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By Jeff Pack
Staff Writer 

Merritt's sentencing delayed, lead attorney asks to withdraw from case


Last updated 9/27/2019 at 10:57am

Courtesy of Law & Crime Network - file photo

Charles 'Chase' Merritt was convicted of murdering the McStay family of Fallbrook in 2010.

SAN BERNARDINO - James McGee, the lead attorney for Charles "Chase" Merritt filed a motion to withdraw as counsel, citing a conflict of interest, for the man convicted of first-degree murder in the killing of all four members of the McStay family of Fallbrook back in 2010.

On Friday, Sept. 27, Superior Court Judge Michael A. Smith ruled that Merritt's final sentencing will be delayed until Dec. 13 and that defense attorney Rajan Maline will continue to represent Merritt.

According to reports, Judge Smith ruled that the defense needs more time to file motions to reduce Merritt's sentence and for a new trial. The judge said a hearing would take place on Nov. 1 to deal with McGee's motion to withdraw from the case and any motions regarding the case would be heard on Dec. 13.

San Bernardino County Supervising Deputy District Attorney Britt Imes was in opposition to the ruling.

On June 24, a jury recommended Merritt be put to death for the murders of Summer McStay and her two young sons, but recommended life in prison without parole for the murder of Joseph McStay. Two weeks earlier, they found him guilty of murdering Fallbrook's McStay family with special circumstances on all counts.

Merritt was found guilty of bludgeoning to death Joseph and Summer McStay and the couple's young sons – 4-year-old Gianni and 3-year-old Joseph Jr. – in 2010 and burying their bodies in a San Bernardino desert.

The family's remains were found buried in shallow graves by a motorcyclist three years later and Merritt was arrested by San Bernardino County Sheriff's Detectives a year later in 2014.

After he was arrested, Merritt said through his attorney that he had a heart condition and wanted his trial to be fast-tracked. The trial was beleaguered by a series of delays and motions ever since.

The trial finally began Jan. 7, 2019.

Prosecutors built their case around the theory that greed was the basis for why Merritt subsequently killed the Fallbrook family, who lived in the Lake Rancho Viejo housing development east of Interstate 15 in Fallbrook, was last seen alive Feb. 4, 2010.

Courtesy photo

Joseph and Summer McStay and the couple's young sons – 4-year-old Gianni and 3-year-old Joseph Jr. – disappeared in 2010 and their bodies were discovered in shallow graves three and a half years later in a San Bernardino desert. Charles 'Chase' Merritt was convicted of killing the family in June.

Before the family went missing, Merritt was a subcontractor for McStay and the two were good friends by most accounts. Merritt designed and built custom fountains for Joseph McStay's business, Earth Inspired Products, but, according to prosecutors, he was in debt to the tune of more than $40,000 to McStay at the time of the murders.

Prosecutors said Merritt feared being cut out of the business or having charges filed against him by McStay.

Detectives testified that Merritt deposited checks worth thousands of dollars from McStay after the family went missing, using QuickBooks and even called QuickBooks from his cellphone, identifying himself as Joseph McStay and asking to transfer the money in the account.

Merritt's defense attorneys argued that investigators zeroed in on Merritt early on the case and never looked at anyone else. During the trial, the defense team repeatedly attempted to point the finger at another McStay business associate, Dan Kavanaugh, who they said was overlooked by investigators.

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


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