Also serving the communities of De Luz, Rainbow, Camp Pendleton, Pala and Pauma

Merritt trial trudges on without lead defense attorney

The murder trial of Charles “Chase” Merritt, who is accused of killing a Fallbrook family of four in 2010 and burying their bodies in a San Bernardino desert, started back in early January of this year.

With more than four months of testimony being presented to the jury of eight women, four men and six alternates – along with multiple delays – questions surrounding how long some of the jurors would hang in with the trial had begun to surface.

One of the 12 jurors bowed out Tuesday, April 30, and was replaced by an alternate.

Lead defense attorney James McGee has remained absent from the proceedings due to an undisclosed health issue and has asked the trial to be continued in his absence.

The continued delays to the trial have had an effect on the jurors, with many expressing frustrations. Audible reactions from the juror’s box regarding the delays caused the defense team to appeal to San Bernardino Superior Court Judge Michael A. Smith, hoping he would instruct the jury not to blame the defense team solely for the delays, which the judge did.

“I know it’s frustrating, I assure you it’s frustrating for all of the lawyers,” Judge Smith told the jury Thursday, May 2. “Everybody I think is at a point where they want to be able to conclude presenting all of the evidence so you can finally start to do your job to start to evaluate the evidence.

“I know it’s frustrating, but it certainly isn’t anybody’s fault,” Smith said.

The defense team called forensic accountant Dennis Shogren Monday, April 29, to go over Joseph McStay’s financial records in relation to Merritt.

From December 2010 to July 2011, Shogren testified that there wasn’t any indication in the records that any sales were transacted for Earth Inspired Products Inc. during that time period.

The cross-examination by prosecutor Melissa Rodriguez of Shogren Tuesday, April 30, surrounded around the limited scope of what the accountant did and didn’t look at in the paperwork, according to the prosecution.

Chief forensic analyst Gregg Steutchman returned to the witness chair for cross-examination and another redirect from the defense team.

Shogren returned for more cross-examination and again Wednesday, May 1, for redirect and more cross-examination.

The defense called Sergeant Daniel Hanke to testify about his visit to a paintball facility at Camp Pendleton Aug. 20, 2014.

He testified that he went to the facility to find waivers or receipts indicating that Merritt had visited the facility.

“Because that was information that Mr. Merritt had given to law enforcement, is that correct?” the defense asked over objection from the prosecution that was overruled by the judge.

“Yes, he told San Diego detectives that,” Hanke said.

Hanke testified in a short span of testimony about his visit and the information he obtained, including stating that he is unsure whether or not the waiver signed by Merritt during a visit Dec. 10, 2009, could be or was used during future visits to the facility.

They also reviewed cellphone tower information regarding Merritt’s whereabouts during the time the family disappeared.

The McStay family was last seen alive Feb. 4, 2010, and relatives reported them missing a few days later. In November 2013, the skeletal remains of the four family members were discovered in shallow graves by a motorcyclist in the Mojave Desert.

Records show that all four were beaten to death, most likely with a sledgehammer owned by Joseph McStay.

Prosecutors maintain that greed was the basis for Merritt committing the murders and have said they will be seeking the death penalty in the case.

Defense attorneys said that investigators zeroed in on Merritt early on the case and never looked at anyone else, including former business partner Dan Kavanaugh, who they said had threatened the family due to his dissatisfaction with being bought out of the company by McStay.

A live feed of the court proceedings has resumed and can be watched live at http://www.lawandcrime.com.

The case was scheduled to resume Tuesday, May 7, and Wednesday, May 8, and reports indicated that the defense team expects to rest its case by Wednesday, after press time.

McGee was expected to make every effort to return to court.

Jeff Pack can be reached by email at [email protected].

 

Reader Comments(0)

 
 
Rendered 03/12/2024 03:24