All language subtitles for 2022-Two Shallow Graves-The McStay Family Murders-EP4-The Desert Ping-E

af Afrikaans
ak Akan
sq Albanian
am Amharic
ar Arabic
hy Armenian
az Azerbaijani
eu Basque
be Belarusian
bem Bemba
bn Bengali
bh Bihari
bs Bosnian
br Breton
bg Bulgarian
km Cambodian
ca Catalan
ceb Cebuano
chr Cherokee
ny Chichewa
zh-CN Chinese (Simplified)
zh-TW Chinese (Traditional) Download
co Corsican
hr Croatian
cs Czech
da Danish
nl Dutch
eo Esperanto
et Estonian
ee Ewe
fo Faroese
tl Filipino
fi Finnish
fr French
fy Frisian
gaa Ga
gl Galician
ka Georgian
de German
el Greek
gn Guarani
gu Gujarati
ht Haitian Creole
ha Hausa
haw Hawaiian
iw Hebrew
hi Hindi
hmn Hmong
hu Hungarian
is Icelandic
ig Igbo
id Indonesian
ia Interlingua
ga Irish
it Italian
ja Japanese
jw Javanese
kn Kannada
kk Kazakh
rw Kinyarwanda
rn Kirundi
kg Kongo
ko Korean
kri Krio (Sierra Leone)
ku Kurdish
ckb Kurdish (Soranรฎ)
ky Kyrgyz
lo Laothian
la Latin
lv Latvian
ln Lingala
lt Lithuanian
loz Lozi
lg Luganda
ach Luo
lb Luxembourgish
mk Macedonian
mg Malagasy
ms Malay
ml Malayalam
mt Maltese
mi Maori
mr Marathi
mfe Mauritian Creole
mo Moldavian
mn Mongolian
my Myanmar (Burmese)
sr-ME Montenegrin
ne Nepali
pcm Nigerian Pidgin
nso Northern Sotho
no Norwegian
nn Norwegian (Nynorsk)
oc Occitan
or Oriya
om Oromo
ps Pashto
fa Persian
pl Polish
pt-BR Portuguese (Brazil)
pt Portuguese (Portugal)
pa Punjabi
qu Quechua
ro Romanian
rm Romansh
nyn Runyakitara
ru Russian
sm Samoan
gd Scots Gaelic
sr Serbian
sh Serbo-Croatian
st Sesotho
tn Setswana
crs Seychellois Creole
sn Shona
sd Sindhi
si Sinhalese
sk Slovak
sl Slovenian
so Somali
es Spanish
es-419 Spanish (Latin American)
su Sundanese
sw Swahili
sv Swedish
tg Tajik
ta Tamil
tt Tatar
te Telugu
th Thai
ti Tigrinya
to Tonga
lua Tshiluba
tum Tumbuka
tr Turkish
tk Turkmen
tw Twi
ug Uighur
uk Ukrainian
ur Urdu
uz Uzbek
vi Vietnamese
cy Welsh
wo Wolof
xh Xhosa
yi Yiddish
yo Yoruba
zu Zulu
Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:09,760 --> 00:00:12,180 It just kind of went, oh, my God. 2 00:00:13,020 --> 00:00:14,460 Sure as heck looks like blood to me. 3 00:00:14,600 --> 00:00:15,600 This is not blood. 4 00:00:15,750 --> 00:00:16,500 It's just the bottom line. 5 00:00:16,620 --> 00:00:17,620 It's just not blood. 6 00:00:17,940 --> 00:00:22,360 The defense point the finger at Dan Cavanaugh and maybe others. 7 00:00:23,100 --> 00:00:25,080 Prosecuting the wrong person makes no sense. 8 00:00:25,400 --> 00:00:26,580 They got the wrong guy. 9 00:00:27,020 --> 00:00:28,400 I never knew who did it. 10 00:00:29,530 --> 00:00:30,610 I never settled on anybody. 11 00:00:31,080 --> 00:00:36,760 This is Chase's truck at the house at the time the family disappeared. 12 00:00:37,060 --> 00:00:38,440 No doubt that was not his truck. 13 00:00:38,441 --> 00:00:40,260 Evidence doesn't lie. 14 00:00:40,560 --> 00:00:43,620 That's the first time I heard about this latch theory. 15 00:00:43,920 --> 00:00:45,700 I think something is wrong here. 16 00:00:45,960 --> 00:00:49,380 You withheld this evidence, and now your expert is saying that you're full of shit. 17 00:00:49,560 --> 00:00:51,000 You can't keep this from a defense. 18 00:00:51,260 --> 00:00:53,380 Those are very serious accusations. 19 00:00:53,840 --> 00:00:55,220 This is grounds for a mistrial. 20 00:01:16,590 --> 00:01:21,410 When I was a young pup prosecutor, if I ever got caught in a discovery 21 00:01:21,411 --> 00:01:26,990 violation or not having given the defense pretty much open file discovery or 22 00:01:26,991 --> 00:01:30,370 withheld something, I would not have a job. 23 00:01:30,530 --> 00:01:32,668 But today, more and more prosecutors are 24 00:01:32,669 --> 00:01:35,551 getting away with it without any consequences. 25 00:01:36,150 --> 00:01:38,650 We need to be a place in this country where they're talking about criminal 26 00:01:38,651 --> 00:01:43,370 justice reform, where the defense has a fighting shot, when they're confronted by 27 00:01:43,371 --> 00:01:48,010 prosecutors who, in my opinion, are not following their oath of office. 28 00:01:57,210 --> 00:02:01,920 Prosecution has an ethical duty to give over all information that could be 29 00:02:01,921 --> 00:02:07,240 exculpatory or help the defense combat the people's case. 30 00:02:07,380 --> 00:02:08,580 They must turn over. 31 00:02:08,800 --> 00:02:09,560 They can't hide it. 32 00:02:09,640 --> 00:02:10,860 We don't have to ask for it. 33 00:02:11,240 --> 00:02:14,820 If they found it on accident, oops, we got to give it over. 34 00:02:14,821 --> 00:02:20,161 Dr. Rudin texted him and said, these are all the problems, laying them out in detail. 35 00:02:20,440 --> 00:02:22,980 And that, they didn't give to us. 36 00:02:24,610 --> 00:02:25,610 They hid that. 37 00:02:26,540 --> 00:02:29,162 And that was the problem, because he went in 38 00:02:29,163 --> 00:02:32,741 clear detail why this is not Chase's trial. 39 00:02:36,200 --> 00:02:40,100 A Brady violation and a death penalty case, come on. 40 00:02:40,880 --> 00:02:46,180 Now, what we suspected all along, that this prosecutor is a liar, 41 00:02:46,480 --> 00:02:49,400 a cheater, has come to fruition. 42 00:02:50,440 --> 00:02:53,420 So, the next question is, what's going to be done about it? 43 00:03:09,210 --> 00:03:13,350 I think what I was most worried about was that there might be a mistrial. 44 00:03:13,351 --> 00:03:13,450 I don't know. 45 00:03:14,020 --> 00:03:15,020 Want to order? 46 00:03:22,790 --> 00:03:30,790 So, the question is, was it misconduct for Mr. Arms not to provide the information? 47 00:03:32,550 --> 00:03:39,050 It was one of those things where you're just, it's not in your hands, but you're 48 00:03:39,051 --> 00:03:42,550 really concerned that the family's going to have to go through all this again, 49 00:03:42,650 --> 00:03:47,130 and it's going to prevent them from getting the closure they deserve. 50 00:03:50,210 --> 00:03:53,146 I can tell from your reaction that you remember 51 00:03:53,147 --> 00:03:55,490 this being one of the tensest moments of the trial. 52 00:03:55,650 --> 00:03:56,050 Absolutely. 53 00:03:56,490 --> 00:04:01,010 If you watched the trial, I'm sitting there, and I'm very intent listening to 54 00:04:01,011 --> 00:04:04,642 everything, and not looking at anybody or anything, 55 00:04:04,643 --> 00:04:07,851 and just stayed that way until it was done. 56 00:04:10,620 --> 00:04:18,430 In exhibit O, the more detailed text message, should have been provided. 57 00:04:20,460 --> 00:04:26,480 But while it should have been provided, according to you, the motion for mistrial 58 00:04:26,630 --> 00:04:27,630 is denied. 59 00:04:28,120 --> 00:04:35,100 The motion to recuse Mr. Hines or any other prosecutors is denied. 60 00:04:38,380 --> 00:04:46,380 The motion for mistrial is denied on the grounds that there was no suppression of 61 00:04:46,680 --> 00:04:50,740 evidence and no prejudice. 62 00:04:54,580 --> 00:04:57,280 The motion for mistrial is denied. 63 00:04:58,100 --> 00:05:00,160 Yeah, I just remember my feeling of relief. 64 00:05:00,640 --> 00:05:01,980 He violated the law. 65 00:05:02,660 --> 00:05:06,420 It's very clear in California as a prosecutor, if you withhold exculpatory 66 00:05:06,770 --> 00:05:07,800 evidence, you go to jail. 67 00:05:08,080 --> 00:05:09,520 But that didn't happen. 68 00:05:11,860 --> 00:05:15,916 Mr. Hines did provide information to the 69 00:05:15,917 --> 00:05:20,861 defense that Dr. Rudin had changed his opinion. 70 00:05:21,260 --> 00:05:26,400 I sent an email to the defense disclosing Mr. Rudin's statements that he had made to 71 00:05:26,401 --> 00:05:31,240 me to the best of my ability to recount them, as well as inviting them to contact 72 00:05:31,241 --> 00:05:36,140 him on their own, because that's my legal and ethical obligation to do so. 73 00:05:36,141 --> 00:05:40,500 What Brit Hines shared with us in this email is not what was really happening. 74 00:05:41,520 --> 00:05:45,300 What's really happening behind the scenes is Dr. Rudin has changed his mind, 75 00:05:45,600 --> 00:05:49,800 and now he has a different opinion, which we had no clue. 76 00:05:51,040 --> 00:05:54,220 It's clearly not a Brady violation since there was a disclosure. 77 00:05:54,460 --> 00:05:56,760 A Brady violation occurs when there's no disclosure. 78 00:05:57,060 --> 00:06:01,160 So I know they make a big deal out of it, but I informed them. 79 00:06:01,180 --> 00:06:09,180 There was, number one, just an inordinate amount of prosecutorial misconduct. 80 00:06:09,600 --> 00:06:16,220 The judge was... he assisted the prosecution at virtually every turn. 81 00:06:17,860 --> 00:06:21,395 How can a judge do literally nothing, not on some 82 00:06:21,396 --> 00:06:24,340 obscure issue, on the main focus of their case? 83 00:06:24,760 --> 00:06:26,660 It ain't his truck, judge. 84 00:06:27,240 --> 00:06:29,400 They've been telling the jury all along it's his truck. 85 00:06:29,580 --> 00:06:32,020 They knew it wasn't his truck, and they didn't tell us. 86 00:06:32,460 --> 00:06:34,200 I... I don't know... 87 00:06:35,080 --> 00:06:37,420 I don't know what he was thinking, to be honest. 88 00:06:40,270 --> 00:06:44,200 There is something I feel compelled to address in this case, and that is the 89 00:06:44,201 --> 00:06:48,880 behavior of the prosecution, which, in my personal opinion, has been juvenile 90 00:06:49,180 --> 00:06:51,893 and unbecoming of professionals who are paid 91 00:06:51,894 --> 00:06:54,620 public money to serve as ministers of justice. 92 00:06:54,840 --> 00:06:58,320 The problem I have is that it's happened more than once. 93 00:06:58,540 --> 00:07:03,160 I would not expect nor accept continued behavior like this in my courtroom. 94 00:07:15,940 --> 00:07:18,020 Whose vehicle is leaving on the 4th? 95 00:07:18,380 --> 00:07:19,380 I don't know. 96 00:07:20,280 --> 00:07:23,300 That seems to be an unanswered question. 97 00:07:23,740 --> 00:07:27,880 There was a lot of people in their life that did have white SUVs or trucks. 98 00:07:28,900 --> 00:07:31,540 I mean, Chase had a white truck. 99 00:07:33,360 --> 00:07:36,000 McVadden had a Toyota 4Runner that was white. 100 00:07:36,980 --> 00:07:38,380 Vic had a white truck. 101 00:07:39,260 --> 00:07:41,280 Shoot, everybody had a white truck. 102 00:07:41,281 --> 00:07:42,721 I'm trying to remember who else now. 103 00:07:50,600 --> 00:07:53,930 I think the quick summary of motive means and opportunity is 104 00:07:53,931 --> 00:07:57,340 that Charles Merritt was being sidelined from the business. 105 00:07:57,780 --> 00:07:58,980 Hey, Chase, step back. 106 00:08:00,900 --> 00:08:05,140 When that got challenged and was gonna dry up, that creates the motive. 107 00:08:05,420 --> 00:08:08,020 It has to continue some way, one way or the other. 108 00:08:09,420 --> 00:08:13,120 The means of doing so, I mean, he has the tools, he has the truck, 109 00:08:13,300 --> 00:08:14,980 he has the ability to spirit them away. 110 00:08:17,080 --> 00:08:20,900 The opportunity is mainly shown through his cell phone records. 111 00:08:21,560 --> 00:08:23,420 Cell phone pings are a really big deal. 112 00:08:23,580 --> 00:08:25,940 It's yet to be explained by any of them. 113 00:08:43,460 --> 00:08:46,582 If you look in the mountain to the west of us, that's the cell 114 00:08:46,583 --> 00:08:50,480 phone tower that Chase's phone pinged off on February 6th. 115 00:08:50,481 --> 00:08:51,260 Right? 116 00:08:51,460 --> 00:08:54,120 So you can see that's where they were buried. 117 00:08:54,800 --> 00:08:56,640 And then you see where the tower is. 118 00:08:56,780 --> 00:09:01,340 It really kind of just shows you there's no other business to be done out here. 119 00:09:03,420 --> 00:09:07,520 So, the fact that he was here, it's very telling. 120 00:09:10,020 --> 00:09:15,180 What is the likelihood that that cell phone ping by the defendant's phone just 121 00:09:15,181 --> 00:09:20,860 happened to hit a cell tower on a mountain that happened to cover, with its radius, 122 00:09:21,960 --> 00:09:22,960 the grave sites? 123 00:09:24,760 --> 00:09:27,720 How can you explain your cell phone ping at the grave site? 124 00:09:29,540 --> 00:09:32,140 My cell phone ping at the grave site? 125 00:09:34,180 --> 00:09:37,400 Um... I really... It's difficult to explain. 126 00:09:42,820 --> 00:09:47,876 I wanted to show you another clip of Chase and his 127 00:09:47,877 --> 00:09:51,400 attorney talking about what he was doing that day. 128 00:09:51,401 --> 00:09:52,401 Jesus. 129 00:09:54,220 --> 00:09:55,900 You know you're curious. 130 00:09:56,560 --> 00:09:57,560 No, I am. 131 00:09:57,660 --> 00:09:59,220 I just sit and I shake my head. 132 00:10:01,340 --> 00:10:01,670 Um... 133 00:10:02,000 --> 00:10:05,080 The concept... to me... 134 00:10:06,840 --> 00:10:08,160 of having... 135 00:10:09,220 --> 00:10:15,940 a defense attorney allow a documentary team to interview my client in the middle 136 00:10:16,140 --> 00:10:24,140 of trial, even before trial or after trial, it's such a risk, considering this 137 00:10:24,141 --> 00:10:27,600 is privileged material, which they are then... 138 00:10:28,600 --> 00:10:32,940 waiving that privilege and allowing it to be, in this case, sold off. 139 00:10:35,520 --> 00:10:37,740 To me, as a lawyer, it's a little bothersome. 140 00:10:39,280 --> 00:10:40,280 Ethically, but... 141 00:10:41,220 --> 00:10:43,493 If you would have done this, you would think 142 00:10:43,494 --> 00:10:45,900 you'd make a halfway decent alibi argument. 143 00:10:46,120 --> 00:10:47,400 You don't remember squat. 144 00:10:47,401 --> 00:10:51,100 So, what kind of person does this and doesn't plan out an alibi? 145 00:10:51,400 --> 00:10:52,900 Like, you've got to be the dumbest. 146 00:10:53,200 --> 00:10:57,675 Well, you've got to realize, what they're saying is, I did all these things, and I. 147 00:10:58,295 --> 00:10:58,920 .. 148 00:10:59,840 --> 00:11:02,320 meticulously planned them, meticulously... 149 00:11:04,720 --> 00:11:05,980 meticulously knew when to shut my phone off and 150 00:11:05,981 --> 00:11:08,160 when to turn it on to keep from being... Detective. 151 00:11:08,500 --> 00:11:09,100 ...at these places. 152 00:11:09,260 --> 00:11:12,420 Turn my phone on while I'm burying the box. 153 00:11:13,240 --> 00:11:16,220 No one has asserted that Mr. Merritt was meticulous. 154 00:11:17,400 --> 00:11:19,000 He thought he was meticulous. 155 00:11:19,720 --> 00:11:21,180 I don't think we ever said that. 156 00:11:30,990 --> 00:11:33,210 So, February 4th is the last time you see Joseph. 157 00:11:33,770 --> 00:11:37,186 In the week after that, is there any reason that anyone would 158 00:11:37,187 --> 00:11:39,730 have seen you or your vehicle up in the high desert area? 159 00:11:41,390 --> 00:11:42,530 Uh, Victorville? 160 00:11:43,050 --> 00:11:43,670 Victorville, yeah. 161 00:11:43,671 --> 00:11:45,550 Not that I know of. 162 00:11:46,690 --> 00:11:48,150 Unless I went to... 163 00:11:49,010 --> 00:11:50,010 my sister's. 164 00:11:51,370 --> 00:11:53,390 Was there any reason you could have been there? 165 00:11:54,380 --> 00:11:56,790 Well, if I had been there, I'd been to visit my sister. 166 00:11:56,990 --> 00:11:59,290 But he never claimed to have been visiting his sister. 167 00:11:59,570 --> 00:12:00,930 He did a what if. 168 00:12:01,170 --> 00:12:02,990 If I had been there, but I wasn't. 169 00:12:03,290 --> 00:12:05,810 If I had been there, I would have met my sister's house. 170 00:12:07,950 --> 00:12:12,741 When he's getting asked those questions, I believe 171 00:12:12,742 --> 00:12:16,211 that was in 2014, four years after the event. 172 00:12:17,850 --> 00:12:23,030 Imagine trying to recall what you did four years ago without the help of your 173 00:12:23,031 --> 00:12:27,330 assistant, your notes, your phone, your receipts, your bank records, 174 00:12:27,670 --> 00:12:29,050 your cell phone records, anything. 175 00:12:30,450 --> 00:12:34,030 Was I in Victorville after they left? 176 00:12:34,330 --> 00:12:35,730 Or after they disappeared? 177 00:12:35,731 --> 00:12:36,731 Yeah. 178 00:12:36,970 --> 00:12:38,510 I believe that I was. 179 00:12:41,030 --> 00:12:44,467 Obviously, phone pings are not so inaccurate that they're 180 00:12:44,468 --> 00:12:47,770 not going to tell you at least what city you were in. 181 00:12:48,590 --> 00:12:50,010 Do I remember being there? 182 00:12:50,090 --> 00:12:50,230 No. 183 00:12:50,950 --> 00:12:55,130 Are there several things that I would have done up there? 184 00:12:55,250 --> 00:12:56,250 Of course. 185 00:12:56,470 --> 00:12:58,730 Half of my family lives on the high desert. 186 00:13:11,020 --> 00:13:14,800 The problem is you're only hearing one side of the story. 187 00:13:15,260 --> 00:13:18,940 And you're not hearing, you're not knowing the real name. 188 00:13:19,240 --> 00:13:21,640 There is so much more that happened. 189 00:13:22,020 --> 00:13:24,460 I think the biggest question is, is Chase innocent? 190 00:13:24,740 --> 00:13:25,160 Is he innocent? 191 00:13:25,520 --> 00:13:25,520 Yes. 192 00:13:25,680 --> 00:13:27,680 There's no way he could hurt a human being. 193 00:13:27,880 --> 00:13:28,380 Absolutely. 194 00:13:28,760 --> 00:13:31,700 Ladies, thank you very much. 195 00:13:33,860 --> 00:13:36,440 Juanita Merritt is Chase's older sister. 196 00:13:36,840 --> 00:13:41,100 During the time the McStays went missing, she lived up here in this area, 197 00:13:41,420 --> 00:13:43,840 so I went and knocked on her door. 198 00:13:51,180 --> 00:13:58,980 The date is October 13th, 2014, at 0846 hours. 199 00:13:59,900 --> 00:14:03,940 Detective Ryan Smith attempting contact with Juanita Merritt. 200 00:14:05,580 --> 00:14:10,440 So, obviously, with, you know, Chase being Joseph's business partner, 201 00:14:10,630 --> 00:14:13,190 and then having family in the area, it's a hell of a coincidence. 202 00:14:13,270 --> 00:14:15,500 And we need to make sure we investigate that. 203 00:14:16,075 --> 00:14:18,820 Now, again, I gotta take you back 10 years. 204 00:14:19,260 --> 00:14:21,520 I just don't, it's too weird. 205 00:14:21,740 --> 00:14:22,940 I agree with you. 206 00:14:23,220 --> 00:14:23,440 Yeah. 207 00:14:23,960 --> 00:14:30,040 Because, um, Chase, at that time, when he was with Joe, never came up here. 208 00:14:30,580 --> 00:14:32,200 He didn't even hardly visit. 209 00:14:32,201 --> 00:14:34,980 I can remember one time he visited. 210 00:14:35,340 --> 00:14:36,540 About how long before... 211 00:14:37,840 --> 00:14:38,840 So, I mean... 212 00:14:38,990 --> 00:14:40,920 In five years, I hadn't seen him. 213 00:14:42,060 --> 00:14:46,580 So, that's considerable... He didn't come up to the desert because he works 24-7. 214 00:14:47,860 --> 00:14:53,180 For us, that statement that he wasn't up in the desert, and if he was, it would 215 00:14:53,181 --> 00:14:57,280 have been that he was visiting her, combined with her statement that he 216 00:14:57,281 --> 00:15:00,960 absolutely was not visiting her, was important to be able to show, 217 00:15:01,140 --> 00:15:05,052 hey, that interpretation of his phone pinging off 218 00:15:05,053 --> 00:15:09,100 of that cell tower on that date is not reasonable. 219 00:15:14,960 --> 00:15:19,320 Do you recall learning that Joseph McStay had disappeared? 220 00:15:20,060 --> 00:15:20,740 Yes. 221 00:15:21,020 --> 00:15:26,160 And how often do you think that you would see your brother around that timeframe? 222 00:15:27,040 --> 00:15:28,800 I saw him quite often. 223 00:15:33,030 --> 00:15:35,396 Do you remember telling the detective that you 224 00:15:35,397 --> 00:15:37,850 hadn't seen him probably for about five years? 225 00:15:37,851 --> 00:15:38,851 No. 226 00:15:41,250 --> 00:15:42,250 Okay. 227 00:15:42,590 --> 00:15:46,056 And in 2010, isn't it true that you told the 228 00:15:46,057 --> 00:15:49,951 detective that your brother hardly visited? 229 00:15:50,390 --> 00:15:53,190 I don't remember saying anything like that. 230 00:15:53,450 --> 00:15:55,130 I saw my brother all the time. 231 00:15:56,850 --> 00:16:00,535 Would it refresh your memory to take a look at it, a portion 232 00:16:00,536 --> 00:16:04,210 of the transcript that is the interview with the detective? 233 00:16:04,690 --> 00:16:05,850 No, I doubt it. 234 00:16:06,130 --> 00:16:06,890 You don't think it would? 235 00:16:06,891 --> 00:16:09,130 I just recently got out of the hospital. 236 00:16:09,750 --> 00:16:12,810 I couldn't, I couldn't hardly talk when he was at my house. 237 00:16:14,830 --> 00:16:17,710 I think pretty much everybody knew she was sitting there in line. 238 00:16:17,990 --> 00:16:24,230 If I'd have been the judge, really even being an impartial person, I would have 239 00:16:24,231 --> 00:16:26,370 had her arrested right on the spot for perjury. 240 00:16:28,270 --> 00:16:34,250 I think there was a general belief by the defense that was conveyed to Juanita like, 241 00:16:34,251 --> 00:16:38,126 hey, we may need to cover other portions of time where 242 00:16:38,127 --> 00:16:40,990 maybe his phone was off the grid or something like that. 243 00:16:41,010 --> 00:16:42,930 So we want to make sure that that's covered. 244 00:16:43,670 --> 00:16:48,410 And so she did completely change her testimony from, hey, he's never up here, 245 00:16:48,530 --> 00:16:52,590 we never see him, to, oh yeah, he's around all the time. 246 00:16:57,470 --> 00:17:00,910 I fully expected her to change her story. 247 00:17:01,090 --> 00:17:02,630 If she told the truth, great. 248 00:17:02,970 --> 00:17:07,411 You know, there would have been no need for us to call Sergeant Smith to impeach her. 249 00:17:08,430 --> 00:17:11,429 And when you interviewed her, did it appear to 250 00:17:11,430 --> 00:17:14,091 you that she was under the influence at all? 251 00:17:14,350 --> 00:17:15,470 No, sir, ma'am. 252 00:17:16,290 --> 00:17:17,990 How do you impeach her testimony? 253 00:17:18,310 --> 00:17:19,510 With, with her own words. 254 00:17:19,750 --> 00:17:21,230 This is what she's saying now. 255 00:17:21,610 --> 00:17:22,830 This is the interview. 256 00:17:23,030 --> 00:17:24,230 This is how we talk. 257 00:17:24,730 --> 00:17:28,890 And did she provide any information to you as to when the 258 00:17:28,891 --> 00:17:32,730 last time was that she had seen her brother, Charles Merrick? 259 00:17:33,190 --> 00:17:37,510 She referenced meeting him at a Cocos that, uh, Mr. McGill had driven her to. 260 00:17:37,790 --> 00:17:40,470 Uh, but she estimated the time frame was approximately five years. 261 00:17:41,070 --> 00:17:44,750 He didn't ping in the desert that day because he was visiting his sister. 262 00:17:45,500 --> 00:17:48,390 He pinged in the desert that day because he was at the grave site. 263 00:17:51,560 --> 00:17:53,820 How do you think her testimony went? 264 00:17:55,390 --> 00:18:02,380 I think her testimony, um, was not helpful for the defense. 265 00:18:02,860 --> 00:18:08,236 Um, just because it, it looks like maybe she might 266 00:18:08,237 --> 00:18:11,240 be trying to cover for him or something like that. 267 00:18:11,241 --> 00:18:17,540 Yeah, I think the prosecution was, was aiming for that, is to make the 268 00:18:17,541 --> 00:18:23,440 defense look less credible or make, you know, try to get rid of that as an 269 00:18:23,441 --> 00:18:26,280 alibi so that the defense wouldn't be able to argue that. 270 00:18:30,920 --> 00:18:33,300 Do you think the jury believed her on the stand or 271 00:18:33,301 --> 00:18:36,200 do you think they believed what Smith testified to? 272 00:18:36,201 --> 00:18:38,940 Uh, they believed what Smith testified to. 273 00:18:39,580 --> 00:18:42,640 When they put her on the stand, they knew exactly how they were going to 274 00:18:43,340 --> 00:18:51,340 show that she would obviously lie for me in order to win the day. 275 00:18:52,220 --> 00:18:53,220 She's my sister. 276 00:18:53,620 --> 00:18:55,020 She loves me to death. 277 00:18:55,180 --> 00:18:58,600 And I'm not saying she would lie, but I'm not saying that she wouldn't. 278 00:19:04,010 --> 00:19:07,530 If they're asking if Chase was there, it's for no good reason. 279 00:19:07,531 --> 00:19:09,730 And they come from that mentality. 280 00:19:10,390 --> 00:19:11,990 You don't tell the cops anything. 281 00:19:12,190 --> 00:19:14,690 You certainly don't tell them where your, your kin is. 282 00:19:14,930 --> 00:19:16,730 You know, your, your brother. 283 00:19:18,030 --> 00:19:23,570 I think it's easy to distrust the police when they've experienced it. 284 00:19:24,150 --> 00:19:27,030 Chase's brother was actually accused of being the hillside strangler. 285 00:19:27,290 --> 00:19:32,450 He was jailed and it literally broke their family apart. 286 00:19:32,750 --> 00:19:33,870 They had death threats. 287 00:19:34,270 --> 00:19:36,270 You don't admit anything to the police. 288 00:19:37,930 --> 00:19:40,410 You tell them, no, deny, no, deny. 289 00:19:40,750 --> 00:19:42,010 Police are not your friends. 290 00:19:42,170 --> 00:19:43,610 You don't give them the information. 291 00:19:43,950 --> 00:19:46,370 And that's where those answers came from. 292 00:19:47,750 --> 00:19:51,810 Your brother was arrested, uh, for the hillside strangler case. 293 00:19:52,030 --> 00:19:53,490 Can you talk about that at all? 294 00:19:57,590 --> 00:20:03,110 In Los Angeles, a killer the police are calling the hillside strangler has 295 00:20:03,111 --> 00:20:08,291 murdered 10 young women and left their bodies on the hillsides along the highways. 296 00:20:09,230 --> 00:20:12,370 Fourteen young women have been murdered in Los Angeles in recent weeks. 297 00:20:12,810 --> 00:20:14,690 Eleven of the murders are thought to be related. 298 00:20:14,910 --> 00:20:18,610 And no solution to the series of murders appears to be in sight. 299 00:20:18,611 --> 00:20:24,430 On December 2nd, investigator Williams traveled to Hesperia, California and 300 00:20:24,431 --> 00:20:28,350 arrested Bennett Merritt, a 24-year-old male Caucasian. 301 00:20:29,590 --> 00:20:37,590 My brother was actually in jail for months with newspaper articles all over the place 302 00:20:37,591 --> 00:20:40,510 stating, caught the hillside strangler, done deal. 303 00:20:40,511 --> 00:20:46,950 And then six, seven months later, the stranglings continued. 304 00:20:48,070 --> 00:20:50,990 And they still wouldn't let him go. 305 00:20:51,190 --> 00:20:52,630 Oh, it's a copycat. 306 00:20:53,590 --> 00:20:57,650 Finally, they actually caught the hillside strangler. 307 00:20:58,230 --> 00:20:59,370 Let him go. 308 00:20:59,650 --> 00:21:01,450 You know, sorry. 309 00:21:02,010 --> 00:21:03,010 My bad. 310 00:21:05,630 --> 00:21:08,190 It devastated our family back then. 311 00:21:12,740 --> 00:21:20,740 Just like it's devastating our family with this. 312 00:21:24,140 --> 00:21:29,300 So, yeah, it's, this has been a road. 313 00:21:43,520 --> 00:21:47,920 In my mind, there was a financial aspect of 314 00:21:47,921 --> 00:21:52,521 this murder that explained why this happened. 315 00:21:53,860 --> 00:22:00,880 As we're going through the QuickBooks, what we see initially is that there are 316 00:22:00,881 --> 00:22:07,160 checks made out to Chase for pending projects that in the computer they show 317 00:22:07,161 --> 00:22:12,600 were generated on the 5th, but they're backdated to the 4th. 318 00:22:14,780 --> 00:22:19,820 Nobody knows that the 4th is the last day the family dropped off the radar at this 319 00:22:19,821 --> 00:22:23,280 point, you know, because no one even went over to the house until the 9th. 320 00:22:24,040 --> 00:22:30,140 Chase printed these checks, backdated them to the 4th and actually cashed them. 321 00:22:30,440 --> 00:22:38,340 On the 9th, he calls QuickBooks saying that he's Joseph and requesting to 322 00:22:38,341 --> 00:22:43,140 completely delete the account, like, purge it from QuickBooks system. 323 00:22:50,150 --> 00:22:55,388 So, on Friday, October 24th, this was 2014, I made 324 00:22:55,389 --> 00:22:59,230 a conference call with Ryan Baker at QuickBooks. 325 00:23:00,010 --> 00:23:06,650 This is approximately 4 1โ„2 years later, and as he pulled it up and looked, 326 00:23:07,130 --> 00:23:09,650 he said, I remember this call because it was an unusual request. 327 00:23:09,930 --> 00:23:12,938 My entire time that I've been a QuickBooks associate, 328 00:23:12,939 --> 00:23:15,630 I've only had 5 people ever want to delete their accounts. 329 00:23:16,370 --> 00:23:19,210 So, there's no confusion on what Chase was asking for. 330 00:23:19,590 --> 00:23:24,511 And then when I saw the case notes, and I saw that it was Chase's phone number. 331 00:23:24,890 --> 00:23:28,990 And next to it, it has the customer name and it says Joseph McStay. 332 00:23:30,470 --> 00:23:33,670 This was one of those, oh my gosh, I'm running out of the office, 333 00:23:33,671 --> 00:23:36,470 like, swinging this paper going, you guys. 334 00:23:37,410 --> 00:23:42,110 Five days later, Chase is calling QuickBooks to delete the account, 335 00:23:42,310 --> 00:23:44,850 and he's saying he's Joseph McStay. 336 00:23:46,190 --> 00:23:51,310 I knew that we were on to him, and we needed Ryan Baker to testify. 337 00:23:53,430 --> 00:23:58,171 The next witness has some medical issues and can't 338 00:23:58,172 --> 00:24:04,310 travel, so we are going to do the testimony via Skype. 339 00:24:04,690 --> 00:24:07,730 And we didn't like, so we can see it on the screen. 340 00:24:08,810 --> 00:24:11,590 Did the caller provide you a reason in terms 341 00:24:11,591 --> 00:24:14,971 of why they were calling customer support? 342 00:24:15,330 --> 00:24:16,150 It did. 343 00:24:16,250 --> 00:24:20,210 The caller actually advised that they wanted the account deleted from our 344 00:24:20,211 --> 00:24:23,720 servers and removed from our system, so all the 345 00:24:23,721 --> 00:24:27,011 data would be expunged from our system itself. 346 00:24:27,610 --> 00:24:30,430 Did the call appear to be unusual to you? 347 00:24:30,790 --> 00:24:32,610 It was very unusual, yes ma'am. 348 00:24:32,730 --> 00:24:33,890 Why was it unusual? 349 00:24:33,891 --> 00:24:40,390 It's very, very, very highly unlikely that you get a phone call where someone is just 350 00:24:40,391 --> 00:24:44,210 very demanding to have it removed from the system itself. 351 00:24:44,510 --> 00:24:46,530 People are protected, not your resident. 352 00:24:49,070 --> 00:24:54,230 So when you hear Ryan Baker say he called and pretended to be Joey and asked to 353 00:24:54,930 --> 00:24:57,230 delete QuickBooks, did you say, oh shit? 354 00:24:57,231 --> 00:24:59,010 Oh, I said more than oh shit. 355 00:24:59,170 --> 00:25:00,510 I said more than that. 356 00:25:00,770 --> 00:25:05,950 I mean, any suspicions I had, that's it. 357 00:25:06,450 --> 00:25:07,790 This guy is the guy. 358 00:25:11,270 --> 00:25:17,490 When you have prosecutors saying, you know, ooh, delete, pretend it to be Joseph. 359 00:25:17,770 --> 00:25:20,610 And I remember this distinctly, you know, the kind of thing. 360 00:25:20,870 --> 00:25:25,370 You're casting it in such a sinister bubble, you just don't know what a jury's 361 00:25:25,371 --> 00:25:27,246 gonna... Are they gonna look at the meat and potatoes? 362 00:25:27,270 --> 00:25:28,910 Are they gonna be swayed by the fluff? 363 00:25:28,911 --> 00:25:32,210 I mean, I knew it didn't mean anything. 364 00:25:34,330 --> 00:25:38,960 Joseph said, we need to get the QuickBooks offline. 365 00:25:40,810 --> 00:25:44,190 Because QuickBooks Online can be hacked by Dan Cavanaugh. 366 00:25:45,210 --> 00:25:49,610 So he said, we have to get QuickBooks offline and just transfer it to QuickBooks 367 00:25:49,611 --> 00:25:54,050 Pro, where it's only on his computer and it can't be accessed. 368 00:25:55,190 --> 00:26:00,587 Joseph specifically asked me to call QuickBooks because he was 369 00:26:00,588 --> 00:26:05,050 not feeling well a great deal of the time in his last days. 370 00:26:05,710 --> 00:26:07,810 Joseph had that mysterious illness. 371 00:26:08,130 --> 00:26:10,230 He had been complaining about being dizzy. 372 00:26:10,910 --> 00:26:13,307 He'd been in the hospital and doctors were trying 373 00:26:13,308 --> 00:26:15,450 to find out what it was and they couldn't find it. 374 00:26:15,710 --> 00:26:17,390 We all wondered what it was. 375 00:26:17,391 --> 00:26:22,794 He was becoming increasingly afraid that his cell phone 376 00:26:22,795 --> 00:26:26,850 was causing his headaches and his equilibrium problems. 377 00:26:27,210 --> 00:26:34,890 So he knew from previous encounters with QuickBooks that whenever you call, 378 00:26:36,230 --> 00:26:41,370 it took literally over a half an hour to actually 379 00:26:41,371 --> 00:26:44,810 put you to a representative that could help you. 380 00:26:44,811 --> 00:26:50,950 He asked me if I'm minded calling and go ahead and order QuickBooks Pro. 381 00:26:51,470 --> 00:26:53,810 So that's exactly what I did. 382 00:26:55,770 --> 00:27:04,110 Okay, so the transfer from online to desktop is a pretty normal thing that occurs. 383 00:27:04,250 --> 00:27:05,250 Is that correct? 384 00:27:05,710 --> 00:27:06,210 Yes, correct. 385 00:27:06,350 --> 00:27:07,350 That's correct. 386 00:27:07,670 --> 00:27:12,430 The mere fact that Chase said he wants to delete online doesn't mean anything 387 00:27:12,431 --> 00:27:15,191 because all that information is going to be downloaded onto a desktop. 388 00:27:15,630 --> 00:27:19,470 At the end of the day, no one ever deleted anything, correct? 389 00:27:20,330 --> 00:27:20,810 Correct. 390 00:27:21,330 --> 00:27:21,570 All right. 391 00:27:22,050 --> 00:27:27,710 To them it looked suspicious and they played it up, but in reality it meant nothing. 392 00:27:28,370 --> 00:27:34,110 So it was just an absurd red herring where they could say the words delete, 393 00:27:34,390 --> 00:27:35,790 backdate. 394 00:27:36,610 --> 00:27:37,290 Right? 395 00:27:37,570 --> 00:27:38,750 And ooh and ah. 396 00:27:39,010 --> 00:27:45,050 The whole Ryan Baker transaction and whatever that was is a complete nothing. 397 00:27:45,610 --> 00:27:46,610 Thank you. 398 00:27:49,850 --> 00:27:54,977 About a third of the way into the trial, I started 399 00:27:54,978 --> 00:27:58,731 realizing it's not going to be such a slam dunk. 400 00:27:59,530 --> 00:28:04,910 And not because the facts didn't warrant an acquittal. 401 00:28:05,730 --> 00:28:09,635 It's because I came to the realization that the 402 00:28:09,636 --> 00:28:13,051 facts weren't going to actually get to the jury. 403 00:28:24,200 --> 00:28:27,329 So one of the more difficult things about being in 404 00:28:27,330 --> 00:28:30,160 trial is you're just not sitting in court listening. 405 00:28:30,161 --> 00:28:35,044 You were on edge the entire time, thinking about what's 406 00:28:35,045 --> 00:28:38,320 coming, getting ready to make objections if necessary. 407 00:28:38,840 --> 00:28:40,280 Objection, argumentative. 408 00:28:40,420 --> 00:28:42,300 He's stating what the witness actually knows. 409 00:28:43,880 --> 00:28:45,520 It's like a nervous dog. 410 00:28:46,140 --> 00:28:50,260 It's expending all its energy because it's just, everything is heightened. 411 00:28:50,920 --> 00:28:54,020 Your senses, your thinking, everything's going at top speed. 412 00:28:54,520 --> 00:28:57,160 So you never have enough. 413 00:28:57,460 --> 00:28:59,360 You're always exhausted at the end of the day. 414 00:29:00,940 --> 00:29:05,020 But you have to go home, prepare, to get ready for the next day. 415 00:29:05,280 --> 00:29:11,260 So physically to go through a trial this length, you have to then endurance. 416 00:29:32,430 --> 00:29:36,000 I understand Mr. McGee was backfield enrolled this afternoon. 417 00:29:37,320 --> 00:29:41,859 And Mr. McGee, you indicated you felt you were able 418 00:29:41,860 --> 00:29:46,720 to take over the rest of the examination of Mr. B2. 419 00:29:46,980 --> 00:29:47,380 Is that right? 420 00:29:47,381 --> 00:29:47,860 Yes, Sean. 421 00:29:48,220 --> 00:29:49,396 All right, I'm going to see you. 422 00:29:49,420 --> 00:29:49,640 Yes. 423 00:29:49,940 --> 00:29:50,940 Okay. 424 00:29:51,960 --> 00:29:53,400 It was actually kind of sudden. 425 00:29:54,340 --> 00:30:02,340 We went back to court after lunch and he basically said that he's not feeling good 426 00:30:02,341 --> 00:30:05,960 and he's got to take at least that time off, you know, that afternoon or whatever. 427 00:30:06,640 --> 00:30:07,640 Nothing further. 428 00:30:07,740 --> 00:30:08,420 Nothing further. 429 00:30:08,421 --> 00:30:08,660 Anything else? 430 00:30:08,780 --> 00:30:09,080 All right. 431 00:30:09,740 --> 00:30:11,355 And then I learned shortly after that, you 432 00:30:11,356 --> 00:30:14,281 know, he's not going to be coming back tomorrow. 433 00:30:15,520 --> 00:30:17,040 And then it became the next day. 434 00:30:17,820 --> 00:30:19,880 We weren't really sure what was going on. 435 00:30:20,080 --> 00:30:21,800 We were not told what was wrong. 436 00:30:22,120 --> 00:30:25,420 There was an issue with Mr. McGee and we didn't know what it was. 437 00:30:43,920 --> 00:30:46,600 So why are we calling it a truck is my first question. 438 00:30:46,800 --> 00:30:49,780 Why did we put a truck in the report? 439 00:30:50,060 --> 00:30:51,620 Do we know it's a truck? 440 00:30:51,621 --> 00:30:57,480 If you look, when the brake lights come on, you can see the outline of the box. 441 00:30:57,700 --> 00:31:00,763 In your report, you say you can only see the brake, 442 00:31:00,764 --> 00:31:03,380 the headlights, the brake lights, the tailpipe. 443 00:31:03,880 --> 00:31:05,860 You don't mention that you can see the box too. 444 00:31:05,861 --> 00:31:08,620 Please don't take me on like you're cross-examining me. 445 00:31:08,820 --> 00:31:09,820 I'm just exhausted. 446 00:31:10,040 --> 00:31:10,940 No, no, no, no. 447 00:31:11,060 --> 00:31:14,400 I'm not... I'm very comfortable with Jim because we work so much together. 448 00:31:15,140 --> 00:31:18,920 Yeah, but yes-ing each other only gets us into trouble. 449 00:31:19,560 --> 00:31:22,245 Don't take anything I'm saying as criticism or 450 00:31:22,246 --> 00:31:24,741 anything, how they're going to cross-examine you. 451 00:31:24,980 --> 00:31:26,700 It's for our own good, both of our own good. 452 00:31:30,300 --> 00:31:33,960 I have butterflies in my stomach because Jim and I are so prepared. 453 00:31:33,961 --> 00:31:37,660 And for you to be changing marks from the middle of the screen... 454 00:31:37,661 --> 00:31:38,460 It's not my choice, believe me. 455 00:31:38,461 --> 00:31:39,220 I know, I know. 456 00:31:39,360 --> 00:31:40,360 It's not my choice. 457 00:31:50,480 --> 00:31:54,640 If you push F5, it'll just have the one in the new message. 458 00:31:55,260 --> 00:31:56,260 Arrow, please. 459 00:31:56,620 --> 00:31:57,060 F5? 460 00:31:57,280 --> 00:31:58,280 Uh-huh. 461 00:31:59,740 --> 00:32:00,740 No? 462 00:32:01,640 --> 00:32:04,780 How about if I just do it the old-fashioned way by moving my mouse? 463 00:32:05,280 --> 00:32:06,280 Okay. 464 00:32:06,780 --> 00:32:08,720 Do you want me to stop at any particular point? 465 00:32:09,540 --> 00:32:10,540 Oh. 466 00:32:11,440 --> 00:32:12,640 I'm gonna back up. 467 00:32:12,780 --> 00:32:13,780 Okay. 468 00:32:14,220 --> 00:32:18,040 He was trying to control it and then it didn't work and it was just a nightmare. 469 00:32:19,200 --> 00:32:20,200 Just a nightmare. 470 00:32:22,080 --> 00:32:26,424 It doesn't help that you have three prosecutors 471 00:32:26,425 --> 00:32:29,580 enjoying your snafus and kind of making it known. 472 00:32:29,581 --> 00:32:31,980 And what they're doing is they're ridiculing. 473 00:32:32,240 --> 00:32:33,480 They're mocking. 474 00:32:33,780 --> 00:32:34,840 They're making faces. 475 00:32:35,020 --> 00:32:36,420 They're talking amongst themselves. 476 00:32:36,540 --> 00:32:40,180 Now we're on the third frame of that. 477 00:32:40,400 --> 00:32:41,400 Sorry. 478 00:32:41,640 --> 00:32:43,440 Fourth frame of that. 479 00:32:43,480 --> 00:32:44,480 It does? 480 00:32:45,960 --> 00:32:46,960 Okay. 481 00:32:47,400 --> 00:32:48,640 Let's start again. 482 00:32:49,440 --> 00:32:55,260 Jim met Raj in a lurch because Raj just did not have enough time to get ready for 483 00:32:55,261 --> 00:32:58,560 these witnesses that Jim was supposed to handle. 484 00:33:00,380 --> 00:33:03,860 So it was bad all around me. 485 00:33:10,250 --> 00:33:14,330 I'm not gonna discuss medically what happened to me, but I had to have a 486 00:33:14,680 --> 00:33:16,550 neurologist get me through it. 487 00:33:18,310 --> 00:33:24,030 I literally sat there in a daze and I had no thoughts going in my head. 488 00:33:27,370 --> 00:33:29,130 I don't know how many weeks it was like that. 489 00:33:30,150 --> 00:33:31,410 I was in a quiet room. 490 00:33:33,010 --> 00:33:34,010 24-7. 491 00:33:36,090 --> 00:33:37,170 At some point it's a mess. 492 00:33:37,230 --> 00:33:37,690 How are you doing? 493 00:33:38,010 --> 00:33:39,010 I don't know. 494 00:33:39,050 --> 00:33:41,890 I had no concept of what was going on. 495 00:33:43,850 --> 00:33:44,850 Let's just say that. 496 00:33:47,060 --> 00:33:50,710 If you would have asked me my address, I wouldn't have told you. 497 00:33:52,650 --> 00:33:55,390 All I can say is I didn't know if I'd ever practiced law again. 498 00:33:56,910 --> 00:33:57,910 Scary. 499 00:33:58,630 --> 00:33:59,730 I was very scared. 500 00:34:09,330 --> 00:34:13,250 I just remember sitting in there and I feel the symptoms coming back. 501 00:34:13,490 --> 00:34:15,310 And I instantly said, stop. 502 00:34:16,070 --> 00:34:17,410 I need to get back out of here. 503 00:34:17,411 --> 00:34:21,355 Well, as the court knows the condition I'm 504 00:34:21,356 --> 00:34:26,311 in, I regress a little bit after we met today. 505 00:34:26,790 --> 00:34:31,150 I don't know how long it'll take me to get back. 506 00:34:32,850 --> 00:34:37,590 I think it came clear I came back too early. 507 00:34:38,250 --> 00:34:40,490 It took me about 30 minutes to figure that out. 508 00:34:46,890 --> 00:34:51,310 I know this probably doesn't weigh as heavily with the court as the defendant's 509 00:34:51,311 --> 00:34:54,118 rights, but I would like to add for the record, Marcy's 510 00:34:54,119 --> 00:34:57,510 Law and the victim's family's rights to have speedy trial. 511 00:34:57,511 --> 00:35:00,570 And the frustration that this has put on them. 512 00:35:02,730 --> 00:35:05,790 Your Honor, we are certainly cognizant of that. 513 00:35:06,010 --> 00:35:09,910 I don't think that I'm going to reply to any of the insensitive remarks of the 514 00:35:09,911 --> 00:35:14,290 prosecutors about not taking into consideration Mr. McGee's condition. 515 00:35:14,291 --> 00:35:16,146 Because they don't know what they're talking about. 516 00:35:16,170 --> 00:35:17,346 They don't know what he's feeling. 517 00:35:17,370 --> 00:35:18,410 They don't know what's going on. 518 00:35:18,411 --> 00:35:21,602 So I'm not going to address all the, I would 519 00:35:21,603 --> 00:35:25,371 call, nonsensical statements about delays. 520 00:35:28,170 --> 00:35:31,910 Well, I mean, is it possible that any of us had a negative thought creep into our 521 00:35:32,235 --> 00:35:34,075 head that this was an intentional stall tactic? 522 00:35:34,150 --> 00:35:35,150 Possibly. 523 00:35:36,000 --> 00:35:38,261 But anything was possible because, to a large degree, 524 00:35:38,262 --> 00:35:41,770 we're kept in the dark as to exactly what's going on. 525 00:35:42,170 --> 00:35:44,230 And we can only deal with what we know. 526 00:35:45,870 --> 00:35:47,710 I never really thought that he was ill. 527 00:35:48,390 --> 00:35:50,750 Like, pretty much the way that they operated led 528 00:35:50,751 --> 00:35:53,191 me to believe that everything was a lie with them. 529 00:35:53,690 --> 00:35:55,150 They felt like they were losing. 530 00:35:57,690 --> 00:35:59,310 There's no question in my mind. 531 00:36:00,910 --> 00:36:02,010 He was not sick. 532 00:36:03,350 --> 00:36:07,770 Did he go to the hospital or did he go to the doctor and get some kind of excuse, 533 00:36:08,010 --> 00:36:09,010 maybe? 534 00:36:09,170 --> 00:36:12,710 But I honestly don't believe it had anything to do with that. 535 00:36:12,711 --> 00:36:13,711 All right. 536 00:36:13,930 --> 00:36:16,882 I think that he wanted to distance himself 537 00:36:16,883 --> 00:36:20,811 because he knew damn well he was losing this case. 538 00:36:28,860 --> 00:36:33,140 We were notified that Jim was not coming back to court. 539 00:36:33,740 --> 00:36:39,940 And it ultimately caused several week delay in the proceedings for Mr. Moline to 540 00:36:39,941 --> 00:36:43,035 get up to speed, to call witnesses, and do what 541 00:36:43,036 --> 00:36:45,660 he could to continue the case at some point. 542 00:36:45,661 --> 00:36:51,400 It became like, I'm going to try for this date, but I can't tell you for sure. 543 00:36:51,401 --> 00:36:54,206 When you have a trial that's this contentious, we 544 00:36:54,207 --> 00:36:57,660 weren't sure if this was some form of gamesmanship. 545 00:36:58,720 --> 00:37:03,920 Your Honor, if we could have an offer of proof of those other two witnesses, 546 00:37:04,300 --> 00:37:05,740 we can probably just do it today. 547 00:37:06,000 --> 00:37:07,880 This is just delaying everything. 548 00:37:08,500 --> 00:37:10,300 It was very frustrating. 549 00:37:10,560 --> 00:37:13,880 It was such a big concern for us. 550 00:37:14,000 --> 00:37:16,520 Like, is this an attempt to cause a mistrial? 551 00:37:16,521 --> 00:37:18,620 If I have to do a witness, I'll do it. 552 00:37:19,340 --> 00:37:24,860 You know, it's hard not to think those things when there's been so much animosity. 553 00:37:24,861 --> 00:37:29,780 It seems to me that both sides, if given the choice of putting on evidence 554 00:37:29,781 --> 00:37:35,500 to support your side, or to attack opposing counsel, your first choice has 555 00:37:35,501 --> 00:37:39,800 been to attack and then try to work in evidence. 556 00:37:40,140 --> 00:37:43,540 I guess you think that's effective with a jury. 557 00:37:44,420 --> 00:37:48,000 But I think, Your Honor, for the record, I happened to be at a social event with 558 00:37:48,001 --> 00:37:52,600 Mr. McGee on Saturday, where he was perfectly fine drinking and dancing. 559 00:37:54,095 --> 00:37:57,420 It's starting to appear like stall tactics, intentionally done. 560 00:37:58,020 --> 00:38:00,820 We had talked about it between us, like, what in the world? 561 00:38:00,980 --> 00:38:02,880 How are you saying you're not able to continue? 562 00:38:03,020 --> 00:38:04,240 We just saw you on Saturday. 563 00:38:06,825 --> 00:38:09,360 You were drinking, you were dancing, you seemed fine. 564 00:38:09,800 --> 00:38:14,300 How are you not fine two days later that you can't do this trial? 565 00:38:18,010 --> 00:38:23,130 The wedding was in between two friends and my wife and I. 566 00:38:24,170 --> 00:38:26,030 My wife presided over the wedding. 567 00:38:27,430 --> 00:38:30,530 It involved senior members of the district attorney's office. 568 00:38:31,350 --> 00:38:34,230 The days prior, I didn't know if I would go. 569 00:38:36,190 --> 00:38:39,050 There was this conversation I had with my wife, whether or not I could. 570 00:38:39,051 --> 00:38:43,190 I said, well, I'm feeling like maybe I can return to the trial. 571 00:38:44,510 --> 00:38:46,250 So, I would like to go. 572 00:38:47,850 --> 00:38:52,270 And I encountered different people there asking how I was doing. 573 00:38:52,830 --> 00:38:54,630 Ms. Rodriguez asked how I was doing. 574 00:38:55,550 --> 00:38:59,130 I talked to Mr. Dougherty, told him I should be back there Monday. 575 00:39:00,550 --> 00:39:04,090 I stayed at the table for the most part, seated. 576 00:39:04,510 --> 00:39:08,170 My wife was up dancing on the dance floor. 577 00:39:10,530 --> 00:39:13,430 Colleagues of ours who worked at the district 578 00:39:13,431 --> 00:39:16,291 attorney asked, why aren't you dancing with Lynn? 579 00:39:17,710 --> 00:39:19,670 And I said, I don't want to fall. 580 00:39:26,020 --> 00:39:27,850 And at some point, a slow song came on. 581 00:39:28,070 --> 00:39:29,950 My wife said, I'll hold you up. 582 00:39:33,960 --> 00:39:35,160 That was my dancing. 583 00:39:38,140 --> 00:39:42,580 I did have a glass of champagne as part of the toast to the wedding party. 584 00:39:43,890 --> 00:39:44,890 Otherwise, I drink soda. 585 00:39:47,640 --> 00:39:50,480 The characterization was false. 586 00:39:59,990 --> 00:40:02,870 It is so discourteous for them to proceed in this manner. 587 00:40:03,250 --> 00:40:04,070 But we've accepted it. 588 00:40:04,170 --> 00:40:05,710 And so, we have to deal with that. 589 00:40:05,830 --> 00:40:07,150 No, that is not what we're doing. 590 00:40:08,290 --> 00:40:13,650 The games that were being played affected how the trial progressed. 591 00:40:13,651 --> 00:40:15,450 Their lack of disclosure. 592 00:40:15,890 --> 00:40:19,390 Their hiding information they're supposed to be giving over. 593 00:40:20,070 --> 00:40:24,545 There was revelations and contradictions to my 594 00:40:24,546 --> 00:40:28,530 idealism, what the law should be and what is. 595 00:40:28,810 --> 00:40:32,870 Due to the delays that have been caused by that excessive cross-examination, 596 00:40:33,650 --> 00:40:34,790 we do not believe... 597 00:40:36,250 --> 00:40:37,550 I could give them a schedule. 598 00:40:37,860 --> 00:40:39,060 It's not going to be accurate. 599 00:40:39,590 --> 00:40:42,990 Because I can't foretell the delays that they've caused. 600 00:40:44,210 --> 00:40:45,690 They didn't want to lose. 601 00:40:46,270 --> 00:40:48,450 And they would do anything to win. 602 00:40:48,750 --> 00:40:53,510 It was immoral and way, way, way out of line. 603 00:40:53,910 --> 00:40:59,390 The defense in this case has repeatedly violated this court's order... 604 00:40:59,391 --> 00:41:02,770 No, no, I'm not going to sit here and listen to them talk about us violating 605 00:41:02,771 --> 00:41:06,130 court orders when that's all they have done this entire trial. 606 00:41:06,350 --> 00:41:07,826 Well, that's an accusation of misconduct. 607 00:41:07,850 --> 00:41:08,410 Let's have a hearing. 608 00:41:08,510 --> 00:41:09,550 That's their go-to line. 609 00:41:09,650 --> 00:41:10,290 Let's have a hearing. 610 00:41:10,291 --> 00:41:17,750 Every day, a new game, or a new trick, or a new lie, or a new shenanigan. 611 00:41:17,970 --> 00:41:20,190 In response to that, we had to react. 612 00:41:20,750 --> 00:41:25,390 Every time the three of them get up, like cackling schoolgirls, and go through 613 00:41:25,391 --> 00:41:27,710 this thing that we're engaging in some type of misconduct. 614 00:41:29,130 --> 00:41:32,350 It's day after day after day after day after day of being attacked. 615 00:41:32,351 --> 00:41:34,971 I don't appreciate the detective's comments 616 00:41:34,972 --> 00:41:36,850 under his breath as I'm addressing the court. 617 00:41:36,970 --> 00:41:38,990 That wasn't Detective Smith, it was me. 618 00:41:39,290 --> 00:41:43,690 Being told you guys are lying, you are misrepresenting evidence. 619 00:41:44,090 --> 00:41:46,246 This might be something that's reportable to state ball. 620 00:41:46,270 --> 00:41:47,390 Oh, let's have that hearing. 621 00:41:47,570 --> 00:41:47,870 Let's go. 622 00:41:48,030 --> 00:41:48,750 Let's do it. 623 00:41:48,850 --> 00:41:50,490 Now the real reason is coming out. 624 00:41:50,570 --> 00:41:51,706 Let me just finish one thing. 625 00:41:51,730 --> 00:41:52,310 That's a lie. 626 00:41:52,540 --> 00:41:54,980 You're already shown to be a liar, so let's not go down there. 627 00:41:55,050 --> 00:41:55,790 Just a minute. 628 00:41:55,840 --> 00:41:57,230 It was just constant. 629 00:41:57,590 --> 00:42:03,070 Mr. McGee, if you want to argue with Mr. Irms, go out on the parking lot. 630 00:42:06,840 --> 00:42:08,980 All right, we'll be reserving the floor. 631 00:42:16,220 --> 00:42:17,220 I'm scared. 632 00:42:18,280 --> 00:42:19,280 Still. 633 00:42:20,040 --> 00:42:24,200 I'm not convinced we're running yet. 634 00:42:25,660 --> 00:42:26,780 You're chipping away? 635 00:42:27,040 --> 00:42:30,740 I try to look, what did they produce that injury and see their teeth into? 636 00:42:32,220 --> 00:42:33,040 There's some things. 637 00:42:33,200 --> 00:42:34,040 Do you want me to make a list of them? 638 00:42:34,100 --> 00:42:35,100 Yeah. 639 00:42:35,360 --> 00:42:36,560 I already have a list of them. 640 00:42:36,800 --> 00:42:37,280 I'll see ya. 641 00:42:37,580 --> 00:42:39,260 Thank you. 642 00:42:39,400 --> 00:42:40,400 Thank you, dear. 643 00:42:49,960 --> 00:42:51,260 Raise your eyebrows up. 644 00:42:51,680 --> 00:42:52,900 Okay, that looks pretty good. 645 00:42:53,060 --> 00:42:54,940 And then make an angry face here in the middle. 646 00:42:55,280 --> 00:42:55,900 That's really good. 647 00:42:55,980 --> 00:42:57,340 And then smile really, really big. 648 00:42:57,720 --> 00:43:00,800 So I think maybe just a little bit more right in here. 649 00:43:01,100 --> 00:43:02,100 Okay. 650 00:43:02,940 --> 00:43:05,400 Okay, so you're gonna feel a couple pokes here to the side. 651 00:43:06,040 --> 00:43:07,040 Okay. 652 00:43:07,100 --> 00:43:11,841 So my goal for you is not to, like, freeze you out, meaning you have no motion. 653 00:43:12,340 --> 00:43:14,220 We're trying to soften all of this. 654 00:43:14,640 --> 00:43:16,320 So what are you guys working on right now? 655 00:43:16,840 --> 00:43:19,400 We pretty much know that they don't have any evidence. 656 00:43:20,000 --> 00:43:20,940 Oh, yeah, yeah. 657 00:43:20,941 --> 00:43:23,840 I mean, out of it links our client to these murders. 658 00:43:24,020 --> 00:43:24,240 Okay. 659 00:43:24,280 --> 00:43:28,585 In fact, we have given the prosecution three DNA 660 00:43:28,586 --> 00:43:32,321 profiles of DNA that we found at the gravesite. 661 00:43:32,360 --> 00:43:32,560 Yeah. 662 00:43:32,620 --> 00:43:34,020 Where the family was buried. 663 00:43:41,170 --> 00:43:42,170 Good afternoon. 664 00:43:43,110 --> 00:43:45,792 There was three DNA profiles that were retrieved 665 00:43:45,793 --> 00:43:48,990 from the gravesite where the family was buried. 666 00:43:48,991 --> 00:43:54,090 One of the profiles that was developed was on the rope that tied up Joseph. 667 00:43:54,510 --> 00:43:59,930 We used modern technology, which was a high-powered vacuum that sucked up much 668 00:43:59,931 --> 00:44:02,850 more DNA than their traditional swabbing methods could. 669 00:44:03,050 --> 00:44:05,010 And lo and behold, we got profiles. 670 00:44:05,270 --> 00:44:09,110 These are three individuals that do not match Mr. Merritt. 671 00:44:09,390 --> 00:44:11,810 And they do not match the victim's family. 672 00:44:12,170 --> 00:44:13,170 So who are they? 673 00:44:13,430 --> 00:44:16,090 Whose DNA is on the rope that tied up Joseph? 674 00:44:17,590 --> 00:44:18,590 I'd like to know. 57340

Can't find what you're looking for?
Get subtitles in any language from opensubtitles.com, and translate them here.