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It just kind of went, oh, my God.
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Sure as heck looks like blood to me.
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This is not blood.
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It's just the bottom line.
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It's just not blood.
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The defense point the finger at Dan
Cavanaugh and maybe others.
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Prosecuting the wrong person makes no
sense.
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They got the wrong guy.
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I never knew who did it.
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I never settled on anybody.
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This is Chase's truck at the house at the
time the family disappeared.
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No doubt that was not his truck.
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Evidence doesn't lie.
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That's the first time I heard about this
latch theory.
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I think something is wrong here.
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You withheld this evidence, and now your
expert is saying that you're full of shit.
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You can't keep this from a defense.
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Those are very serious accusations.
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This is grounds for a mistrial.
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When I was a young pup prosecutor,
if I ever got caught in a discovery
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violation or not having given the defense
pretty much open file discovery or
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withheld something, I would not have a
job.
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But today, more and
more prosecutors are
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getting away with it
without any consequences.
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We need to be a place in this country
where they're talking about criminal
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justice reform, where the defense has a
fighting shot, when they're confronted by
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prosecutors who, in my opinion,
are not following their oath of office.
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Prosecution has an ethical duty to give
over all information that could be
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exculpatory or help the defense combat the
people's case.
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They must turn over.
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They can't hide it.
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We don't have to ask for it.
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If they found it on accident, oops,
we got to give it over.
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Dr. Rudin texted him and said, these are
all the problems, laying them out in detail.
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And that, they didn't give to us.
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They hid that.
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00:02:26,540 --> 00:02:29,162
And that was the
problem, because he went in
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clear detail why this
is not Chase's trial.
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A Brady violation and a death penalty
case, come on.
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Now, what we suspected all along,
that this prosecutor is a liar,
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a cheater, has come to fruition.
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So, the next question is, what's going to
be done about it?
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I think what I was most worried about was
that there might be a mistrial.
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I don't know.
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Want to order?
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So, the question is, was it misconduct for
Mr. Arms not to provide the information?
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It was one of those things where you're
just, it's not in your hands, but you're
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really concerned that the family's going
to have to go through all this again,
49
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and it's going to prevent them from
getting the closure they deserve.
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I can tell from your
reaction that you remember
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this being one of the
tensest moments of the trial.
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Absolutely.
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If you watched the trial, I'm sitting
there, and I'm very intent listening to
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everything, and not looking
at anybody or anything,
55
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and just stayed that
way until it was done.
56
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In exhibit O, the more detailed text
message, should have been provided.
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But while it should have been provided,
according to you, the motion for mistrial
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is denied.
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The motion to recuse Mr. Hines or any
other prosecutors is denied.
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00:04:38,380 --> 00:04:46,380
The motion for mistrial is denied on the
grounds that there was no suppression of
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evidence and no prejudice.
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The motion for mistrial is denied.
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Yeah, I just remember my feeling of
relief.
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He violated the law.
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00:05:02,660 --> 00:05:06,420
It's very clear in California as a
prosecutor, if you withhold exculpatory
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evidence, you go to jail.
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00:05:08,080 --> 00:05:09,520
But that didn't happen.
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00:05:11,860 --> 00:05:15,916
Mr. Hines did provide
information to the
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defense that Dr. Rudin
had changed his opinion.
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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
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me to the best of my ability to recount
them, as well as inviting them to contact
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00:05:31,241 --> 00:05:36,140
him on their own, because that's my legal
and ethical obligation to do so.
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00:05:36,141 --> 00:05:40,500
What Brit Hines shared with us in this
email is not what was really happening.
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What's really happening behind the scenes
is Dr. Rudin has changed his mind,
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and now he has a different opinion,
which we had no clue.
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00:05:51,040 --> 00:05:54,220
It's clearly not a Brady violation since
there was a disclosure.
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A Brady violation occurs when there's no
disclosure.
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So I know they make a big deal out of it,
but I informed them.
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00:06:01,180 --> 00:06:09,180
There was, number one, just an inordinate
amount of prosecutorial misconduct.
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00:06:09,600 --> 00:06:16,220
The judge was... he assisted the
prosecution at virtually every turn.
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How can a judge do
literally nothing, not on some
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obscure issue, on the
main focus of their case?
83
00:06:24,760 --> 00:06:26,660
It ain't his truck, judge.
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00:06:27,240 --> 00:06:29,400
They've been telling the jury all along
it's his truck.
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They knew it wasn't his truck,
and they didn't tell us.
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00:06:32,460 --> 00:06:34,200
I... I don't know...
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I don't know what he was thinking,
to be honest.
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00:06:40,270 --> 00:06:44,200
There is something I feel compelled to
address in this case, and that is the
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00:06:44,201 --> 00:06:48,880
behavior of the prosecution, which,
in my personal opinion, has been juvenile
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and unbecoming of
professionals who are paid
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public money to serve
as ministers of justice.
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00:06:54,840 --> 00:06:58,320
The problem I have is that it's happened
more than once.
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I would not expect nor accept continued
behavior like this in my courtroom.
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Whose vehicle is leaving on the 4th?
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I don't know.
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That seems to be an unanswered question.
97
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There was a lot of people in their life
that did have white SUVs or trucks.
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I mean, Chase had a white truck.
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McVadden had a Toyota 4Runner that was
white.
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Vic had a white truck.
101
00:07:39,260 --> 00:07:41,280
Shoot, everybody had a white truck.
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I'm trying to remember who else now.
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00:07:50,600 --> 00:07:53,930
I think the quick summary of
motive means and opportunity is
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that Charles Merritt was being
sidelined from the business.
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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.
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The means of doing so, I mean,
he has the tools, he has the truck,
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he has the ability to spirit them away.
110
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The opportunity is mainly shown through
his cell phone records.
111
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Cell phone pings are a really big deal.
112
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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
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phone tower that Chase's
phone pinged off on February 6th.
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Right?
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So you can see that's where they were
buried.
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And then you see where the tower is.
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It really kind of just shows you there's
no other business to be done out here.
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So, the fact that he was here,
it's very telling.
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What is the likelihood that that cell
phone ping by the defendant's phone just
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happened to hit a cell tower on a mountain
that happened to cover, with its radius,
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the grave sites?
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00:09:24,760 --> 00:09:27,720
How can you explain your cell phone ping
at the grave site?
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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.
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I wanted to show you
another clip of Chase and his
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attorney talking about
what he was doing that day.
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Jesus.
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You know you're curious.
130
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No, I am.
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I just sit and I shake my head.
132
00:10:01,340 --> 00:10:01,670
Um...
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The concept... to me...
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of having...
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a defense attorney allow a documentary
team to interview my client in the middle
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of trial, even before trial or after
trial, it's such a risk, considering this
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is privileged material, which they are
then...
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waiving that privilege and allowing it to
be, in this case, sold off.
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To me, as a lawyer, it's a little
bothersome.
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Ethically, but...
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If you would have done
this, you would think
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you'd make a halfway
decent alibi argument.
143
00:10:46,120 --> 00:10:47,400
You don't remember squat.
144
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So, what kind of person does this and
doesn't plan out an alibi?
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Like, you've got to be the dumbest.
146
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Well, you've got to realize, what they're
saying is, I did all these things, and I.
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..
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meticulously planned them, meticulously...
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meticulously knew when
to shut my phone off and
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when to turn it on to keep
from being... Detective.
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...at these places.
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Turn my phone on while I'm burying the
box.
153
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No one has asserted that Mr. Merritt was
meticulous.
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He thought he was meticulous.
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I don't think we ever said that.
156
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So, February 4th is the last time you see
Joseph.
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In the week after that, is there
any reason that anyone would
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have seen you or your vehicle
up in the high desert area?
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Uh, Victorville?
160
00:11:43,050 --> 00:11:43,670
Victorville, yeah.
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Not that I know of.
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Unless I went to...
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my sister's.
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Was there any reason you could have been
there?
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Well, if I had been there, I'd been to
visit my sister.
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But he never claimed to have been visiting
his sister.
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He did a what if.
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If I had been there, but I wasn't.
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If I had been there, I would have met my
sister's house.
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00:12:07,950 --> 00:12:12,741
When he's getting asked
those questions, I believe
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that was in 2014, four
years after the event.
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00:12:17,850 --> 00:12:23,030
Imagine trying to recall what you did four
years ago without the help of your
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assistant, your notes, your phone,
your receipts, your bank records,
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your cell phone records, anything.
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Was I in Victorville after they left?
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Or after they disappeared?
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Yeah.
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I believe that I was.
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Obviously, phone pings are
not so inaccurate that they're
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not going to tell you at
least what city you were in.
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Do I remember being there?
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No.
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00:12:50,950 --> 00:12:55,130
Are there several things that I would have
done up there?
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Of course.
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Half of my family lives on the high
desert.
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The problem is you're only hearing one
side of the story.
187
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And you're not hearing, you're not knowing
the real name.
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There is so much more that happened.
189
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I think the biggest question is,
is Chase innocent?
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00:13:24,740 --> 00:13:25,160
Is he innocent?
191
00:13:25,520 --> 00:13:25,520
Yes.
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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...
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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
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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
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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 1โ2 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
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