All language subtitles for 2022-Two Shallow Graves-The McStay Family Murders-EP2-The Missed Call-E

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These are the user uploaded subtitles that are being translated: 1 00:00:07,460 --> 00:00:09,660 He murdered the McStay family. 2 00:00:11,530 --> 00:00:13,060 This is my best friend of 10 years. 3 00:00:13,260 --> 00:00:14,300 I would not make this up. 4 00:00:15,260 --> 00:00:18,860 And this individual that you're talking about, when you say he probably had the 5 00:00:18,861 --> 00:00:21,710 wrong man, who were you talking about that you 6 00:00:21,711 --> 00:00:23,980 think could potentially be involved in this? 7 00:00:24,000 --> 00:00:25,000 Daniel Downsville. 8 00:00:49,930 --> 00:00:57,390 Lo and behold, October of 2018, we get a call from the prosecutors. 9 00:00:58,990 --> 00:01:00,970 And we go to the key station there. 10 00:01:02,370 --> 00:01:08,030 And they produce a witness by the name of Tracy Riccobeni. 11 00:01:10,070 --> 00:01:14,990 And Tracy Riccobeni gives a statement, not only to us, but to the prosecutors as 12 00:01:14,991 --> 00:01:18,190 well, and the detectives, and our investigators. 13 00:01:19,530 --> 00:01:22,610 She claims to be kind of an ex-girlfriend type. 14 00:01:23,090 --> 00:01:25,690 She calls Dan Kavanaugh her best friend. 15 00:01:25,890 --> 00:01:33,291 And what she says is Dan Kavanaugh confessed to her that he killed the McStay family. 16 00:01:36,130 --> 00:01:37,610 Judge, let me switch gears here. 17 00:01:37,810 --> 00:01:42,130 So yesterday, the defense came out with a bombshell and said that it was another 18 00:01:42,131 --> 00:01:48,650 individual, Dan Kavanaugh, who also worked for Joseph McStay, who did these murders. 19 00:01:49,730 --> 00:01:52,910 Apparently, he supposedly told this to his girlfriend. 20 00:01:53,380 --> 00:01:55,610 So do you think that will weigh with the jury here? 21 00:01:56,890 --> 00:01:57,890 Well, sure. 22 00:01:57,950 --> 00:02:03,770 Any time that you have testimony to the effect, as I understand from the defense's 23 00:02:03,771 --> 00:02:06,590 opening statement, that Kavanaugh has admitted to these killings to his 24 00:02:06,591 --> 00:02:09,910 girlfriend, that is quite powerful evidence. 25 00:02:25,050 --> 00:02:27,390 We're just glad you're here, Gracie, honestly. 26 00:02:27,910 --> 00:02:29,830 And we want you to tell the truth. 27 00:02:30,390 --> 00:02:32,130 References, information, okay? 28 00:02:32,370 --> 00:02:34,010 Well, I think you guys are the wrong man. 29 00:02:34,550 --> 00:02:34,830 Okay. 30 00:02:35,130 --> 00:02:37,030 And that's what we're here to talk to you about. 31 00:02:38,730 --> 00:02:47,290 Did you ever hear Dan mention the name of the individual in custody, Charles Merritt? 32 00:02:47,291 --> 00:02:51,190 Not until two weeks ago when he told me how he framed him. 33 00:02:52,770 --> 00:02:55,210 So tell me, who is Dan Kavanaugh? 34 00:02:55,490 --> 00:02:59,950 So Dan Kavanaugh was a business associate of Joseph. 35 00:03:02,290 --> 00:03:07,290 Dan Kavanaugh created the website, but he was able to figure out the 36 00:03:07,291 --> 00:03:12,750 algorithm where when you Googled water feature or waterfall, you'd get 37 00:03:12,751 --> 00:03:15,870 Earth-inspired products, which is what Joseph's company was. 38 00:03:15,871 --> 00:03:21,130 So Dan felt like he should get a certain percentage of all of Joseph's sales 39 00:03:21,131 --> 00:03:24,970 because every sale that went through the website is what Dan created. 40 00:03:25,990 --> 00:03:31,030 I know Joseph wanted to cut Dan out of the business because he felt like he was 41 00:03:31,280 --> 00:03:32,440 giving him money for nothing. 42 00:03:35,370 --> 00:03:40,270 My understanding of Tracy's relationship with Dan is that at some point, 43 00:03:40,450 --> 00:03:42,650 they were in some kind of dating relationship. 44 00:03:43,310 --> 00:03:47,330 You do look at yourself and go, oh, shit, right? 45 00:03:49,310 --> 00:03:55,340 But then once that gut-punch feeling goes away, a prosecutor 46 00:03:55,341 --> 00:03:59,490 is always out to do the right thing to seek justice in a case. 47 00:03:59,630 --> 00:04:03,184 And if that justice is contrary to what you originally thought 48 00:04:03,185 --> 00:04:06,630 because a new piece of evidence comes up, then so be it. 49 00:04:06,631 --> 00:04:08,670 But you run with it and you figure it out. 50 00:04:08,770 --> 00:04:10,490 And that's what we had to do in this case. 51 00:04:14,230 --> 00:04:16,020 He murdered the McStay family. 52 00:04:17,930 --> 00:04:19,420 This is my best friend of ten years. 53 00:04:19,600 --> 00:04:20,640 I would not make this up. 54 00:04:21,800 --> 00:04:23,100 He started with Summer. 55 00:04:23,260 --> 00:04:24,260 He raped Summer. 56 00:04:25,380 --> 00:04:27,840 And had a rope around her neck. 57 00:04:27,841 --> 00:04:35,720 And he was wielding a Swiss Army-type switchblade. 58 00:04:37,720 --> 00:04:41,040 And then he told Joseph, go take a hike with the kids. 59 00:04:41,860 --> 00:04:45,800 And he told Summer to assume the position. 60 00:04:46,660 --> 00:04:49,120 Told her to get on her knees, you know. 61 00:04:49,580 --> 00:04:50,720 He raped her. 62 00:04:50,721 --> 00:04:54,820 And then, um, said he came twice. 63 00:04:55,100 --> 00:05:00,320 And then, so there should be DNA inside the grave somewhere. 64 00:05:00,540 --> 00:05:01,540 I don't know. 65 00:05:02,820 --> 00:05:10,820 It's just a very odd story that you can threaten someone with a Swiss Army knife, 66 00:05:11,080 --> 00:05:16,560 rape them, while you're telling the husband to take a hike and presumably he 67 00:05:16,735 --> 00:05:18,940 comes back so he can be killed as well? 68 00:05:18,941 --> 00:05:20,501 Is that what we're supposed to believe? 69 00:05:22,080 --> 00:05:27,160 Of course, the prosecution is going to say that she learned all of this, you know, 70 00:05:27,300 --> 00:05:31,180 from watching media reports or watching shows about the case. 71 00:05:31,300 --> 00:05:36,220 But in reality, she shared some information that Dan told her that was 72 00:05:36,395 --> 00:05:40,540 information that only, I think, the killer would know. 73 00:05:40,860 --> 00:05:43,100 Things that have not been published. 74 00:05:43,580 --> 00:05:46,800 You need to look in the shower for DNA, okay? 75 00:05:46,801 --> 00:05:50,820 What's in the shower that he said, since your men's in the shower? 76 00:05:51,200 --> 00:05:51,900 I don't know. 77 00:05:52,120 --> 00:05:52,760 He told me. 78 00:05:53,040 --> 00:05:55,360 He had muddy shoes, okay? 79 00:05:55,660 --> 00:05:56,660 He was dirty. 80 00:05:56,945 --> 00:05:57,945 He took a shower. 81 00:05:59,460 --> 00:06:02,280 The fact is, on February 5th, there was a 82 00:06:02,281 --> 00:06:05,020 huge rainstorm, and that softened the ground. 83 00:06:05,540 --> 00:06:11,640 And that is consistent with what Tracy Rico Benny said, that when Dan came back, 84 00:06:11,641 --> 00:06:14,300 after he buried the bodies, he was covered in mud. 85 00:06:16,500 --> 00:06:19,419 That, to me, was pretty significant in the sense 86 00:06:19,420 --> 00:06:21,940 that that wasn't really known to the public. 87 00:06:22,160 --> 00:06:24,360 How would anyone know that it was raining? 88 00:06:24,980 --> 00:06:28,060 I'm not an accomplice to murder or anything over here, you know? 89 00:06:28,600 --> 00:06:32,055 If you guys try to leverage me with any kind of charge, 90 00:06:32,056 --> 00:06:35,400 I will fucking not even talk after that, you know? 91 00:06:35,401 --> 00:06:36,860 You guys can Zipino me. 92 00:06:37,425 --> 00:06:41,560 But I need witness protection, for one, okay? 93 00:06:42,140 --> 00:06:45,440 And for me to even testify on these people. 94 00:06:48,220 --> 00:06:49,220 Uh... 95 00:06:49,640 --> 00:06:50,640 Nothing... 96 00:06:51,140 --> 00:06:59,140 Literally nothing she says jives with what is there, what has happened. 97 00:07:01,760 --> 00:07:02,760 And... 98 00:07:04,220 --> 00:07:07,860 Ultimately believed there was absolutely no credibility whatsoever to it. 99 00:07:09,040 --> 00:07:10,040 So... 100 00:07:10,180 --> 00:07:16,166 We had gone down to actually interview her, and her behavior 101 00:07:16,167 --> 00:07:21,660 that day was so out there, and she was just bizarre. 102 00:07:22,340 --> 00:07:26,940 And I just remember, I'm looking up at her face, and I could see a lot of marks, 103 00:07:26,941 --> 00:07:29,780 to me, that are indicative of somebody that's using drugs. 104 00:07:30,000 --> 00:07:32,800 Like, she was definitely out of the influence. 105 00:07:33,560 --> 00:07:37,945 And so I think it was quite clear that she very 106 00:07:37,946 --> 00:07:42,381 clearly was unstable, and she wasn't credible. 107 00:07:42,820 --> 00:07:47,300 It's pretty easy to say that somebody's not credible because they did drugs in the 108 00:07:47,301 --> 00:07:50,760 past or something of that nature, but the only reason that they would 109 00:07:50,761 --> 00:07:55,660 discount that and not research it further, I believe, is because they felt like they 110 00:07:55,661 --> 00:07:59,960 had tidied up their loose ends already, and had a case against Chase. 111 00:08:00,600 --> 00:08:04,840 It was just so much easier to tie it up in a red bow and say they're done, right? 112 00:08:13,580 --> 00:08:16,620 I just need to keep the blood flowing. 113 00:08:17,580 --> 00:08:19,260 I get cooped up in my office. 114 00:08:20,460 --> 00:08:21,460 It's too... 115 00:08:21,780 --> 00:08:22,820 It makes me crazy. 116 00:08:23,940 --> 00:08:25,160 So I gotta get out of there. 117 00:08:29,390 --> 00:08:30,450 So we went... 118 00:08:30,451 --> 00:08:35,810 We have a witness that essentially says that Dan Kavanaugh confessed to her, 119 00:08:37,750 --> 00:08:40,050 confessed to killing the McStay family. 120 00:08:40,210 --> 00:08:42,210 You know, she's very... She's very scared of him. 121 00:08:42,350 --> 00:08:47,110 She says, you know, that he's capable of, you know, doing extreme violence. 122 00:08:47,430 --> 00:08:50,250 But, you know, I think she's important. 123 00:08:51,070 --> 00:08:54,830 But I don't wanna take away from the good case that I think that we have now. 124 00:08:55,210 --> 00:09:00,530 I'm putting someone up that might, you know, seem a little too wacky for, 125 00:09:00,950 --> 00:09:02,130 you know, for the jury. 126 00:09:02,330 --> 00:09:05,370 And I don't want the jury to think that we're trying to do anything that's, 127 00:09:05,970 --> 00:09:10,652 you know, not proper or not ethical or whatever, 128 00:09:10,653 --> 00:09:14,251 because she is kind of all over the place right now. 129 00:09:20,740 --> 00:09:25,033 A witness like that can somehow make a difference, 130 00:09:25,034 --> 00:09:29,820 maybe, but more often than not, it backfires. 131 00:09:30,080 --> 00:09:34,880 And it's almost like we're grasping now at anybody who says anything. 132 00:09:35,600 --> 00:09:39,220 So we made a decision not to call her for that reason. 133 00:09:39,380 --> 00:09:42,080 I mean, we didn't feel we needed her. 134 00:10:09,890 --> 00:10:12,090 Yeah, we're gonna try to get Dan Kavanaugh off with him. 135 00:10:14,460 --> 00:10:18,520 Because the DA has not really given us a lot of information about where he is, 136 00:10:18,620 --> 00:10:21,580 his latest location, which is what they're required to do. 137 00:10:22,860 --> 00:10:25,124 And we're gonna send our investigator out there to 138 00:10:25,224 --> 00:10:27,960 try and serve him, you know, and get him in here. 139 00:10:28,080 --> 00:10:30,410 We know the DA obviously is not gonna bring him 140 00:10:30,411 --> 00:10:33,300 down, so it's incumbent upon us to get him in here. 141 00:10:34,300 --> 00:10:37,960 And I think he's probably gonna try to dodge us as best he can. 142 00:10:38,260 --> 00:10:39,260 I would imagine. 143 00:10:39,980 --> 00:10:42,380 But we'll see how that works out. 144 00:10:44,920 --> 00:10:48,760 We then go to try to find him, and we can't. 145 00:10:48,840 --> 00:10:51,071 And we have our investigator in San Diego looking 146 00:10:51,072 --> 00:10:52,940 everywhere for him, and he's nowhere to be found. 147 00:10:53,020 --> 00:10:54,200 He's literally gone. 148 00:10:54,201 --> 00:10:58,100 All the known places that he would frequent. 149 00:10:58,940 --> 00:10:59,940 Nothing. 150 00:11:08,920 --> 00:11:10,610 Yes, Catherine Jarvis. 151 00:11:17,870 --> 00:11:19,750 Thank you. 152 00:11:20,450 --> 00:11:21,530 Good afternoon, Ms. Jarvis. 153 00:11:22,290 --> 00:11:24,930 Do you know Charles Merritt? 154 00:11:25,490 --> 00:11:26,590 Yes, of course. 155 00:11:27,270 --> 00:11:28,570 And how do you know him? 156 00:11:29,730 --> 00:11:35,330 Um, we dated, we lived together, and we had children together. 157 00:11:39,880 --> 00:11:43,042 When Chase was arrested for this, we were all 158 00:11:43,043 --> 00:11:46,040 shocked, because I didn't believe that he did do it. 159 00:11:46,760 --> 00:11:48,660 Like, it doesn't make sense. 160 00:11:57,300 --> 00:11:59,540 When I met him, he was wearing a cowboy hat. 161 00:12:00,300 --> 00:12:03,080 Boots and all, you know, cowboy attire. 162 00:12:04,020 --> 00:12:05,920 And, you know, I thought he was attractive. 163 00:12:06,980 --> 00:12:09,560 I actually hit her with my cue stick. 164 00:12:11,180 --> 00:12:15,260 She thought I was an arrogant ass. 165 00:12:16,520 --> 00:12:19,080 I don't know if he did it on purpose or not. 166 00:12:20,020 --> 00:12:21,620 I went and asked her to dance. 167 00:12:21,621 --> 00:12:24,880 He was interesting, charming. 168 00:12:25,460 --> 00:12:27,180 And it just progressed from there. 169 00:12:28,480 --> 00:12:34,420 Within, uh, just a few months, our first was conceived, Taylor. 170 00:12:38,260 --> 00:12:41,180 We were together for pushing 20 years. 171 00:12:41,740 --> 00:12:45,840 We're not together now, but we're still extremely good friends. 172 00:12:46,220 --> 00:12:48,680 She's probably the best friend I have in the world. 173 00:12:50,060 --> 00:12:52,140 She's extremely good mother. 174 00:12:52,141 --> 00:12:55,300 I've got three kids that are absolutely incredible. 175 00:12:58,880 --> 00:13:02,880 I've never seen him act violently, even when he's angry. 176 00:13:03,080 --> 00:13:06,180 Like, I remember shoving him up against a bookcase. 177 00:13:06,880 --> 00:13:11,120 Just, I was so angry, and he never laid a hand on me. 178 00:13:12,300 --> 00:13:15,680 I just can't see him, you know, doing anything like that. 179 00:13:46,940 --> 00:13:48,330 Hi, Dad. 180 00:13:49,040 --> 00:13:52,170 So, I didn't tell you this a couple days ago. 181 00:13:52,520 --> 00:13:56,330 Um, I got a letter in the mail from Southwestern. 182 00:13:56,331 --> 00:14:02,690 Apparently, they heard Loyola and Pepperdine had offered me full tuition. 183 00:14:03,890 --> 00:14:11,450 Um, so I got a letter from them that changed their offer from $100,000, 184 00:14:11,451 --> 00:14:14,650 which is what they originally offered, uh, to a full ride. 185 00:14:16,930 --> 00:14:17,930 Yeah. 186 00:14:18,830 --> 00:14:24,410 Throughout all of high school, I had my heart set on forensic science. 187 00:14:24,690 --> 00:14:29,850 I only got through a year of community college before all this happened with my dad. 188 00:14:30,495 --> 00:14:37,770 I ended up taking a year off of school because I wasn't sure if I wanted to work 189 00:14:37,771 --> 00:14:42,930 within a system that I didn't really trust anymore. 190 00:14:42,931 --> 00:14:49,950 I kind of came to realize that if I wanted to change anything in the criminal justice 191 00:14:49,951 --> 00:14:52,970 system, probably the best way would be to work within it. 192 00:14:53,590 --> 00:14:55,590 So, I want to do criminal defense. 193 00:14:56,230 --> 00:15:00,086 I definitely got my sense of humor from my dad because he's 194 00:15:00,087 --> 00:15:03,910 always making really bad jokes, which is fine because he's a dad. 195 00:15:04,250 --> 00:15:10,690 Also, he set a really good example of just how to be a good person. 196 00:15:11,970 --> 00:15:16,730 He's never had to convince us that he was innocent because we all knew. 197 00:15:17,010 --> 00:15:23,490 So, most of the conversation after he was arrested was, how do we get you back home? 198 00:15:25,850 --> 00:15:26,850 All right. 199 00:15:26,910 --> 00:15:27,990 Love you, too. 200 00:15:28,230 --> 00:15:29,230 Love you, too. 201 00:15:30,250 --> 00:15:31,250 Me, too. 202 00:15:31,590 --> 00:15:31,990 All right. 203 00:15:32,110 --> 00:15:32,250 Bye. 204 00:15:32,470 --> 00:15:32,710 Okay. 205 00:15:32,990 --> 00:15:33,190 Bye. 206 00:15:33,750 --> 00:15:35,230 It's just a waiting game. 207 00:15:53,080 --> 00:15:58,240 Going back to the QuickBooks records, I'm going to show you for 2040. 208 00:15:58,241 --> 00:16:01,888 And if you can show us on here where you see that 209 00:16:01,889 --> 00:16:05,460 Mr. Merritt or Charles Merritt was added as a vendor. 210 00:16:06,040 --> 00:16:14,520 On February 1st, 2010, 12, 24 p.m., user Joseph McStay added vendor Charles Merritt. 211 00:16:14,680 --> 00:16:19,320 And when you say user Joseph McStay, you don't know who's behind the computer, 212 00:16:19,460 --> 00:16:19,600 right? 213 00:16:19,601 --> 00:16:20,720 I don't know. 214 00:16:21,700 --> 00:16:22,700 I 215 00:16:28,520 --> 00:16:30,460 want to look at some QuickBooks things. 216 00:16:30,660 --> 00:16:31,660 Okay. 217 00:16:32,140 --> 00:16:33,660 Maybe you can help explain it. 218 00:16:35,200 --> 00:16:36,200 Hmm. 219 00:16:37,200 --> 00:16:40,287 So, it looks like February 1st is when Chase 220 00:16:40,288 --> 00:16:44,141 created two checks and deleted those checks. 221 00:16:45,200 --> 00:16:49,480 Then on the 2nd, created two checks, deleted two checks. 222 00:16:50,440 --> 00:16:56,380 Then on the 4th, added check, deleted check, added check. 223 00:16:57,700 --> 00:16:59,220 Yeah, it just, I don't know. 224 00:16:59,800 --> 00:17:04,140 Who's going to create a check for Charles Merritt other than Charles Merritt, right? 225 00:17:20,580 --> 00:17:23,940 February 4th, that's when something clearly happened. 226 00:17:24,740 --> 00:17:25,740 What exactly? 227 00:17:27,460 --> 00:17:29,040 There's a lot of unanswered questions. 228 00:17:31,220 --> 00:17:36,220 Looking at the phone records, I think what happened was, Charles Merritt got fired 229 00:17:36,221 --> 00:17:39,639 that day, that Joseph found out that he was stealing from 230 00:17:39,640 --> 00:17:42,420 him, because on the way to the meeting, he called his bank. 231 00:17:42,890 --> 00:17:45,060 You know, Merritt's explanation was, we met. 232 00:17:45,530 --> 00:17:47,860 I got a stack of checks from him. 233 00:17:47,861 --> 00:17:51,260 We talked about the business plans for this other job we had. 234 00:17:52,480 --> 00:17:54,460 I had access to writing checks. 235 00:17:55,390 --> 00:17:56,390 Did it often. 236 00:17:57,820 --> 00:18:01,940 And from the very first time I had an interview with San Diego, I said, 237 00:18:02,160 --> 00:18:05,640 when Joseph and I met on the 4th, he had given me checks. 238 00:18:06,360 --> 00:18:08,800 We discussed when I was going to write them. 239 00:18:10,930 --> 00:18:14,380 Boy, when I heard that, I knew, nah, that's not going to fly. 240 00:18:15,200 --> 00:18:17,060 Joey's not going to give him blank checks. 241 00:18:17,080 --> 00:18:18,080 There's no way. 242 00:18:19,320 --> 00:18:20,320 Mm-mm. 243 00:18:22,040 --> 00:18:25,509 This would be a check that Joseph McStay had 244 00:18:25,510 --> 00:18:29,800 written to you for $3,000 on November 1st of 2008. 245 00:18:30,620 --> 00:18:31,240 Is that correct? 246 00:18:31,241 --> 00:18:31,800 Yes. 247 00:18:32,100 --> 00:18:36,020 And you indicated at the time that you were renting a house, right? 248 00:18:36,400 --> 00:18:36,800 Yes. 249 00:18:37,200 --> 00:18:39,920 And was your rent due on the 1st of every month? 250 00:18:40,380 --> 00:18:40,960 Yes. 251 00:18:41,380 --> 00:18:45,085 Because we see down in the line it says 4, and 252 00:18:45,086 --> 00:18:48,280 then it says Chase SOS exclamation point, right? 253 00:18:48,560 --> 00:18:48,860 Yes. 254 00:18:49,400 --> 00:18:50,520 Do you know what that means? 255 00:18:51,940 --> 00:18:53,360 Chase muted it right away. 256 00:18:54,680 --> 00:18:57,822 When I first came onto the case, one of the things I 257 00:18:57,823 --> 00:19:01,620 started doing was looking at Merritt's bank records. 258 00:19:02,325 --> 00:19:06,083 And I was a little bit floored because I saw all 259 00:19:06,084 --> 00:19:09,100 these withdrawals that were occurring at a casino. 260 00:19:09,940 --> 00:19:16,640 It was close to somewhere around $15,000 that had been taken out at casinos. 261 00:19:17,560 --> 00:19:22,600 And I don't see any other income that came in besides what he got from Joseph. 262 00:19:24,740 --> 00:19:29,058 And by November of 2009, the account was 263 00:19:29,059 --> 00:19:33,741 forcibly closed by the bank and was overdrawn. 264 00:19:34,140 --> 00:19:39,320 So at this point, I'm like, wow, this is a significant gambling problem. 265 00:19:39,940 --> 00:19:47,640 So the gambling addiction led him to the money mismanagement that led him to 266 00:19:47,641 --> 00:19:50,880 ultimately trying to steal money from Joseph. 267 00:19:51,620 --> 00:19:55,840 Because, you know, he's got a family, he's got expenses, he's got rent, 268 00:19:56,040 --> 00:19:56,760 things like that. 269 00:19:56,960 --> 00:20:00,960 And that was the only way he had to get out from under that. 270 00:20:01,820 --> 00:20:05,240 Their strategy was to just kind of poo-poo him. 271 00:20:06,180 --> 00:20:11,400 Pound fist, shout, indignant, blah, blah, blah, gambler, throw in gambler 272 00:20:11,401 --> 00:20:14,100 every other word, and you got yourself a case. 273 00:20:14,880 --> 00:20:17,840 I mean, that's essentially what they were saying. 274 00:20:17,841 --> 00:20:22,520 He's a degenerate gambler, owed him money, all these ridiculous things. 275 00:20:23,470 --> 00:20:28,620 From a forensic accounting point of view, I would give her cross an F minus. 276 00:20:29,280 --> 00:20:35,660 From an effective, misleading, scored jury points perspective, 277 00:20:36,140 --> 00:20:37,140 I'd give her an A. 278 00:20:40,780 --> 00:20:42,800 February 4th was the last time you talked to him. 279 00:20:42,880 --> 00:20:44,216 Absolute last time I talked to him. 280 00:20:44,240 --> 00:20:46,296 The last time I talked to him was actually, so I'm there. 281 00:20:46,320 --> 00:20:49,440 The last time I talked to him, he left here, went home. 282 00:20:49,480 --> 00:20:50,020 Chick-fil-A. 283 00:20:50,500 --> 00:20:50,720 Right. 284 00:20:51,180 --> 00:20:52,180 And what time was that? 285 00:20:52,720 --> 00:20:56,740 You know, I can't remember the exact time, but it was middle afternoon. 286 00:21:00,520 --> 00:21:03,847 It is really clear from the evidence that that family of 287 00:21:03,848 --> 00:21:06,660 four dropped off the face of the earth on February 4th. 288 00:21:09,600 --> 00:21:14,380 Coincidentally, after some type of meeting or confrontation at the Chick-fil-A 289 00:21:14,381 --> 00:21:17,280 earlier in the day, Merritt's cell phone goes off-grid. 290 00:21:18,640 --> 00:21:23,640 There's no activity for three and a half to four hours until you get to 291 00:21:23,641 --> 00:21:25,540 nine-something when he comes back onto the grid. 292 00:21:28,460 --> 00:21:32,960 So that meeting happens, which is a confrontational meeting, and I think the 293 00:21:32,961 --> 00:21:35,416 argument continued down in their house in 294 00:21:35,417 --> 00:21:38,941 Fallbrook, and that's where it turned physical. 295 00:21:39,200 --> 00:21:43,340 I think eventually Chase grabbed the sledgehammer, and he knocked Joseph 296 00:21:43,341 --> 00:21:45,400 unconscious or killed him right then and there. 297 00:21:46,200 --> 00:21:50,720 I think once he kills Joey, he realizes he has to kill Summer and the boys too. 298 00:21:52,740 --> 00:21:57,340 When Joseph and I separated, that was the last time I saw him. 299 00:21:57,820 --> 00:22:00,360 I had nothing to do with this. 300 00:22:01,540 --> 00:22:05,372 The way they came about a timeline of the death and 301 00:22:05,373 --> 00:22:10,300 the burial was almost exclusively on my records. 302 00:22:10,620 --> 00:22:15,700 They're assuming these crimes happened at these particular times because that's when 303 00:22:15,701 --> 00:22:20,880 I'm not getting any phone calls, and that's basically the evidence, 304 00:22:21,180 --> 00:22:22,620 that that's when the crime happened. 305 00:22:29,420 --> 00:22:36,600 All of a sudden, I'm thrown into this, and it's like somebody's gonna realize, 306 00:22:36,920 --> 00:22:40,340 wait, we made a mistake, you know? 307 00:22:43,860 --> 00:22:48,417 But by the time the arraignment got here, I realized 308 00:22:48,418 --> 00:22:52,060 nobody was gonna step up and say, we made a mistake. 309 00:22:53,660 --> 00:22:57,420 You know, so the reality was much... 310 00:23:01,040 --> 00:23:02,980 It was much heavier. 311 00:23:05,460 --> 00:23:08,500 It was daunting to say the least. 312 00:23:29,890 --> 00:23:34,290 On the 4th of February, did Chase remain at home that day? 313 00:23:34,470 --> 00:23:34,850 Do you recall? 314 00:23:35,370 --> 00:23:36,370 In the evening, yes. 315 00:23:36,510 --> 00:23:38,010 I mean, he was home during the day. 316 00:23:38,570 --> 00:23:41,330 At some point, did he... Did Chase come home? 317 00:23:41,950 --> 00:23:42,430 Yes. 318 00:23:42,630 --> 00:23:44,370 Was it light outside or dark outside? 319 00:23:44,770 --> 00:23:45,990 It was light outside. 320 00:23:45,991 --> 00:23:46,991 Okay. 321 00:23:47,270 --> 00:23:51,690 My girlfriend, who lived with me at the time, told the detectives that I was... 322 00:23:51,691 --> 00:23:55,279 that I had gotten home sometime between 5 323 00:23:55,280 --> 00:23:58,970 and 7 p.m., which is pretty much when it was. 324 00:23:59,150 --> 00:24:02,170 But I didn't leave after that. 325 00:24:02,910 --> 00:24:04,330 And that's true. 326 00:24:05,210 --> 00:24:09,170 Now, was there a phone call that Chase received in the evening hours? 327 00:24:09,510 --> 00:24:10,050 Yes. 328 00:24:10,350 --> 00:24:11,610 Do you recall when that was? 329 00:24:12,030 --> 00:24:13,470 Um, it was after dark. 330 00:24:13,471 --> 00:24:16,430 Um, 7 o'clock. 331 00:24:16,730 --> 00:24:18,490 And do you know who the call was from? 332 00:24:19,350 --> 00:24:19,870 Yes. 333 00:24:20,110 --> 00:24:20,370 Who? 334 00:24:20,870 --> 00:24:21,350 Joseph. 335 00:24:21,710 --> 00:24:22,710 How do you know? 336 00:24:22,930 --> 00:24:26,730 Um, it said on his... on Chase's display. 337 00:24:35,710 --> 00:24:42,011 When Joseph called that night, the phone was on the counter in the kitchen. 338 00:24:43,050 --> 00:24:45,760 I was on one side of the bar in the kitchen, and Chase 339 00:24:45,761 --> 00:24:49,190 was in the living room area on the other side of the bar. 340 00:24:50,310 --> 00:24:54,010 And I looked up at the phone to see, you know, Joseph calling. 341 00:24:54,945 --> 00:24:57,690 And he looked over and was like, it's just Joseph. 342 00:24:57,960 --> 00:25:00,160 And I've already talked to him a million times 343 00:25:00,161 --> 00:25:02,270 today, and, you know, not answering the phone. 344 00:25:02,710 --> 00:25:04,590 You know, I'll just call him tomorrow. 345 00:25:04,910 --> 00:25:06,046 I'm like, why do you do that? 346 00:25:06,070 --> 00:25:07,110 Why do you put stuff off? 347 00:25:07,270 --> 00:25:08,470 You could just handle it now. 348 00:25:09,910 --> 00:25:13,050 We had fought about it before, because there were times when, 349 00:25:13,250 --> 00:25:16,150 probably even when I called, that he didn't answer. 350 00:25:18,750 --> 00:25:21,103 Merit's ex-girlfriend, who's the mother of the 351 00:25:21,104 --> 00:25:24,010 couple's three children, spoke out tonight after court. 352 00:25:24,150 --> 00:25:27,830 I know he's not guilty, because he was with me the night that they went missing. 353 00:25:28,050 --> 00:25:31,045 Uh, the whole time period that they're talking about, 354 00:25:31,046 --> 00:25:33,910 the entire weekend, he was in and out of the house. 355 00:25:42,740 --> 00:25:44,860 Kathy was his alibi. 356 00:25:45,600 --> 00:25:49,220 She was the alibi witness to say, he was home on that night. 357 00:25:49,840 --> 00:25:54,354 So, for me, it was important to show that he wasn't home, 358 00:25:54,355 --> 00:25:57,640 and that the evidence didn't support him being home. 359 00:25:57,900 --> 00:26:02,256 Just returning briefly to the phone records from 360 00:26:02,257 --> 00:26:05,680 the 4th on 439C, which we have up on the screen. 361 00:26:05,700 --> 00:26:10,240 You indicated that the defendant got a phone call that night from Joseph, right? 362 00:26:10,241 --> 00:26:10,700 Yes. 363 00:26:10,880 --> 00:26:13,600 And that was sometime around 8 or 8.30? 364 00:26:14,120 --> 00:26:14,640 Yes. 365 00:26:15,100 --> 00:26:17,620 And these are the defendant's phone records. 366 00:26:17,760 --> 00:26:19,800 Can you show me where that call is on here? 367 00:26:20,020 --> 00:26:20,280 No. 368 00:26:20,940 --> 00:26:21,940 Why? 369 00:26:22,160 --> 00:26:23,580 Because it's not on there. 370 00:26:25,860 --> 00:26:30,758 That night, you know, this last call on Joseph's 371 00:26:30,759 --> 00:26:34,980 phone to Chase never shows up on Chase's phone. 372 00:26:35,920 --> 00:26:39,995 She may believe with all of her heart she saw that call, 373 00:26:39,996 --> 00:26:42,836 but, you know, it didn't happen the night they went missing. 374 00:26:42,860 --> 00:26:44,460 There's no evidence of that. 375 00:26:46,020 --> 00:26:49,980 In order for a phone to ring that many times and you saying, hey, it's Joseph, 376 00:26:50,100 --> 00:26:51,216 aren't you going to pick it up? 377 00:26:51,240 --> 00:26:54,560 There's no way that call wouldn't have registered on his bill. 378 00:26:56,360 --> 00:27:02,540 Our belief was that there was a brief phone call that was made so that it 379 00:27:02,615 --> 00:27:07,760 actually registered on Joseph's phone, but not on Merit's phone. 380 00:27:09,320 --> 00:27:12,131 After he killed Joseph, he took his phone, 381 00:27:12,132 --> 00:27:16,181 called himself before he got rid of the phone. 382 00:27:16,400 --> 00:27:19,920 The stuff that he was saying physically did not happen. 383 00:27:21,020 --> 00:27:23,360 I don't remember the phone call at all. 384 00:27:23,480 --> 00:27:24,600 I don't remember it ringing. 385 00:27:24,760 --> 00:27:26,180 I don't remember St. Joseph's name. 386 00:27:26,360 --> 00:27:28,140 I remember nothing about it. 387 00:27:29,380 --> 00:27:34,700 The only reason I know that it occurred is because Kathy has a good memory and she 388 00:27:34,701 --> 00:27:38,780 told me it happened, so I believe her, but I don't remember it. 389 00:27:39,440 --> 00:27:45,160 Now, if I'm trying to establish an alibi, why would I come back and then say, 390 00:27:45,380 --> 00:27:47,560 I don't ever remember getting that phone call? 391 00:27:47,860 --> 00:27:49,520 I would say, oh yeah, he called. 392 00:27:49,820 --> 00:27:50,820 Sure. 393 00:27:50,980 --> 00:27:52,260 He called me at 8.30. 394 00:27:53,080 --> 00:27:54,340 But I never said that. 395 00:27:54,480 --> 00:27:56,360 I always, I was adamant. 396 00:27:56,540 --> 00:27:58,420 I don't remember that phone call. 397 00:27:58,660 --> 00:28:03,541 Do you think we would be here talking today if you had picked up that phone call? 398 00:28:06,580 --> 00:28:08,940 Um, that's a very, very good question. 399 00:28:10,300 --> 00:28:12,820 I should answer my flippin' phone. 400 00:28:18,450 --> 00:28:21,916 And you were trying to get a hold of the defendant 401 00:28:21,917 --> 00:28:25,190 from between basically 609 to 904, right? 402 00:28:27,490 --> 00:28:28,050 Yes. 403 00:28:28,470 --> 00:28:30,760 And it's your testimony that the defendant was 404 00:28:30,761 --> 00:28:32,950 home at that time when you made those calls? 405 00:28:33,150 --> 00:28:34,290 I believe so, yes. 406 00:28:34,291 --> 00:28:34,450 Yes. 407 00:28:34,550 --> 00:28:35,550 And where was he? 408 00:28:36,350 --> 00:28:37,350 I don't know. 409 00:28:37,390 --> 00:28:39,850 He could have been someplace else on the property. 410 00:28:40,350 --> 00:28:41,350 Such as? 411 00:28:41,770 --> 00:28:45,190 Such as the business center at the clubhouse. 412 00:28:45,490 --> 00:28:48,484 So for three hours, you're trying to get a hold of him, 413 00:28:48,485 --> 00:28:52,590 but you couldn't walk to the clubhouse at 256 feet? 414 00:28:54,830 --> 00:28:57,210 His phone was off the grid at this time. 415 00:28:57,530 --> 00:29:01,890 So, you know, if you were trying to get a hold of somebody for essentially a 416 00:29:01,891 --> 00:29:05,887 three-hour period, it just doesn't make any sense 417 00:29:05,888 --> 00:29:09,370 that you wouldn't just walk down to the clubhouse. 418 00:29:10,550 --> 00:29:13,730 Because I think at some point, you would get to be a little bit concerned 419 00:29:13,731 --> 00:29:18,410 if somebody tells you they're, you know, right around the corner from 420 00:29:18,411 --> 00:29:21,950 you, and you've called so many times, and they're not answering. 421 00:29:22,710 --> 00:29:24,610 That would be pure speculation. 422 00:29:25,510 --> 00:29:26,510 Phone's off. 423 00:29:26,630 --> 00:29:29,210 So he has to be doing X, Y, and Z. 424 00:29:30,410 --> 00:29:31,410 Okay. 425 00:29:33,570 --> 00:29:34,310 Phone's off. 426 00:29:34,311 --> 00:29:36,210 He was also planning to kill the president. 427 00:29:36,810 --> 00:29:37,410 Phone's off. 428 00:29:37,590 --> 00:29:39,670 You just make up any story you want. 429 00:29:40,210 --> 00:29:41,490 And that's what they were doing. 430 00:29:41,750 --> 00:29:45,210 It was just inventing stories without evidence because they had no evidence. 431 00:29:46,530 --> 00:29:48,950 That could mean a number of things. 432 00:29:49,650 --> 00:29:51,210 that it's in airplane mode. 433 00:29:51,470 --> 00:29:52,490 Battery could be dead. 434 00:29:52,750 --> 00:29:56,090 That means it could not be recognized by a tower. 435 00:29:56,850 --> 00:29:59,630 The cell service is not working on your phone. 436 00:30:02,930 --> 00:30:06,172 I think at that point, you're dealing with a woman who's going 437 00:30:06,173 --> 00:30:09,490 to say anything that she can, even if it's not the truth. 438 00:30:19,630 --> 00:30:22,073 When you get on the stand, don't hesitate 439 00:30:22,074 --> 00:30:25,871 to say that on the stand if that's the case. 440 00:30:26,710 --> 00:30:33,830 Because I know for a fact, now that I go back over everything, I was home. 441 00:30:42,890 --> 00:30:46,793 We believed he was maybe trying to persuade the witnesses, 442 00:30:46,794 --> 00:30:50,130 maybe talking about something pertinent to the trial. 443 00:30:50,131 --> 00:30:53,737 So we ended up having to put recording devices 444 00:30:53,738 --> 00:30:56,930 in his visiting booths to capture those visits. 445 00:30:57,150 --> 00:31:01,518 And that's kind of what really led us to see how 446 00:31:01,519 --> 00:31:05,331 he was trying to influence Cathy specifically. 447 00:31:21,300 --> 00:31:24,497 When you go in for a visit into the jail facility, 448 00:31:24,498 --> 00:31:27,500 there's a phone on one side and a phone on the other side. 449 00:31:27,501 --> 00:31:30,720 And there's some plexiglass in the middle, and you pick up the phone and you have the 450 00:31:30,721 --> 00:31:32,720 conversation with whoever is on the other side. 451 00:31:33,460 --> 00:31:36,760 And there's not an expectation of privacy when you visit with somebody. 452 00:31:36,900 --> 00:31:39,060 And it says that this call is being recorded. 453 00:31:39,640 --> 00:31:41,160 He would circumvent that. 454 00:31:41,410 --> 00:31:44,740 And the way that he would do that is they would yell through the plexiglass. 455 00:31:44,741 --> 00:31:49,960 So the opportunity came before Cathy was going to testify. 456 00:31:51,960 --> 00:31:58,076 And it was basically Ryan Smith who miked both sides of 457 00:31:58,077 --> 00:32:01,380 the booth so that the conversation could be recorded. 458 00:32:04,940 --> 00:32:07,553 And when you had visits with the defendant in 459 00:32:07,554 --> 00:32:10,661 person, you would talk through the glass, right? 460 00:32:11,500 --> 00:32:12,980 Yes, on his patient. 461 00:32:13,720 --> 00:32:17,760 And that's because the defendant didn't want anything recorded, right? 462 00:32:18,240 --> 00:32:19,240 Speculation. 463 00:32:20,080 --> 00:32:24,760 And he talked to you about some stuff that you were supposed to testify about, 464 00:32:24,880 --> 00:32:25,880 right? 465 00:32:26,000 --> 00:32:28,380 He mentioned stuff that might be coming up. 466 00:32:28,920 --> 00:32:32,460 And he told you that you've got to remember that, right? 467 00:32:32,900 --> 00:32:33,900 Yes. 468 00:32:34,260 --> 00:32:39,220 So isn't it true that when you met with the defendant, you went over the specifics 469 00:32:39,221 --> 00:32:42,500 of that, what you were supposed to testify about? 470 00:32:43,080 --> 00:32:44,080 No. 471 00:32:44,860 --> 00:32:45,860 No. 472 00:32:46,120 --> 00:32:47,120 No. 473 00:32:47,240 --> 00:32:50,900 Your Honor, at this time, the people would request a play to call. 474 00:32:51,960 --> 00:32:53,800 We would request a publish to the jury. 475 00:32:56,180 --> 00:32:57,620 Did you meet with Raj? 476 00:32:58,420 --> 00:32:59,420 No. 477 00:33:02,550 --> 00:33:03,710 He came... 478 00:33:06,170 --> 00:33:14,170 He came and saw me, went over some of the stuff about you, wanted to know what... 479 00:33:14,171 --> 00:33:19,470 I wanted him to ask you and what... 480 00:33:20,100 --> 00:33:22,430 maybe you should try to remember, things like that. 481 00:33:23,440 --> 00:33:26,460 When you get on the stand, you're going to be 482 00:33:26,461 --> 00:33:29,150 asked specifically, do you know about this? 483 00:33:29,310 --> 00:33:30,310 Yes. 484 00:33:30,995 --> 00:33:32,990 You know, you don't have to go into big detail. 485 00:33:34,890 --> 00:33:38,450 I tell Raj, you just need to leave me. 486 00:33:38,670 --> 00:33:39,670 And he will. 487 00:33:41,540 --> 00:33:43,130 You know, he's good. 488 00:33:43,905 --> 00:33:46,990 They said, he wasn't home, he was... 489 00:33:48,150 --> 00:33:49,150 remember that? 490 00:33:50,525 --> 00:33:53,090 And you tried to call him five times... 491 00:33:54,290 --> 00:33:55,330 during the evening? 492 00:33:55,950 --> 00:33:58,891 He wouldn't... you wouldn't be trying to call him if he was home, would you? 493 00:33:59,290 --> 00:34:03,050 Don't... don't hesitate to say that, on the stand, if that's the case. 494 00:34:04,710 --> 00:34:05,710 Because... 495 00:34:06,720 --> 00:34:13,330 I know for a fact, now that I go back over everything, I was home. 496 00:34:15,510 --> 00:34:16,990 Oh, I was pissed. 497 00:34:16,991 --> 00:34:19,510 I wanted her to get up and slap with Ms. Rodriguez. 498 00:34:20,330 --> 00:34:25,870 But they used it to try to say, oh, he was trying to influence Kathy. 499 00:34:26,770 --> 00:34:33,710 Prosecution has completely misinterpreted, misconstrued 80 or 90% of my words. 500 00:34:35,770 --> 00:34:38,770 Those recordings, and then it was played. 501 00:34:40,230 --> 00:34:45,710 The mood of the defense team changed. 502 00:34:46,990 --> 00:34:53,250 Up to that point, we thought this case was ours to lose. 503 00:34:53,530 --> 00:34:58,410 At that point, we had done everything right. 504 00:35:00,010 --> 00:35:08,010 When that came out, we said, that impacts not only Kathy, but us. 505 00:35:08,750 --> 00:35:11,430 It paints us in a light that's not accurate. 506 00:35:12,230 --> 00:35:13,910 That was not what we were doing. 507 00:35:15,570 --> 00:35:17,230 It was not a good day. 508 00:35:18,230 --> 00:35:20,210 All the credibility we tried to build. 509 00:35:20,650 --> 00:35:22,090 And it got destroyed. 510 00:35:23,170 --> 00:35:24,170 That day. 511 00:35:28,140 --> 00:35:31,370 The cause of death was determined to be blunt force trauma. 512 00:35:32,250 --> 00:35:36,630 And based on the entire investigation and the evidence obtained, investigators 513 00:35:36,631 --> 00:35:40,770 believe these murders occurred at their residence in Fallbrook. 514 00:35:41,590 --> 00:35:43,490 There was no physical evidence in the house. 515 00:35:43,950 --> 00:35:45,890 It was damaging to the case, in my opinion. 516 00:35:50,250 --> 00:35:52,430 State your full name, spell it for the record. 517 00:35:53,650 --> 00:35:59,150 Joseph Sears, J-O-S-E-P-H-S-E-S-E-S-E-T-O-M-E-E-R-X. 518 00:36:01,470 --> 00:36:03,030 What is your acquisition, sir? 519 00:36:03,790 --> 00:36:06,150 I'm sorry for the San Diego County Sheriff's Department. 520 00:36:06,950 --> 00:36:12,150 After reviewing the San Diego investigation, all their reports and 521 00:36:12,151 --> 00:36:18,070 photographs, and you returning to the house, doing your test, is there anything 522 00:36:18,071 --> 00:36:24,810 in that house that you have found, you have read, or you have seen that tells 523 00:36:24,811 --> 00:36:28,190 you those murders happened in the Fallbrook house? 524 00:36:30,850 --> 00:36:31,530 Yes. 525 00:36:31,531 --> 00:36:37,110 Did you see any evidence that shows you that the crime happened in that house? 526 00:36:40,080 --> 00:36:41,080 No. 527 00:36:42,870 --> 00:36:44,370 But you believe it did? 528 00:36:44,730 --> 00:36:45,730 No. 529 00:36:46,090 --> 00:36:47,090 Without evidence? 530 00:36:47,530 --> 00:36:49,270 That's your argument, it is sustained. 531 00:36:51,890 --> 00:36:56,350 Isn't it true that if you can't find evidence to make that murder happen in the 532 00:36:56,351 --> 00:36:59,590 house, you can't prove a case to make that murder happen? 533 00:36:59,910 --> 00:37:00,390 Objection? 534 00:37:00,670 --> 00:37:01,890 That's argumentative. 535 00:37:02,250 --> 00:37:04,250 The suicide is not evidence and legal conclusions. 536 00:37:04,690 --> 00:37:05,690 This thing... 537 00:37:06,990 --> 00:37:09,050 All their affidavits say the murders happened. 538 00:37:09,290 --> 00:37:11,550 They're like, yeah, this happened in the house. 539 00:37:12,410 --> 00:37:13,550 You have a belief. 540 00:37:13,790 --> 00:37:15,970 This is what you want the truth to be. 541 00:37:16,670 --> 00:37:20,751 You have no evidence that supports it, but you're still gonna support that belief. 542 00:37:31,620 --> 00:37:34,258 The bottom line is this did not resemble a 543 00:37:34,259 --> 00:37:36,840 crime scene where a family of four was killed. 544 00:37:37,100 --> 00:37:40,220 And so that was a, you know, a big hole in their case. 545 00:37:40,500 --> 00:37:46,200 And if you have a crime scene where the family's basically slaughtered at the 546 00:37:46,201 --> 00:37:49,500 house, there's gonna be an awful lot of blood everywhere. 547 00:38:14,090 --> 00:38:19,100 During preparation for trial, Mr. Dougherty actually was kind of thumbing 548 00:38:19,101 --> 00:38:21,461 through the photographs that we were gonna use for exhibits. 549 00:38:22,430 --> 00:38:28,160 And for whatever reason, he zoomed in on a portion of the table by the remote. 550 00:38:28,960 --> 00:38:32,444 When Sean found this, it was, oh my God, come 551 00:38:32,445 --> 00:38:36,461 see, come look at what, tell me what you see. 552 00:38:36,720 --> 00:38:39,080 And we just kind of went, oh my God. 553 00:38:40,840 --> 00:38:44,080 They saw what they thought was blood spatter on the table. 554 00:38:46,620 --> 00:38:50,740 And now that I'm looking at a picture that was taken that close, that sure as, 555 00:38:51,000 --> 00:38:53,240 sure as heck looks like blood to me. 556 00:38:53,980 --> 00:38:54,980 Blood spatter. 557 00:38:55,380 --> 00:38:58,360 I mean, I don't know how you could call that anything else. 558 00:38:58,361 --> 00:39:03,720 It would lead you to believe that something violent happened. 559 00:39:07,180 --> 00:39:09,380 And this picture here... 560 00:39:10,960 --> 00:39:15,200 I mean, this one just absolutely looks like blood. 561 00:39:16,220 --> 00:39:17,260 Blood spatter. 562 00:39:17,500 --> 00:39:19,780 I don't know how you could say it was anything but. 563 00:39:26,025 --> 00:39:27,520 It was basically new evidence. 564 00:39:27,880 --> 00:39:28,160 Yeah. 565 00:39:28,161 --> 00:39:29,161 Yeah. 566 00:39:30,900 --> 00:39:34,114 That was crazy to me because, um, it just seems 567 00:39:34,115 --> 00:39:36,801 like such a travesty that this was missed. 568 00:39:37,180 --> 00:39:39,701 That, to me, was one of the biggest things in the 569 00:39:39,702 --> 00:39:42,680 trial that got to me when they pulled this out. 570 00:39:42,960 --> 00:39:48,600 Because, you know, the defense opened their case by saying, you know, 571 00:39:48,620 --> 00:39:51,820 there's not a single bit of evidence in the house that anything like this happened. 572 00:39:51,821 --> 00:39:54,960 And then the prosecution was able to say, are you sure? 573 00:40:02,820 --> 00:40:05,140 Speak your full name and spell it for the record. 574 00:40:05,720 --> 00:40:06,900 It was Dennis Williams. 575 00:40:07,880 --> 00:40:11,060 D-E-N-Y-S Williams. 576 00:40:11,460 --> 00:40:13,920 W-I-L-L-I-A-M-S. 577 00:40:14,320 --> 00:40:14,800 D-E-N-Y-S. 578 00:40:14,801 --> 00:40:15,801 D-E-N-Y-S. 579 00:40:19,970 --> 00:40:20,590 D-E-N-Y-S. 580 00:40:20,591 --> 00:40:21,150 D-E-N-Y-S. 581 00:40:21,151 --> 00:40:21,390 D-E-N-Y-S. 582 00:40:21,391 --> 00:40:21,750 D-E-N-Y-S. 583 00:40:21,751 --> 00:40:21,790 D-E-N-Y-S. 584 00:40:21,970 --> 00:40:22,110 D-E-N-Y-S. 585 00:40:22,330 --> 00:40:23,330 D-E-N-Y-S. 586 00:40:23,430 --> 00:40:24,430 D-E-N-Y-S. 587 00:40:24,670 --> 00:40:25,910 D-E-N-Y-S. 588 00:40:25,911 --> 00:40:26,911 D-E-N-Y-S. 589 00:40:34,070 --> 00:40:35,210 D-E-N-Y-S. 590 00:40:36,290 --> 00:40:38,290 D-E-N-Y-S. 591 00:40:39,270 --> 00:40:42,070 D-E-N-Y-S. 592 00:40:43,990 --> 00:40:45,930 D-E-N-Y-S. 593 00:40:45,931 --> 00:40:48,111 With your experience of processing crime scenes, 594 00:40:48,112 --> 00:40:50,891 did you have a belief of what it could be? 595 00:40:51,130 --> 00:40:52,530 I thought it could be blunt. 596 00:40:54,590 --> 00:40:57,046 She was really kind of beating herself up 597 00:40:57,047 --> 00:40:59,710 about, had I seen that, I would have tested it. 598 00:40:59,830 --> 00:41:01,390 I can't believe I missed that. 599 00:41:03,050 --> 00:41:06,290 We circulated it with a whole bunch of people and they said, could be, 600 00:41:06,430 --> 00:41:07,090 looks like it. 601 00:41:07,310 --> 00:41:09,770 There's no way I could say that though, because I don't know. 602 00:41:10,550 --> 00:41:11,550 Just like Ms. Williams. 603 00:41:12,230 --> 00:41:15,610 She looked ashamed, to be honest, like, oh God, how did we miss that? 604 00:41:15,950 --> 00:41:18,590 And like, why? 605 00:41:19,010 --> 00:41:21,122 And then, you know, even if they missed it in the 606 00:41:21,123 --> 00:41:24,390 moment, didn't they have these photos to look back on? 607 00:41:24,630 --> 00:41:27,326 This is probably the only thing that they found that would 608 00:41:27,327 --> 00:41:29,531 show that anything would have happened in that house. 609 00:41:30,270 --> 00:41:35,910 For us, it was really an unfortunate thing that was missed. 610 00:41:35,911 --> 00:41:41,210 If that had actually been tested at the time and there was a realization that it 611 00:41:41,211 --> 00:41:43,750 was blood, this entire case would be different. 612 00:41:44,710 --> 00:41:45,710 I'm 613 00:41:48,770 --> 00:41:50,670 not a blood spatter examiner. 614 00:41:51,430 --> 00:41:54,050 That takes some more training than I have. 615 00:41:54,170 --> 00:41:56,650 But I have had classes and it works better. 616 00:41:56,830 --> 00:41:58,370 And to me, it looked like... 617 00:41:58,371 --> 00:42:01,350 I'm going to object to the foundation if she's not an expert. 618 00:42:01,910 --> 00:42:02,910 She's the same. 619 00:42:04,830 --> 00:42:05,990 This is not blood. 620 00:42:06,170 --> 00:42:06,970 It's just the bottom line. 621 00:42:07,090 --> 00:42:08,090 It's just not blood. 622 00:42:08,290 --> 00:42:11,047 Clearly, it's the nature of the wood and the natural staining 623 00:42:11,048 --> 00:42:13,850 or the staining of this particular design or whatever. 624 00:42:14,630 --> 00:42:19,090 There were so many people that had tables with that stain on it. 625 00:42:19,270 --> 00:42:22,253 Like, this is something you can go to, you know, Levitt's 626 00:42:22,254 --> 00:42:25,750 Furniture and see a table with that same stain pattern. 627 00:42:26,750 --> 00:42:30,510 We were inundated with emails and social media 628 00:42:30,590 --> 00:42:33,510 comments that we have, oh, I'll send you my table. 629 00:42:34,670 --> 00:42:36,941 The idea that they all missed it and that 630 00:42:36,942 --> 00:42:39,770 somehow could be blood is a preposterous idea. 631 00:42:40,170 --> 00:42:42,670 It's simply untrue. 632 00:42:43,570 --> 00:42:46,670 The San Diego Sheriff's Department investigated. 633 00:42:46,930 --> 00:42:48,026 They were there in the house. 634 00:42:48,050 --> 00:42:52,197 The kicker was, this table was the table sitting in the middle 635 00:42:52,198 --> 00:42:55,630 of the room that was used as a command post for the officers. 636 00:42:55,930 --> 00:42:57,490 And they all missed it. 637 00:42:58,790 --> 00:43:02,790 So, prosecution wanting to allow a jury to speculate that that could be blood, 638 00:43:03,270 --> 00:43:04,610 that's the problem. 639 00:43:04,890 --> 00:43:06,710 And that should not have been allowed. 640 00:43:07,610 --> 00:43:08,910 Clearly, it's not blood. 641 00:43:13,860 --> 00:43:17,640 It's presenting falsehoods intentionally in front of a jury. 642 00:43:17,641 --> 00:43:19,980 So, it allows them to speculate on something 643 00:43:19,981 --> 00:43:22,181 that they shouldn't be speculating about. 644 00:43:22,240 --> 00:43:23,860 And there's no evidence to back it up. 645 00:43:24,000 --> 00:43:25,000 It was unethical. 646 00:43:25,920 --> 00:43:31,620 I will say that I think Raj Malin, out of the two of them, probably felt like 647 00:43:31,621 --> 00:43:37,120 the brain power was more than he could handle. 648 00:43:37,121 --> 00:43:43,280 I definitely think there was probably some intimidation, at least on his level, 649 00:43:43,520 --> 00:43:46,620 about the brain power on that side. 650 00:43:49,260 --> 00:43:50,740 I think it was blood. 651 00:43:52,240 --> 00:43:53,240 I really do. 652 00:43:55,200 --> 00:44:00,060 But what gets me is, for the life of me, what happened to the table? 653 00:44:01,060 --> 00:44:05,300 When Susan and Michael and him go in to clean the house up because it's going to 654 00:44:05,301 --> 00:44:08,300 be foreclosed on, what happened to the table? 655 00:44:08,301 --> 00:44:08,560 A little bit more. 656 00:44:08,960 --> 00:44:09,160 I've had... 657 00:44:09,500 --> 00:44:11,580 I've had a lot of the government on this side, but... 54860

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