respond to the 911 call, to the stand after the opening statements. Both witnesses testified that the child had no heartbeat, wasn't breathing and was cold to the touch when they arrived at the scene.
 

Darthart's son was found dead on his birthday, Nov. 5, 2006, after police responded to a 911 call on the 1300 block of Nancy Street, according to a Barstow Police Department report from 2006. The report stated that the child was found on a bed in the house with severe external and internal injuries.
 

The police investigation concluded that the child's injuries were purposely caused by one or both parents and that both parents knew about the injuries, but didn't seek medical aid for him.
Officers arrested Darthart and Ellis on Nov. 5, 2006. Ellis' daughter, 9 years old at the time of the incident, was taken into protective custody at the time.

 

Darthart and Ellis are both being held at the West Valley Detention Center in Rancho Cucamonga on $1.5 million bail.

Darthart/Ellis Verdict

 Chiapulis

Razario - PDF

Red Mountain


The Death of Erin Corwin


                                                        Christopher Lee and Erin Corwin                  

The Erin Corwin case is a very important one. Sean Daugherty is currently the lead prosecutor of the charged defendant, Christopher Lee. Lee is charged with murdering Corwin, his then pregnant girlfriend, and disposing her body down a mineshaft.

Here is a link regarding the preliminary. Read very carefully about the evidence.

Erin Corwin

New details about Corwin's death, including her oblivious text messages, were revealed during a lengthy court hearing on Thursday at the courthouse in Joshua Tree. The "preliminary hearing" determined that the case against Lee was strong enough to proceed towards trial. 

Testimony included the first-ever information about Corwin's cause of death and the physical evidence against Lee.

Corwin's text messages were read aloud during the testimony of Jessica Trentham, a close friend who spoke with her shortly before her disappearance. When Corwin told her about the desert trip, Trentham asked Corwin if she was expecting Lee to give her an engagement ring.
"She said maybe," Trentham. "With lots of exclamation points."

Corwin's texts included one more foreboding detail. According to Trentham's testimony, Corwin said that Lee had planned the desert trip as a romantic getaway, but he also expected to do some hunting, so he would bring a gun, and he might have to pull it out "for a few minutes."

Erin's Texts
 "It apparently takes two hours just to get there. A long slow drive. Good talking time, though.”

“I seriously don’t know why he would drag me to a very special place … for a dumb surprise."

"He said the location is only half the surprise ... He's not sure how I'm going to react."

So why are these texts important? No one really knew about the texts before the preliminary. It's smart for the prosecution, as well as the defense, to keep evidence close to the vest in any case. For the most part, evidence that has been leaked has been from the defense.

Also not the Garrote that was located in the mineshaft with Corwin. Sound familiar?

But what about evidence that the Merritt legal team doesn't want you to know about? You will hear evidence on June 15th and rather wished you didn't know. That is how preliminary hearings work.

Why are these cases and Sean Daugherty important to the McStay case? Because Daugherty does cases that involve children. Because the people he's prosecuted harmed and killed completely defenseless people.
The family being buried in the desert seems to have a common thread with cases Daugherty has worked.

Whether it is small children, an elderly woman brutally raped and murdered, an ailing parent murdered by his own son, or a murdered young lady carrying child thrown down a mineshaft, Sean Daugherty takes each case seriously and passionately as if it's his own family who's been attacked.









Tuesday, May 19, 2015

Preliminary Hearing - Charles Ray Merritt -Tweets

Case FVI1404194 Defendant 505412 MERRITT , CHARLES RAY

Action: PRELIMINARY HEARING   Date: 05/19/2015   Time: 9:00 AM
  Division: S1 Hearing Status: DISPOSED

MICHAEL A SMITH, J-JUDGE
CLERK: DOLORES AMADOR
CERTIFIED COURT REPORTER: TW-THERESA WOLFE CSR# TW-6024
BAILIFF STEPHENS
-
-
APPEARANCES
SPECIAL APPEARANCE BY DDA MICHELLE LAURON FOR DDA SEAN DAUGHERTY.
DEFENDANT PRO PER.
DEFENDANT PRESENT IN CUSTODY.
ATTORNEY DAVID CALL PRESENT ON BEHALF OF DEFENDANT
AS ADVISORY COUNSEL.
ATTORNEY JIMMY METTIAS PRESENT.
-
-
PROCEEDINGS
ACTION CAME ON FOR PRELIMINARY HEARING
-
-
9:15
OFF RECORD, COURT AND COUNSEL CONFER IN CHAMBERS
-
-
9:30
IN CAMERA HEARING HELD.
DEFENDANT PRESENT IN CUSTODY.
ATTORNEY DAVID CALL PRESENT.
ATTORNEY JIMMY METTIAS PRESENT.
-
-
9:52
IN-CAMERA HEARING CONCLUDED.
HEARING IS ORDERED SEALED AND CONFIDENTIAL.
-
-
COURT RECONVENES ON THE RECORD IN OPEN COURT.
THE COURT STATES THAT DENFENDANT WAS BROUGHT TO COURT THIS MORNING WITHOUT HIS CASE FILE. THERE IS A POTENTIAL ISSUE REGARDING REPRESENTATION. PROSECUTION ADVISES THAT THE ASSIGNED DEPUTY DISTRICT ATTORNEY IS ILL TODAY.
-
-
FOR THESE REASONS - PRELIMINARY HEARING IS CONTINUED.
-
-
RECESS DECLARED BY THE COURT.
-
-
10:39
COURT RECONVENES ON THE RECORD.
IN-CAMERA HEARING IS HELD.
DEFENDANT PRESENT IN CUSTODY.
COUNSEL NOT PRESENT.
-
-
11:00
IN-CAMERA HEARING CONCLUDED.
HEARING IS ORDERED SEALED AND CONFIDENTIAL.
RECESS DECLARED BY THE COURT.
-
-
HEARINGS
HEARING CONTINUED TO 05/22/2015 AT 9:00 IN DEPARTMENT S1.
DEFENDANT ORDERED TO APPEAR ON HEARING DATE.
-
-
TIME WAIVERS
TIME WAIVER PREVIOUSLY GIVEN.
TIME WAIVED TO 06/18/2015.

 

 

Hearing continued until Friday, May 22, 9:00 AM. Charles Merritt has a tentative new attorney who has to get up to speed. He had a Dr.'s appointment this morning and couldn't get his case file. Cannot proceed without it. DA Daugherty is ill. 

 

Patrick McStay at hearing:

 

 

 

Prelim for Chase Merritt in McStay case postponed again. Merritt may hire attorney.

 


Joe Nelson ‏@SBcountyNow · 15s15 seconds ago
#Merritt no longer representing himself. He now has an attorney representing him. 



Tom (T.J.) Wait @CBSLATom · 8s 8 seconds ago
Merritt back in court. Waiting to find out if the hearing will begin...
 


Text from courtroom: They won't let public in yet. Just family and press so far. Randi Kaye is in the courtroom.


1h1 hour ago
A family of four taken from their home and murdered, then buried in the desert... Justice for the family 






1h1 hour ago San Bernardino, CA
Family of Joseph waiting to enter court at murder trial of happening now











1h1 hour ago
Relatives of family have arrived for Chase Merritts murder prelim. Hes accused of killing fallbrook 



family.



 Chase Merritt was in the hospital yesterday. We don't know if he'll be in the courtroom today. Patrick McStay is attending the hearing.

 ·  1h 1 hour ago
 Members of family huddle for prayer outside courtroom.






Thursday, May 14, 2015

Charles Merritt Pre-preliminary Conference Livestream

NO Live streams today, so we'll tweet the hearing. My apologies.



The Honorable Judge Michael A. Smith approved two pool cameras and internet reporting motions so the hearing for the Pre-preliminary will be live-streamed starting at 8:30 A.M. Pacific on May 15, 2015:

http://abc7.com/live/

http://www.nbclosangeles.com/on-air/as-seen-on/KNBC-Live.html

http://www.utsandiego.com/tv/

These are the live streams I have found so far but will update as more information becomes available.

Not finding any Live Streams, so I may have to use Twitter.


Bailiff just instructed family & friends of both victims and Merritt to sit on opposite sides of the courtroom.

Pre-preliminary hearing about to begin for family murder suspect Charles "Chase" Merritt.



Chase Merritt now in courtroom. Hearing should begin shortly.




 

 



DP Anneli Fogt@DP_anneli_fogt
Merritt says he is ready for Tuesday preliminary hearing. Estimated 1-2 day preliminary hearing



DP Anneli Fogt@DP_anneli_fogt
Prelim will be Tuesday, if unfinished it will conclude on Friday







DP Anneli Fogt@DP_anneli_fogt
Judge telling Merritt he is allowed preliminary hearing that is uninterrupted. May have to move hearing so it is not continuous



12m12 minutes ago
Looks like Merritt prelim a go next week. Will start Tuesday



now
Judge Michael Smith set preliminary hearing Merritt for 9 am Tuesday.



Prosecutor Sean Daugherty said he would need at least a day and a half to 2 days to present evidence.



1h1 hour ago
Merritt is fine with split days for prelim. In Judge Michael A. Smith has a trial starting Monday in another case.




Photo published for Merritt: Investigators 'made errors'




Daugherty will present during preliminary hearing the prosecution's key evidence against

waived his right to a continuous preliminary hearing and agreed to return to court next Friday for remainder of prelim.



Case FVI1404194 Defendant 505412 MERRITT , CHARLES RAY


Action: PRE-PRELIMINARY CONFERENCE Date: 05/15/2015 Time: 8:30 AM
Division: S21A Hearing Status: DISPOSED

MICHAEL A SMITH, J-JUDGE
CLERK: DOLORES AMADOR
CERTIFIED COURT REPORTER: TW-THERESA WOLFE CSR# TW-6024
BAILIFF STEPHENS
-
-
APPEARANCES
SPECIAL APPEARANCE BY DDA BRETT IMES FOR DDA SEAN DAUGHERTY.
DEFENDANT PRO PER.
DEFENDANT NOT PRESENT.
DAVID CALL PRESENT ON BEHALF OF DEFENDANT AS STANDBY COUNSEL.
-
-
PROCEEDINGS
ACTION CAME ON FOR PRE-PRELIMINARY HEARING
-
-
PARTIES ANNOUNCE READY FOR PRELIMINARY HEARING.
DEFENDANT WAIVES RIGHT TO A CONTINUOUS PRELIMINARY HEARING.
ESTIMATED TIME: 1 1/2-2 HOURS
-
-
HEARINGS
EXISTING DATES CONFIRMED.
PRELIMINARY HEARING SET FOR 5/19/15 AT 9:00 A.M.
DEPARTMENT S1.
DEFENDANT ORDERED TO APPEAR ON HEARING DATE.
-
-
TIME WAIVERS
TIME WAIVER PREVIOUSLY GIVEN.
TIME WAIVED TO 06/18/2015.
-
-
CUSTODY STATUS
CASE CUSTODY - IN CUSTODY
============= MINUTE ORDER END ================


A commenter kindly left this in the comments:

Chase spoke with a CBS reporter.

Tom (T.J.) Wait ‏@CBSLATom · 54m54 minutes ago
Jailhouse interview with Charles Merritt (Man accused of killing #McStay family): As he said today in court... http://fb.me/2W2K2Bjc1



Jailhouse interview with Charles Merritt yesterday (Man accused of killing ‪#‎McStay‬ family): As he said today in court today, he's ready for his prelim to begin. Merritt said he will remain his own attorney for now and has no regrets about representing himself. He has a legal advisor and says he may decide to let the advisor represent him in the future. Merritt says all options are on the table.

He remains in protective custody at the West Valley Detention Center, segregated from the other prisoners... maintains his innocence... he would not reveal any of the evidence that he's reviewed as part of the case (he said he's analyzed 11-thousand pages of evidence).

I asked Merritt -- if he didn't do it, who did? He said no comment.

I also asked if it bothered him that the McStay family thinks he is the killer - he again said no comment. Same answer when I asked, if you are exonerated, will you try to make amends with the McStays?

He appeared healthy - despite earlier claims that his health was rapidly deteriorating. He was in good spirits. He stays motivated and focused because he has no other choice.