59 thoughts on “Charles Ray Merritt

  1. So attorney Terrell is no longer on the team then? Looks like it.

    According to media reports what I have read is that the judge will most likely just have the prosecutors amend something in writing to correct any written inconsistencies. No chance they can get the case dismissed. This kind of motion is par for the course I’ve also heard.

    Are they desperate?

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      • As I stated on the previous thread, it’s actually not a bad move. Anytime you are in a battle that involves credibility and information, the more you can get your opponent to tie themselves to specifics, that can later be refuted–the better your advantage.

        LE does this to suspects all the time. They try to get the perp to give specific times, etc.

        But this strategy can work to the defenses advantage as well. Especially in a highly circumstantial case.

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  2. Like the judge is going to throw out a death penalty case over a typo. They have to know that won’t happen. Well anyway, is it true as they say in the motion that they are having difficulty building a defense for Merritt.

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            • The charging papers state that the murders occurred in San Bernardino County–it may be that all the DA has to do is restate that the murders occurred in San Diego County–it might be that simple–but it’s also possible that they may be forced to add in all the other claims made to the press.

              That I’m not sure about. But this may be the first of many motions of this nature.

              Liked by 2 people

          • If you read the motion, it is very simple–the charging papers are contradicted by statements made in the press by Ramos, etc. (this is why NO ONE should be reaching out to media at this time in the trial process–not the DA; not the Defense.)

            Because what is said “off-record” in a public forum, can be used “on the record” in trial.

            If the DA is forced to amend, which I think they will be, they will have to be more specific–this will help the defense, because at the moment the DA’s case is only an outline. The DA can come into court with a number of strategies. The clearer idea that the defense has as to what the DA will claim at trial, the better they can prepare.

            Nelson misunderstood Mettias, so that’s why we all thought this was about something it wasn’t.

            Also that new guy, Maline, he has some real criminal trial experience. Google him. I bet this was his idea.

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            • Weren’t they kicking it around before Maline came on board? Remember when Baker was leaking defense info and was claiming that Chase could file a motion to dismiss (before prelim) but he wasn’t going to do it? The excuses Baker laid out were that Chase wanted to prove his innocence and that the DA would amend the paperwork and rearrest him.

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              • That motion to dismiss was going to be based on insufficient evidence. A motion to dismiss is pretty standard, especially in a DP case.

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  3. Here’s the wording that makes me think the Defense is asking for a cogent and complete theory of the case:

    “Due process requires a defendant be apprised of the charges laid out against him. Mr. Merritt is entitled to a logical and coherent Information that is consistent in nature.”

    They want the case dismissed without leave to amend–THAT I am certain will NOT happen.

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  4. At the very least, this will buy the defense some time for Maline to get up to speed. And it will also give them a read on the Judge. I don’t know if Maline has ever been before Judge Smith, so he needs to see how he rules.

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      • Even if they file for a change in venue I thinks it’s highly unlikely the judge would rule in their favor. There really isn’t that much attention surrounding this case, sadly.

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        • If anyone is interested I can go in to detail about the jury pool that they’ll have to choose from. It’s a very diverse and interesting group. Doctors, students, welfare recipients, average Joes, drug addicts, whites, Hispanics, African-Americans, etc., very diverse and interesting.

          Liked by 3 people

        • It will be interesting to see the response from the DA on this, and how Smith rules. I’m sure the case won’t be dismissed, but a definite wrinkle has developed.

          This signals that the DA is going to most likely have to put on expert witnesses to back some of their claims. It will be interesting to see how they explain the lack of blood at the scene.

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          • Maeve, how does this particular motion signal that the Prosecutor will have to put on experts to back their claims? From what we have heard thus far there are many areas that will require the testimony of experts. Just looking for your take on this.

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    • Yes, a local political bribery case. Not sure that it has been resolved yet, appears to have being going on for several years. Maline filed a motion to have charges dismiss, Smith granted it (statue of limitations) and the DA filed an amended indictment. This happened in Aug 2014.

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    • CW,

      I peeked. Brilliant.

      Baker got to me today. I will admit it. I just don’t get how truly cruel he is. Thanks for reminding me to laugh at him.

      Liked by 2 people

  5. The DA isn’t on trial. What is said to the press by LE is often purposely misleading. Their job is to get the bad guys, and protect citizens. The DA/LE making statements to the press is in no way equal to a legally binding document of the court. The DA is not going to be called to the witness stand. The only thing that LE/the DA can be held accountable for, in this situation, is anything said in the court, either via verbiage of their charging documents or testimony after being sworn in. There is a zero chance that either LE or the DA swore “to tell the truth and only the truth” before making public statements.

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    • Hyde,

      That isn’t true. The DA can be held accountable. They are not on trial, but they are public servants and officers of the court. They do have guidelines they are required to follow. And they can be cited for things they say outside of court.

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      • I have to admit that I always cringe when District Attorneys or defense attorneys make statements to the public priot to the trial. Although many would argue they are unconstitutional, I have always liked gag orders.

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        • It is quite cringe-worthy. It seems when the defence has a weak case, they speak more publicly. Maybe they want to taint the jury pool for a change of venue? If there is nothing to lose, why not?

          In regards to the DA, all cases aren’t covered by CNN. This DA is also running for office. Due to this, FREE publicity on a national level would be any aspiring politician’s dream. Name recognition is the key to winning large races, especially at the state level.

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      • They can’t publicly slander the defendant, make false statements about the defendant, or say anything that will jeopardize the defendant’s rights during the trial.

        However, they CAN make misleading/vague statements to the press for the sake of protecting the ongoing investigation, as long as the don’t violate the defendant as stated above.

        Liked by 1 person

      • OK. I give up. Believe what you want. Who cares how the legal system actually works?

        I’m off for Italy next week anyway. See you all on the other side. I’ll be back in October. Hopefully we’ll know when the trial is taking place then.

        Look forward to your videos CW. I have a feeling you will have some amazing ones lined up in the next few months.

        Ciao!!!!

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          • Yes, Maeve, don’t stop posting. Just know, that if you insult someone’s intelligence because of a difference in opinion, it will be addressed, whether it be mine or any of my brothers and sisters at arms. We are all here for justice for the McStays, including you.

            Liked by 8 people

        • Right, because none of us know how the legal system works…. We’ve all just been sitting around, eating Ding Dongs and drinking Yoohoos, discussing a case we’ve been following for the last five years as if it’s a big game of I SPY, Monopoly and Dungeons and Dragons.

          Shit, if it weren’t for your posts, we would all just be sitting around with our thumbs up our asses, licking our computer monitors, and having online farting contests. Surely, no one else has already pored back and forth over the information that you seem to just now be reading.

          As if this case is our first glimpse into crime… Where do you think most of the information from your timeline came from. A guess– some of the mates you talk with daily on this blog, who’ve been compiling timelines of this case for many years.

          For all you know, a DA or someone else working in the legal field could be commenting.

          Ciao, cheers, and g’day- Hyde

          Liked by 4 people

          • Omg 😂😂😂😂

            Maeve, you were so nice after your last “I’m taking my toys and leaving” episode, what happened just now?
            We are not dumb but I think you think we are and you can only hold in your condescending opinion for so long.
            I hope the Italians are smart enough for you.
            Love, dumbass

            Liked by 1 person

        • I appreciate reading your comments on this case, Maeve, but what’s with the condescending attitude? It’s really unnecessary and unfounded, IMO

          Have a great trip! I’m a little jealous! Italy is fabulous!

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  6. So Baker videos the McStay grave marker in San Clemente but doesn’t bother to video the McStay memorial bench, also in San Clemente? We chose to place a memorial bench in honor of my father in a place he loved, rather than have a graveyard marker. My father’s memory does not belong in a graveyard FOR MY FAMILY. Baker is such a low life douche. I hope a hot ember from the SB North Fire catches Baker’s stupid rental car on fire! Ugh!

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    • O/T
      Red – That crazy fire was about 3 miles from my house and on our main freeway. When that freeway gets shut down it creates unreal havoc! It took my neighbor 3 1/2 hours to get home from work and it normally takes less than an hour. We’re having a little off and on rain (drizzle) today that those poor firefighters sure needed yesterday.

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      • The video footage of the cars and trucks trapped on I-15 and catching on fire were horrifying. It’s amazing everyone escaped alive! I’m glad you’re OK!

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    • Actually, San Clemente does not have its own cemetery. I believe the grave markers are in the El Toro Cemetery, which is just north of SC.

      So if he was in El Toro, he had to have driven through SC at some point. But he wants attention elsewhere so he can keep stirring the pot as it were.

      Liked by 4 people

    • El Toro is a separate city north and inland from San Clemente.
      Probably about 10-15 mins once you get on the 5 or 405 in San Clemente.

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  7. Red,

    We did the same thing for a family member–a plaque on a bench. I actually prefer it to a grave. A grave points to how someone’s life ended; a memorial is a constant reminder of how they lived. What they gave to us while here.

    I totally understand why people are obsessed with this case — wanting is solved, and wanting to understand the legalities behind bringing justice for the victims and their loved ones.

    I don’t get why anyone would want to bash people, over and over again, for years, based on less than rumour. All of this isn’t even rumour, it’s made up, most of it.

    That I really do not get.

    Liked by 4 people

  8. The jury pool in this case has the potential to be an odd mix of people. As I’ve said before San Bernardino is the largest county in the U.S. So assuming they mail out jury duty notices beginning in the area closest to the court house those people are typically lower working class, mostly Hispanic and African-American with some whites scattered around. Many unemployed low lifes honestly. It’s not a part of town you want to be in after dark. Drugs and gangs are prevalent. However, there are also many older, established residents as well and 2 county ran hospitals that employ some of the locals. To be fair, there are, of course, pockets here and there of some better neighborhoods but for the most part there hasn’t been any new construction for many, many years. Moving out a few miles and there’s Loma Linda which is occupied by predominantly LDS and Loma Linda University Hospital. In addition to being LDS the population there are primarily students and/or employees of LLU. The area would be considered middle to upper class. Next door to LL is Redlands. Mostly families and older people. Also a lot of old money and primarily white, as is Loma Linda although LL has it’s fair share of Asians due to the university. The surrounding areas are basically middle to lower class with some middle to upper class neighborhoods scattered throughout. I

    Many of the potential jurors would probably have an easy time relating with Merritt and his up bringing, at least in my knowledge of his up bringing. From what I’ve heard he came from a broken home that didn’t have much money. He’s had legal, financial and addiction issues which a lot of the jurists would relate to. The area where the court house is situated is about 45 miles or so from where the McStays were found. The court house is “down the hill” from where they were found. The 2 areas, down the hill and up the hill, with the high desert being up the hill, might as well be 2 different counties. Those of us that live up the hill don’t pay a lot of attention to what goes on down the hill and vice versa. The area where the McStays lived and died might as well be in a different country as the counties are worlds apart in everything and in every way. Southern California is extremely different from county to county and so are the residents. From where I live I can drive less than 2 hours and be in a totally different environment in terms of surroundings and money.

    I forgot to mention the mountain areas of Lake Arrowhead who’s residents consider themselves as living up the hill or up the mountain. Those areas are occupied by a lot of firefighters, retired people and families. Generally speaking they’d be considered middle to upper class but they have their own courthouse so I don’t know that they’d be given a jury duty notice for down the hill.

    I hope this paints a better picture for those not in the area. Of course if I haven’t portrayed something correctly let me know. Also, please feel free to add your thoughts as this is an extremely broad opinion of what I think the jury pool may look like.

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    • Really? I don’t live in California so I don’t doubt you, but do other states do this as well?

      “So assuming they mail out jury duty notices beginning in the area closest to the court house those people are typically lower working class, mostly Hispanic and African-American with some whites scattered around.”

      I also don’t understand the logistics of doing this. The courts can’t call in registered voters/licensed drivers for jury duty who live nearest to the courthouse every Monday, can they? (Or is it usually on Tuesdays when those notified must appear for jury duty?)

      Thanks for clarifying for a foreigner to California like me.

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      • I don’t know the specifics of how the notices are sent out so I’m going to call on Monday to find out for sure.

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    • Right, so it seems the defense would want to go to trial in this area. As opposed to say San Diego or another area with different demographics.

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  9. Good morning all. Regarding the charging document – I think little Joey’s middle name is spelled incorrectly. Isn’t the correct spelling Mateo? It’s just a small thing but it bothers me after all these beautiful children endured.

    A change of venue motion is always a bit like a crap shoot. Sometimes you get a better jurisdiction and jury pool and sometimes the venue change can be a nightmare. Ask Darlie Routier. She asked for a venue change and went from one of the most liberal counties in Texas to one of the most conservative. She is on death row.

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    • Out of all the counties in southern California I think San Bdo would have a population that could most relate to Merritt and his life struggles. I think they’d be wise to stay put.

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      • Speaking of people who can relate to Merritt ..unless their civil right have been restored, felons cannot serve on a jury in California, So at least that demographic of Merritt’s peers won’t be in the McStay jury pool. LOL!

        BTW, My daughter’s boyfriend’s mother is a doctor at Loma Linda Hospital and lives in Redlands. It’s a lovely, quaint town with beautiful historic houses. There’s a bit of money in that area, at where she lives.

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  10. So what the hell is going on with this $12,000 worth of documents that Baker claims he will purchase? From whom? Merritt’s girlfriend? This would be just plain ridiculous if it wasn’t just so sad ..Baker dragging the McStays through the mud yet again. Baker is so desperate to interject himself into this case and get someone to acknowledge him. It’s just so pathetic!

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    • Replying to my own post. lol Not that I believe anything Baker writes but let’s pretend Baker really does have access to some incriminating documents. ~lol~ If he has knowledge of evidence that might be pertinent in this murder case, couldn’t he get in trouble legally for not turning it over to LE? People can’t just hoard evidence in a murder trial because they want to write a book. And, why would the State not have this information if it involves Mexican and US government documents? Am I trying to make sense out of a bunch of malarkey?

      Oy vey!

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