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These are the user uploaded subtitles that are being translated: 1 00:00:00,858 --> 00:00:09,720 Is that your truck? 2 00:00:10,540 --> 00:00:11,540 It's not my truck. 3 00:00:12,160 --> 00:00:13,180 The truck on the video? 4 00:00:14,160 --> 00:00:15,160 No. 5 00:00:15,860 --> 00:00:18,340 There was a lot of people that thought Mike could have done it. 6 00:00:18,680 --> 00:00:21,740 No one was immune from examination. 7 00:00:22,170 --> 00:00:23,300 Everyone was a suspect. 8 00:00:23,740 --> 00:00:26,220 Kavanaugh was a walking, talking red flag. 9 00:00:26,460 --> 00:00:29,180 This guy's a maniac who had a motive to kill. 10 00:00:29,640 --> 00:00:32,500 Why couldn't they run the DNA through CODIS? 11 00:00:32,720 --> 00:00:35,080 Why couldn't they go find Dan Kavanaugh? 12 00:00:35,280 --> 00:00:37,640 Why couldn't they do a lot of things they could have easily done? 13 00:00:37,641 --> 00:00:39,020 They kept saying it over and over. 14 00:00:39,140 --> 00:00:39,880 There's Dan Kavanaugh. 15 00:00:39,900 --> 00:00:40,700 What about Dan Kavanaugh? 16 00:00:40,701 --> 00:00:41,560 What about Dan Kavanaugh? 17 00:00:41,561 --> 00:00:43,320 I'm like, what do they have that I missed? 18 00:00:44,220 --> 00:00:48,053 When you look at the phones, with the car, with the 19 00:00:48,054 --> 00:00:52,640 financial fraud, with his behavior, this is who did it. 20 00:00:53,000 --> 00:00:56,420 I'm not convinced we're going yet. 21 00:00:57,520 --> 00:01:04,000 Listening my dad yesterday, he said he was about 90% sure that he's going to testify. 22 00:01:04,420 --> 00:01:08,560 We all assumed he would testify just because of his narcissism. 23 00:01:08,680 --> 00:01:12,740 There's no way he wouldn't let this whole trial go without him having his say. 24 00:01:13,300 --> 00:01:20,880 As far as me testifying, it's going to put me over the edge one way or the other. 25 00:01:22,560 --> 00:01:25,720 And obviously, I'm a gambler. 26 00:01:52,570 --> 00:01:56,670 How do you guys feel about Chase possibly testifying? 27 00:01:58,030 --> 00:01:59,030 Good, bad? 28 00:02:02,350 --> 00:02:04,410 I told him that I don't think you should testify. 29 00:02:05,010 --> 00:02:10,010 He wants to because, I mean, he knows the case better than anyone. 30 00:02:10,370 --> 00:02:14,552 But at the same time, like, you took the stand, and, like, 31 00:02:14,553 --> 00:02:19,750 you've seen how easily they can twist anything that you say. 32 00:02:21,430 --> 00:02:25,398 Just the interviews that Chase did before he got arrested, you 33 00:02:25,448 --> 00:02:28,140 know, with CNN and stuff, and the way they picked that apart. 34 00:02:28,230 --> 00:02:29,870 Everyone sees what they want to see in it. 35 00:02:29,871 --> 00:02:30,871 Exactly. 36 00:02:52,970 --> 00:02:56,510 So you said you cooperated a great deal with authorities. 37 00:02:56,511 --> 00:02:58,130 You were questioned by detectives. 38 00:02:58,250 --> 00:02:58,990 What did they ask you? 39 00:02:59,270 --> 00:03:00,270 Of course. 40 00:03:00,560 --> 00:03:06,971 The standard questions, you know, just do I know anything about him disappearing? 41 00:03:08,410 --> 00:03:10,770 Um, did I have anything to do with it? 42 00:03:11,250 --> 00:03:13,917 As far as you know, you were the last person, or 43 00:03:13,918 --> 00:03:16,230 at least one of the last people to see him, right? 44 00:03:16,370 --> 00:03:17,370 Yeah, yeah. 45 00:03:17,950 --> 00:03:18,350 Yeah. 46 00:03:18,530 --> 00:03:25,830 Um, when he left Rancho Cucamonga, nobody else, uh, although I think 47 00:03:25,831 --> 00:03:29,250 somebody, there was another person or two that he talked to. 48 00:03:29,410 --> 00:03:30,410 I'm not sure. 49 00:03:31,250 --> 00:03:32,870 But you were the last person he saw. 50 00:03:33,110 --> 00:03:34,950 I'm definitely the last person he saw. 51 00:03:37,250 --> 00:03:39,490 First time I saw it was-it was then. 52 00:03:40,310 --> 00:03:44,810 And I just about fell off the chair, either couch, whatever I was sitting on. 53 00:03:47,750 --> 00:03:52,870 Most common thing you would say would be, I could have been the last person he saw. 54 00:03:53,090 --> 00:03:58,470 I might have been the last person he saw- I mean I most definitely Unfortunately, 55 00:03:58,950 --> 00:04:00,390 was the last person he saw. 56 00:04:00,650 --> 00:04:02,570 And the only person who knows that is the killer. 57 00:04:04,030 --> 00:04:05,230 No one else could know that. 58 00:04:10,050 --> 00:04:11,270 He knows the timeline. 59 00:04:11,830 --> 00:04:15,410 He was the last person anyone knows of to have met Joey. 60 00:04:15,710 --> 00:04:17,230 It could be a figure of speech. 61 00:04:17,530 --> 00:04:20,650 Sure, can you make an argument that he's not the smartest tool in the shed, 62 00:04:20,651 --> 00:04:25,590 and when he answered her question in that interview, he didn't quite realize the 63 00:04:25,591 --> 00:04:27,990 impact of what he was saying, because he's not that bright? 64 00:04:28,750 --> 00:04:29,750 Maybe. 65 00:04:30,650 --> 00:04:31,770 Those are his words. 66 00:04:32,950 --> 00:04:36,110 It eliminated all question in my mind then. 67 00:04:36,790 --> 00:04:38,110 It was Chase Merritt. 68 00:04:38,430 --> 00:04:40,070 There was no doubt about it. 69 00:04:40,490 --> 00:04:41,510 Gina was the same way. 70 00:04:42,330 --> 00:04:46,519 Honestly, out of everything in that whole trial that I saw, 71 00:04:46,520 --> 00:04:49,211 I honestly believe that that was that video that did it. 72 00:04:49,610 --> 00:04:51,350 I'm definitely the last person we saw. 73 00:04:56,190 --> 00:04:58,950 How could you say that you were the last person to see him alive? 74 00:04:58,951 --> 00:05:00,150 Unless you knew that. 75 00:05:00,410 --> 00:05:01,510 How could you say that? 76 00:05:02,430 --> 00:05:06,431 Detective DeGaulle specifically told me that I 77 00:05:06,432 --> 00:05:10,131 was definitely the last person to see them alive. 78 00:05:12,430 --> 00:05:15,788 When you reflect back on who could be telling, or 79 00:05:15,789 --> 00:05:18,930 who could be withholding things, it's usually not it. 80 00:05:19,030 --> 00:05:19,670 The closest person. 81 00:05:19,750 --> 00:05:22,590 The closest person, the last person to see, it's you. 82 00:05:23,110 --> 00:05:25,090 You go, who is the closest person to Joseph? 83 00:05:25,230 --> 00:05:25,830 Probably you. 84 00:05:25,950 --> 00:05:26,310 One of them. 85 00:05:26,750 --> 00:05:28,230 Who is the last person to see Joseph? 86 00:05:28,350 --> 00:05:29,350 You. 87 00:05:29,450 --> 00:05:31,551 And so they go... Last person to Dr. Joseph. 88 00:05:31,590 --> 00:05:32,310 Who's this Chase guy? 89 00:05:32,430 --> 00:05:34,110 How do you know he's telling you the truth? 90 00:05:35,810 --> 00:05:41,610 And so when I'm asked in a CNN interview, were you the last person to see him? 91 00:05:43,070 --> 00:05:46,390 I responded, yeah, I'm definitely the last person to see him. 92 00:05:47,190 --> 00:05:50,130 I'm simply repeating what I was told. 93 00:05:50,410 --> 00:05:52,830 It's ridiculous to take it out of context. 94 00:05:56,450 --> 00:06:05,451 They were searching for anything that could possibly be used to convince the jury. 95 00:06:06,090 --> 00:06:09,290 Anything you say can and will be used against you. 96 00:06:19,700 --> 00:06:24,720 What's going on with Mr. Merritt possibly testifying? 97 00:06:26,460 --> 00:06:30,540 You know, that's, ultimately, that question is up to Chase. 98 00:06:30,880 --> 00:06:32,576 I mean, he's going to ultimately make the decision on that. 99 00:06:32,600 --> 00:06:33,760 We can only kind of weigh in. 100 00:06:34,300 --> 00:06:42,300 Well, we'll go over, I'd like to go over some of the things that, if I were on that 101 00:06:42,600 --> 00:06:49,220 stand, I think, would be necessary for me to let the jury know. 102 00:06:49,420 --> 00:06:55,540 See, but the thing that you focus on, what worries me about, you know, 103 00:06:55,580 --> 00:06:59,200 aside from the fact that it's just not a good idea, but what worries me is you 104 00:06:59,600 --> 00:07:02,480 focus on the financial issues because it's important to you. 105 00:07:02,880 --> 00:07:10,880 No, actually, you haven't gone over with me what I actually would like to, 106 00:07:11,000 --> 00:07:15,800 if I was on that stand, what I would personally like to say. 107 00:07:16,040 --> 00:07:17,340 I wanted to testify. 108 00:07:17,960 --> 00:07:19,540 I kept telling my eight attorneys. 109 00:07:19,960 --> 00:07:20,960 Fear of the facts. 110 00:07:21,180 --> 00:07:23,340 If you don't know them, learn them. 111 00:07:23,341 --> 00:07:25,480 So, we're in a good place, Chase. 112 00:07:26,380 --> 00:07:27,660 We're at reasonable doubt. 113 00:07:28,460 --> 00:07:31,840 You get on the stand, whoa. 114 00:07:32,300 --> 00:07:34,196 They're going to take you through the whole crime. 115 00:07:34,220 --> 00:07:37,347 Every aspect of your life now, no matter what it 116 00:07:37,348 --> 00:07:39,801 was, is going to be cast in a different light. 117 00:07:41,040 --> 00:07:44,240 They're going to talk about things that you're not even prepared to answer, 118 00:07:44,380 --> 00:07:46,220 and they're going to make you look like a liar. 119 00:07:46,420 --> 00:07:49,961 They're going to cross you on things that you don't 120 00:07:49,962 --> 00:07:52,741 even realize, including your criminal convictions. 121 00:07:52,940 --> 00:07:54,620 So, it's not going to be pretty. 122 00:07:59,500 --> 00:08:02,200 In my past, I stole things. 123 00:08:02,540 --> 00:08:04,260 I was arrested for burglary. 124 00:08:05,160 --> 00:08:09,500 These things are, you know, obviously all public record. 125 00:08:09,680 --> 00:08:11,360 I mean, they're all over the internet now. 126 00:08:11,800 --> 00:08:18,560 They just have a very, very skewed... skewed view of it, because, you know, 127 00:08:18,660 --> 00:08:24,480 they look at my past, and then they tie it together with what they're accusing me of 128 00:08:24,481 --> 00:08:28,360 here, and they're saying, well, look, you know, this is who he is. 129 00:08:32,020 --> 00:08:39,920 Mr. Merritt, you understand you have an absolute right to testify if you want to. 130 00:08:40,160 --> 00:08:44,620 Nobody can stop you from testifying, including your lawyers. 131 00:08:44,960 --> 00:08:46,240 Do you understand that? 132 00:08:46,500 --> 00:08:47,500 Yes. 133 00:08:47,620 --> 00:08:49,900 Do you wish to testify or not? 134 00:08:50,920 --> 00:08:53,192 Your Honor, I think there is one other issue that 135 00:08:53,193 --> 00:08:55,820 Mr. Merritt wanted to address before making that decision. 136 00:08:56,000 --> 00:08:58,441 That is the use of which priors, or if any 137 00:08:58,442 --> 00:09:01,080 priors, would come in during cross-examination. 138 00:09:01,480 --> 00:09:02,040 Okay. 139 00:09:02,320 --> 00:09:04,780 We'd object to... We'd object to any about that. 140 00:09:05,600 --> 00:09:11,800 Well, I... I think I remember some discussion about a burglary conviction. 141 00:09:11,801 --> 00:09:13,780 I'm gonna refresh my recollection now. 142 00:09:14,340 --> 00:09:18,740 June 6th, 1977, he was convicted of burglary out of Victorville Superior Court. 143 00:09:18,960 --> 00:09:23,560 And November 8th of 1977, he was convicted of petty theft of misdemeanor, 144 00:09:23,740 --> 00:09:26,060 which resulted in a two-year prison sentence. 145 00:09:26,061 --> 00:09:31,260 On August 30th, 1979, he was convicted of burglary again. 146 00:09:31,680 --> 00:09:38,569 September 2001, he was convicted of second-degree burglary and grand theft out of L. 147 00:09:38,570 --> 00:09:38,480 A. 148 00:09:38,620 --> 00:09:45,500 County, where he was given three years probation, 180 days county jail. 149 00:09:57,040 --> 00:09:58,856 When he came out, I didn't even know what his 150 00:09:58,857 --> 00:10:01,100 decision was gonna be until the judge asked him. 151 00:10:01,400 --> 00:10:03,960 You didn't know until that last... Until that last second. 152 00:10:07,700 --> 00:10:08,504 So, Mr. Merritt, you've had a chance to have some 153 00:10:08,505 --> 00:10:10,380 additional discussion now with your attorneys? 154 00:10:10,780 --> 00:10:11,780 Yes. 155 00:10:12,840 --> 00:10:14,420 So, what's your decision? 156 00:10:14,600 --> 00:10:16,220 Do you want to testify or not? 157 00:10:18,580 --> 00:10:19,580 No. 158 00:10:21,900 --> 00:10:24,260 I want it to so bad, I can taste it. 159 00:10:24,500 --> 00:10:26,940 When I'm answering the judge, I can barely speak. 160 00:10:28,260 --> 00:10:29,420 Because I'm regretting. 161 00:10:29,600 --> 00:10:31,160 I was really upset. 162 00:10:31,520 --> 00:10:34,800 I do my time even at no uncertain terms, I want to testify. 163 00:10:35,220 --> 00:10:38,120 I can't just sit up here to ramble on. 164 00:10:38,121 --> 00:10:43,040 So, I had penned on Ms. McKee to know the facts. 165 00:10:43,720 --> 00:10:45,580 I didn't ask the proper questions. 166 00:10:46,140 --> 00:10:49,760 And I had absolutely no confidence. 167 00:10:50,140 --> 00:10:51,560 He, number one, knew the facts. 168 00:10:51,960 --> 00:10:56,780 I actually believed in my case even more than I already have. 169 00:10:58,220 --> 00:11:02,200 So, I didn't have any choice but to... without a test claim. 170 00:11:02,460 --> 00:11:05,220 That's the only reason I could... No other reason. 171 00:11:05,221 --> 00:11:08,940 I have to say I was surprised he didn't take the stand. 172 00:11:09,160 --> 00:11:10,160 I really was. 173 00:11:10,280 --> 00:11:12,160 I thought that for sure he would. 174 00:11:12,300 --> 00:11:15,880 Because, you know, he's... He's pretty narcissistic. 175 00:11:22,980 --> 00:11:27,620 It's a tough decision that you had to make today. 176 00:11:29,380 --> 00:11:31,900 It doesn't mean that you don't have a lot of good things to say. 177 00:11:31,940 --> 00:11:32,540 You do. 178 00:11:32,920 --> 00:11:36,060 But, on the issue of have they proven their case... 179 00:11:37,000 --> 00:11:38,320 You know, that's the... 180 00:11:39,020 --> 00:11:40,020 That's the, um... 181 00:11:40,320 --> 00:11:41,520 You know, that's the analysis. 182 00:11:42,100 --> 00:11:44,600 Well... It's the jury gonna see it, darling. 183 00:11:45,400 --> 00:11:45,540 Yeah. 184 00:11:45,541 --> 00:11:47,920 In a murder case, they don't have to have a smoking gun. 185 00:11:48,620 --> 00:11:49,360 Open that bed. 186 00:11:49,500 --> 00:11:51,320 They just simply have to... 187 00:11:54,420 --> 00:11:55,420 Believe... 188 00:11:55,660 --> 00:11:57,320 Beyond a reasonable doubt... 189 00:11:58,060 --> 00:11:59,060 That it happened. 190 00:12:00,940 --> 00:12:01,940 I'm sorry. 191 00:12:02,400 --> 00:12:03,400 Yeah. 192 00:12:11,650 --> 00:12:13,890 I'm just not sure where we are here. 193 00:12:16,910 --> 00:12:21,290 Now to California, where the defense and the state are fighting it out right until 194 00:12:21,291 --> 00:12:24,450 the end, in the capital murder case against Charles Merritt. 195 00:12:24,570 --> 00:12:29,230 It was a full house in that San Bernardino courtroom today, as family and friends of 196 00:12:29,231 --> 00:12:34,090 both the victims and the defendant crowded in to listen to closing arguments. 197 00:12:34,810 --> 00:12:39,330 This is your final proclamation of, this is why you find the defendant guilty. 198 00:12:39,570 --> 00:12:43,150 So if you don't have that anticipation of, let's go hit it out of the park, 199 00:12:43,350 --> 00:12:45,050 then you're not doing your job right. 200 00:12:55,900 --> 00:12:56,540 All right. 201 00:12:56,660 --> 00:12:59,280 The record is like we are back in session. 202 00:12:59,720 --> 00:13:01,200 The studies and council are present. 203 00:13:01,320 --> 00:13:04,000 The limits of our jury are present. 204 00:13:04,360 --> 00:13:07,480 And people may give your closing statement. 205 00:13:07,920 --> 00:13:08,920 Thank you. 206 00:13:09,840 --> 00:13:11,240 Good morning, ladies and gentlemen. 207 00:13:11,540 --> 00:13:11,880 Good morning. 208 00:13:12,080 --> 00:13:13,080 Good morning. 209 00:13:13,720 --> 00:13:18,760 How does a family of four disappear off the face of the earth? 210 00:13:18,835 --> 00:13:23,980 A mother, a father, and two young children. 211 00:13:25,400 --> 00:13:26,400 Just gone. 212 00:13:28,180 --> 00:13:32,324 Disappeared with no evidence of contact with 213 00:13:32,325 --> 00:13:35,941 another human being after the February 4th. 214 00:13:36,340 --> 00:13:40,180 Only to be found, buried in two shallow graves 215 00:13:40,181 --> 00:13:43,601 in the Bahati desert north of Victorville. 216 00:13:43,640 --> 00:13:46,440 Three years, nine months later. 217 00:13:47,420 --> 00:13:50,860 The only way that happens, ladies and gentlemen, is murder. 218 00:13:52,160 --> 00:13:58,160 And in this case, it was done locally, deliberately, and with premeditation. 219 00:13:59,330 --> 00:14:03,340 Whatever precipitated the first killing ultimately won't matter. 220 00:14:03,890 --> 00:14:10,581 Because what will matter is, you intentionally didn't kill three other people. 221 00:14:11,440 --> 00:14:13,040 He could have stopped. 222 00:14:13,680 --> 00:14:17,053 You don't need to kill those two kids unless you 223 00:14:17,054 --> 00:14:20,241 know that they can identify who the killer is. 224 00:14:21,010 --> 00:14:27,160 The killing of Summer and those kids and Joe was senseless. 225 00:14:27,995 --> 00:14:29,040 And it was violent. 226 00:14:29,760 --> 00:14:35,800 It was blow after blow after blow to a child's skull. 227 00:14:37,620 --> 00:14:40,460 A three-year-old and a four-year-old. 228 00:14:42,560 --> 00:14:49,680 That is an intentional killing by this man, the defendant, Charles Merritt. 229 00:14:51,240 --> 00:14:54,180 The hammer scared the daylights out of me. 230 00:14:54,540 --> 00:14:58,740 I had no idea that Britt had the hammer or that he was going to use it. 231 00:15:00,040 --> 00:15:06,541 Never mind what the facts are, we have this family that was brutally murdered. 232 00:15:08,060 --> 00:15:11,960 And that's the emotional presentation they made. 233 00:15:12,620 --> 00:15:13,840 Hitting the table. 234 00:15:14,720 --> 00:15:15,880 Somebody has to pay. 235 00:15:17,460 --> 00:15:19,620 We knew going in that was going to be a problem. 236 00:15:20,400 --> 00:15:22,840 How can you assertively sell someone? 237 00:15:23,720 --> 00:15:27,380 I was definitely the last person to see them alive. 238 00:15:33,040 --> 00:15:34,740 Was in fact the killer. 239 00:15:36,500 --> 00:15:42,880 The person who took that sledgehammer to the skull of a three-year-old. 240 00:15:43,220 --> 00:15:44,460 And a four-year-old. 241 00:15:46,000 --> 00:15:48,140 He's off the grid on February 4th. 242 00:15:48,320 --> 00:15:50,420 Presumably those murders were killed or occurred. 243 00:15:51,800 --> 00:15:55,220 He was off the grid at that opportunity for three and a half hours. 244 00:15:55,221 --> 00:15:58,160 After which there's no contact from Joe or Summer. 245 00:15:58,480 --> 00:15:59,820 And where's the defendant? 246 00:16:00,540 --> 00:16:01,540 Nobody knows. 247 00:16:01,740 --> 00:16:04,300 He's the one that benefited from all the porch checks. 248 00:16:04,920 --> 00:16:07,680 He's the one that benefited from the QuickBooks activity. 249 00:16:08,540 --> 00:16:09,540 No one else. 250 00:16:09,980 --> 00:16:11,940 Dan Cattenaugh didn't benefit from it. 251 00:16:12,100 --> 00:16:13,820 Mike McStay didn't benefit from it. 252 00:16:14,020 --> 00:16:15,820 None of those checks were written out to them. 253 00:16:16,680 --> 00:16:20,440 He does everything he can to cover the tracks at QuickBooks. 254 00:16:20,441 --> 00:16:24,080 Is there any reasonable interpretation that the person that called QuickBooks 255 00:16:24,081 --> 00:16:26,980 from the defendant's cell phone was not the defendant? 256 00:16:28,860 --> 00:16:29,860 Absolutely not. 257 00:16:29,980 --> 00:16:32,041 He's in the high desert on February 6th, 258 00:16:32,042 --> 00:16:35,721 pinging off a tower overlooking the grave sites. 259 00:16:36,880 --> 00:16:39,360 What is the reasonable inference from that evidence? 260 00:16:40,280 --> 00:16:43,680 Maybe he's checking on the condition of the bodies he buried there. 261 00:16:44,180 --> 00:16:46,220 Maybe he's actually burying them on that day. 262 00:16:47,680 --> 00:16:48,200 Possible. 263 00:16:48,480 --> 00:16:49,720 It's a reasonable inference. 264 00:16:50,660 --> 00:16:51,780 Is there a conclusive proof? 265 00:16:51,860 --> 00:16:52,100 No. 266 00:16:52,600 --> 00:16:55,860 But in that circumstance, when you put it together with all of the rest, 267 00:16:56,420 --> 00:16:57,900 what's the explanation? 268 00:16:58,680 --> 00:17:00,480 It all comes back to the defendant. 269 00:17:03,180 --> 00:17:06,320 Nobody wants this family to go without justice. 270 00:17:07,800 --> 00:17:08,900 They don't want that. 271 00:17:09,260 --> 00:17:11,380 Nobody would want that after seeing what happened. 272 00:17:12,220 --> 00:17:12,720 No. 273 00:17:13,220 --> 00:17:15,600 So that's a lot of pressure on a jury. 274 00:17:15,800 --> 00:17:20,580 This was going to be about fighting the temptation to convict Chase without evidence. 275 00:17:20,740 --> 00:17:22,840 That's what a lot of this case was going to be. 276 00:17:24,980 --> 00:17:27,940 Remember, we don't have to prove when this 277 00:17:27,941 --> 00:17:30,920 occurred, how this occurred, or where this occurred. 278 00:17:31,260 --> 00:17:32,680 Just that the defendant did. 279 00:17:33,380 --> 00:17:34,800 We don't have to prove where. 280 00:17:35,160 --> 00:17:36,480 We don't have to prove how. 281 00:17:36,700 --> 00:17:38,020 We don't have to prove when. 282 00:17:38,360 --> 00:17:39,840 Okay, then what do you have to prove? 283 00:17:40,040 --> 00:17:41,600 We just have to prove he's a bad guy. 284 00:17:42,120 --> 00:17:43,120 And he's a gambler. 285 00:17:43,820 --> 00:17:47,291 We had to emphasize that jury so they understood that those 286 00:17:47,292 --> 00:17:49,681 weren't the legal requirements of what we had to prove. 287 00:17:50,540 --> 00:17:55,660 I remember feeling like he promised us we were going to find out more at the trial. 288 00:17:56,000 --> 00:18:00,420 But I don't feel like they ever answered those questions satisfactorily for me 289 00:18:00,421 --> 00:18:05,040 anyways of where it was done and how the car got to the border and the whole nine. 290 00:18:06,460 --> 00:18:08,740 So those are unanswered questions for me. 291 00:18:08,940 --> 00:18:12,680 What you have, ladies and gentlemen, is overwhelmingly convincing. 292 00:18:13,260 --> 00:18:17,900 A set of circumstantial evidence that no matter which way you look at it, 293 00:18:19,630 --> 00:18:22,428 no matter which way you turn the wheel, it always 294 00:18:22,429 --> 00:18:25,141 comes back to that center point being the defendant. 295 00:18:26,900 --> 00:18:30,989 It always comes back to the man with the means, the 296 00:18:30,990 --> 00:18:34,181 motive, and the opportunity to commit that murder. 297 00:18:37,700 --> 00:18:40,900 The defense will present its closing arguments tomorrow. 298 00:18:40,901 --> 00:18:43,662 And then, of course, at the very latest, this case will 299 00:18:43,663 --> 00:18:46,140 be handed to the jury by at least Thursday morning. 300 00:18:46,141 --> 00:18:49,000 If convicted, Merritt faces the death penalty. 301 00:18:51,120 --> 00:18:55,374 I can tell you, from our perspective, it's a huge responsibility 302 00:18:55,375 --> 00:18:58,880 knowing you're representing somebody who's innocent. 303 00:18:59,200 --> 00:19:05,880 And if you mess things up or you screw things up or you don't do your job, 304 00:19:06,040 --> 00:19:10,180 that your client can be killed by the government. 305 00:19:17,540 --> 00:19:24,800 I cannot speculate as to the nature of Raj and Jim's relationship as the trial went 306 00:19:24,801 --> 00:19:30,480 along because I'm not privy to their conversations, their thoughts, their motives. 307 00:19:31,320 --> 00:19:36,400 However, it did seem like they weren't on the same page come the end of trial. 308 00:19:36,401 --> 00:19:39,980 The prosecution's theory of the killing is interesting. 309 00:19:40,660 --> 00:19:44,560 The theory is, killed in the house, but they don't have evidence. 310 00:19:45,120 --> 00:19:49,980 So, the family was not killed on the floor. 311 00:19:50,440 --> 00:19:51,760 None of the evidence showed that. 312 00:19:52,440 --> 00:19:55,580 What the evidence does show is they survived to the morning fifth. 313 00:19:55,840 --> 00:19:59,320 They were being kidnapped by multiple people. 314 00:20:00,280 --> 00:20:01,520 How do you control the naked? 315 00:20:02,760 --> 00:20:03,940 You need at least three. 316 00:20:05,240 --> 00:20:06,240 At least. 317 00:20:07,660 --> 00:20:12,320 If Summer and the kids are still alive, and they're brought in one vehicle, 318 00:20:12,620 --> 00:20:15,316 and you need somebody driving this thing, you need somebody controlling. 319 00:20:15,340 --> 00:20:16,340 That's creepy. 320 00:20:18,780 --> 00:20:26,780 In my closing, I was doing what was expected of the prosecution, which is lay 321 00:20:26,781 --> 00:20:29,480 down a concrete theory of how this crime occurred. 322 00:20:29,860 --> 00:20:34,160 The fact is, ladies and gentlemen, law enforcement didn't care about Dan Kavanaugh. 323 00:20:34,161 --> 00:20:39,680 Dan Kavanaugh took in $26,000 for the online account. 324 00:20:40,800 --> 00:20:43,600 Milleen's over here, okay, and he's giving his, okay. 325 00:20:44,580 --> 00:20:47,261 McGee's over here giving his, and I'm trying to 326 00:20:47,262 --> 00:20:50,060 figure out which one is the blind leading the blind. 327 00:20:50,061 --> 00:20:54,660 And I think they both showed their ignorance at that point. 328 00:20:56,380 --> 00:20:59,000 I'm talking about Dan Kavanaugh's PayPal records. 329 00:20:59,001 --> 00:21:02,925 Do you realize that law enforcement, Sergeant Smith sitting 330 00:21:02,926 --> 00:21:06,860 here, and his team never even requested his PayPal record? 331 00:21:07,140 --> 00:21:12,251 So they didn't know that Dan Kavanaugh had diverted payments 332 00:21:12,252 --> 00:21:16,200 from the production business online to his own account. 333 00:21:23,330 --> 00:21:26,502 Can't believe that if they're talking about greed 334 00:21:26,503 --> 00:21:29,351 and fraud, how they don't look into Dan Kavanaugh. 335 00:21:29,650 --> 00:21:32,058 Can you imagine sitting there as a prosecutor 336 00:21:32,059 --> 00:21:34,190 thinking, we didn't really follow up on that. 337 00:21:34,330 --> 00:21:37,630 We didn't do anything to check that out. 338 00:21:38,130 --> 00:21:43,091 And here we are in trial already, and we already put all our eggs in this basket. 339 00:21:43,330 --> 00:21:44,350 What do we do? 340 00:21:44,510 --> 00:21:47,050 That would be a very uncomfortable feeling for a prosecutor. 341 00:21:47,530 --> 00:21:52,013 For the two-week period after Joseph disappeared, Mr. Kavanaugh 342 00:21:52,014 --> 00:21:55,830 helped himself to about $13,000 out of Joseph's PayPal. 343 00:21:56,650 --> 00:21:57,810 Why would he do that? 344 00:21:58,450 --> 00:22:01,470 Did Mr. Kavanaugh think that he wasn't coming back? 345 00:22:02,850 --> 00:22:06,310 They put a bolt on Mr. Merritt's head. 346 00:22:07,390 --> 00:22:09,030 And they were done. 347 00:22:10,010 --> 00:22:12,830 I was really surprised when I saw their closings. 348 00:22:13,250 --> 00:22:18,399 I was really surprised that they clearly weren't in 349 00:22:18,400 --> 00:22:22,011 agreement on any theory of how the murder occurred. 350 00:22:22,190 --> 00:22:28,709 So it was very clear that Mr. Moline was, Dan did this, and Mr. 351 00:22:29,089 --> 00:22:31,570 McGee was, we don't know who did this. 352 00:22:31,930 --> 00:22:33,690 It had to be more than one person. 353 00:22:33,691 --> 00:22:37,750 My defense attorneys were not on board with each other. 354 00:22:38,650 --> 00:22:42,427 They did argue different things, different theories of a 355 00:22:42,428 --> 00:22:47,070 lot of different things throughout their closing arguments. 356 00:22:47,390 --> 00:22:52,350 And they just had no rhyme or reason, really, about their closing arguments. 357 00:22:52,351 --> 00:22:53,630 And they were lost. 358 00:22:53,910 --> 00:22:55,210 They were completely lost. 359 00:22:55,530 --> 00:23:00,070 Every time my defense attorneys started asserting Dan Kavanaugh, Dan Kavanaugh, 360 00:23:00,110 --> 00:23:03,350 Dan Kavanaugh, the prosecution were probably leaving the courtroom 361 00:23:03,351 --> 00:23:06,843 high-finding and looking at themselves and each other and 362 00:23:06,844 --> 00:23:10,670 saying, those idiots were burying Mr. Merritt all by themselves. 363 00:23:10,671 --> 00:23:14,190 They kept asserting things that they just simply could not prove. 364 00:23:20,190 --> 00:23:26,067 There were a lot of things that were done to try to prevent 365 00:23:26,068 --> 00:23:29,870 the jury from looking at what the actual evidence is. 366 00:23:30,730 --> 00:23:36,510 They didn't have the law or the facts on their side, and it became apparent at the 367 00:23:36,511 --> 00:23:41,482 end that it was going to be this free-for-all on let's 368 00:23:41,483 --> 00:23:46,950 just throw it out there and, you know, accuse anybody. 369 00:23:49,350 --> 00:23:53,270 So it was important to let the jury know, like, this is fiction. 370 00:23:53,910 --> 00:23:55,250 This isn't evidence. 371 00:23:56,170 --> 00:23:57,190 Here's your evidence. 372 00:23:58,290 --> 00:23:59,990 Good afternoon, ladies and gentlemen. 373 00:24:01,710 --> 00:24:03,990 This is the case of People v. 374 00:24:04,270 --> 00:24:05,270 Charles Merritt. 375 00:24:05,610 --> 00:24:07,210 This is not the People v. 376 00:24:07,370 --> 00:24:08,370 Dan Kavanaugh. 377 00:24:09,630 --> 00:24:13,250 I can't cover all of the misrepresentations that were made to you 378 00:24:13,251 --> 00:24:15,690 yesterday because we'd be here all day again. 379 00:24:15,691 --> 00:24:19,210 But I do want to cover some of the ones that are a little bit more important. 380 00:24:19,890 --> 00:24:21,630 Elephant in the room, Dan Kavanaugh. 381 00:24:21,810 --> 00:24:23,170 Dan Kavanaugh is the killer. 382 00:24:24,130 --> 00:24:25,590 That's what you're being told, right? 383 00:24:25,730 --> 00:24:26,890 That's what you're being fed. 384 00:24:27,130 --> 00:24:28,790 What evidence do you have of that? 385 00:24:29,690 --> 00:24:30,690 Absolutely none. 386 00:24:31,070 --> 00:24:33,430 Dan Kavanaugh took money from the business after. 387 00:24:35,190 --> 00:24:35,670 Absolutely. 388 00:24:36,070 --> 00:24:37,450 There's no question about that. 389 00:24:38,630 --> 00:24:41,790 Dan Kavanaugh used some of that money to keep the business running. 390 00:24:41,791 --> 00:24:46,426 Now, whether or not that was right or wrong, he wasn't 391 00:24:46,427 --> 00:24:49,230 taking money before the McStay family disappeared. 392 00:24:50,100 --> 00:24:51,100 He was. 393 00:24:51,530 --> 00:24:52,970 He was the one taking the money. 394 00:24:53,570 --> 00:24:55,510 He was the one forging the checks. 395 00:24:56,130 --> 00:24:57,370 Look at the records. 396 00:24:57,371 --> 00:25:00,250 The defendant's phone leads off of a tower in the 397 00:25:00,251 --> 00:25:03,191 area of the graves on February 6th during heavy rains. 398 00:25:04,410 --> 00:25:07,190 It's off February 8th for two periods of time. 399 00:25:07,570 --> 00:25:10,010 In the morning and at night. 400 00:25:10,330 --> 00:25:13,290 And that's the day the car is taken to the border. 401 00:25:14,050 --> 00:25:16,220 The defendant's DNA was on the steering wheel 402 00:25:16,221 --> 00:25:18,030 of the car because he drove it to the border. 403 00:25:18,031 --> 00:25:19,750 That's how it got there. 404 00:25:20,030 --> 00:25:21,730 There's a simple explanation. 405 00:25:22,810 --> 00:25:27,250 And the defendant's DNA wasn't on the items in the grave because none of those 406 00:25:27,251 --> 00:25:30,310 items would have retained reliable DNA evidence. 407 00:25:31,510 --> 00:25:35,410 We had a family of four that went missing. 408 00:25:39,710 --> 00:25:41,890 For three years, nine months, and seven days. 409 00:25:44,030 --> 00:25:50,350 They sat out in two shallow graves waiting for somebody to come along. 410 00:25:51,070 --> 00:25:53,370 And find some remnant of them. 411 00:25:54,370 --> 00:25:57,050 So that they could tell you what happened. 412 00:25:57,930 --> 00:26:00,130 They can't come in here and testify. 413 00:26:02,050 --> 00:26:05,670 But they've given you as much information as they can. 414 00:26:07,430 --> 00:26:09,710 And it's in the Quick Book records. 415 00:26:10,070 --> 00:26:11,610 It's in the cell phone records. 416 00:26:11,930 --> 00:26:13,450 It's in the graves with them. 417 00:26:14,870 --> 00:26:20,190 Ladies and gentlemen, justice in this case means going back into that jury room. 418 00:26:20,670 --> 00:26:22,010 Looking at the facts. 419 00:26:22,550 --> 00:26:23,750 Looking at the law. 420 00:26:24,070 --> 00:26:26,690 And returning verdicts of guilty. 421 00:26:30,620 --> 00:26:34,103 We felt if they followed the law, there's no 422 00:26:34,104 --> 00:26:36,200 way that all 12 of them can come back guilty. 423 00:26:36,340 --> 00:26:37,340 It just can't happen. 424 00:26:37,380 --> 00:26:38,840 We laid it all on the table. 425 00:26:39,060 --> 00:26:40,320 We had left nothing. 426 00:26:41,000 --> 00:26:42,420 No stone unturned. 427 00:26:42,800 --> 00:26:43,800 No sweat. 428 00:26:44,320 --> 00:26:45,080 Drops missed. 429 00:26:45,320 --> 00:26:47,180 I mean, we laid it all out there. 430 00:26:47,460 --> 00:26:49,080 I think we were very confident. 431 00:26:49,081 --> 00:26:53,540 But of course, being practical and intelligent lawyers, 432 00:26:53,541 --> 00:26:59,080 you'd still have that little nervousness that, is it enough? 433 00:26:59,700 --> 00:27:03,880 The jury in this case can consider first-degree murder, second-degree murder, 434 00:27:04,020 --> 00:27:05,240 or not guilty. 435 00:27:05,420 --> 00:27:06,860 Those are the charges on the table. 436 00:27:13,740 --> 00:27:18,360 A juror says he or she can only deliberate for three hours a day. 437 00:27:18,620 --> 00:27:20,913 The judge is going to let this case go into 438 00:27:20,914 --> 00:27:23,160 deliberations in half days from here on out. 439 00:27:23,161 --> 00:27:24,201 What's going on with that? 440 00:27:24,340 --> 00:27:27,460 That's going to be very complex in terms of how they decide this case. 441 00:27:27,900 --> 00:27:29,821 It's going to have stopping and starting, because they're 442 00:27:29,822 --> 00:27:32,020 not allowed to deliberate when they're not all present. 443 00:27:32,080 --> 00:27:33,892 So we're going to see this drag out for a long 444 00:27:33,992 --> 00:27:36,420 period of time, half a day here, half a day there. 445 00:27:45,500 --> 00:27:52,320 Waiting for a verdict is, for a lawyer, very difficult for the, for the, 446 00:27:52,380 --> 00:27:56,080 for the sole reason that we don't have any control. 447 00:27:58,280 --> 00:28:02,360 Waiting is the worst, and you never know how long a jury is going to take. 448 00:28:03,160 --> 00:28:06,280 Another day, another week, another, you know, whatever. 449 00:28:11,700 --> 00:28:15,180 A lot of attorneys stress over, what can I have done different? 450 00:28:15,340 --> 00:28:16,140 What are they going to say? 451 00:28:16,260 --> 00:28:17,500 What's the verdict going to be? 452 00:28:17,980 --> 00:28:19,580 And they will not sleep. 453 00:28:19,820 --> 00:28:20,640 They will panic. 454 00:28:20,820 --> 00:28:21,980 They will go through notes. 455 00:28:22,160 --> 00:28:23,600 They will freak themselves out. 456 00:28:24,360 --> 00:28:28,720 And for some, I don't know how I was able to do it, I'm able to shut it off. 457 00:28:29,520 --> 00:28:31,800 And I just go, there's nothing I can do now. 458 00:28:34,720 --> 00:28:36,936 It's been many, many months of ongoing trial, 459 00:28:36,937 --> 00:28:39,000 lots of breaks for different valid reasons. 460 00:28:39,140 --> 00:28:43,940 The result of that is the jury has to have a lot of information and evidence before 461 00:28:43,941 --> 00:28:47,700 them over a long period of time that they actually have to recall and sift through, 462 00:28:47,820 --> 00:28:49,780 which is going to make their job more challenging. 463 00:28:56,040 --> 00:28:58,140 How is your dad doing right now? 464 00:28:59,060 --> 00:29:02,200 I feel like my dad is kind of spiraling right now. 465 00:29:04,380 --> 00:29:08,518 Every time I've talked to him since the jury started 466 00:29:08,519 --> 00:29:11,440 deliberations, he's looking at worst case scenario. 467 00:29:11,880 --> 00:29:20,001 So he's trying to prepare for being convicted and what he's going to have to do. 468 00:29:20,900 --> 00:29:22,720 And, like, he's scared. 469 00:29:22,721 --> 00:29:23,860 I know he's scared. 470 00:29:32,430 --> 00:29:35,460 That was probably one of the worst times, waiting for the damn thing. 471 00:29:44,480 --> 00:29:47,360 We were notified that there was a verdict on Friday afternoon. 472 00:29:48,100 --> 00:29:49,660 But the judge did not take it. 473 00:29:50,840 --> 00:29:52,440 He asked us to come in on Monday. 474 00:29:53,100 --> 00:29:54,700 Which really kind of upset us. 475 00:29:54,920 --> 00:29:56,596 You don't want a juror to change your mind. 476 00:29:56,620 --> 00:29:58,020 You don't want a juror to fall out. 477 00:30:01,640 --> 00:30:03,640 It was almost like you're kind of living in 478 00:30:03,641 --> 00:30:06,981 this parallel universe for a couple of days. 479 00:30:08,060 --> 00:30:12,020 It's very difficult to kind of go through that, especially in a case like this. 480 00:30:12,460 --> 00:30:15,540 You know, we're hanging on every second. 481 00:30:29,680 --> 00:30:32,947 When I asked family members from the McStay family how they 482 00:30:32,948 --> 00:30:35,680 were doing this morning, they said they are simply ready. 483 00:30:36,000 --> 00:30:39,200 The verdict is expected to come down at 10 o'clock. 484 00:30:39,340 --> 00:30:44,540 If convicted, on all counts, Charles Chase Merritt could be facing the death penalty. 485 00:30:44,541 --> 00:30:47,960 From San Bernardino, Jamie Chambers, Fox 5 News. 486 00:30:51,490 --> 00:30:52,490 Good morning. 487 00:30:54,050 --> 00:30:55,370 The record's left. 488 00:30:55,550 --> 00:30:57,830 We are back in session. 489 00:30:58,250 --> 00:30:59,910 Parties and counsel are present. 490 00:31:00,350 --> 00:31:08,651 As I'm sure you all know, the jury informed us Friday that you have a verdict. 491 00:31:09,270 --> 00:31:12,550 You know, it's one of those things like, as good as you feel walking out of a 492 00:31:12,551 --> 00:31:15,590 courtroom, you never know what a jury's gonna do. 493 00:31:16,130 --> 00:31:17,130 Ever. 494 00:31:18,070 --> 00:31:24,370 As good as we thought we presented the evidence, and as well as we thought we 495 00:31:24,371 --> 00:31:27,770 argued it, you just don't know what a jury's gonna do. 496 00:31:28,050 --> 00:31:31,229 I know that no matter what the verdict is, it's 497 00:31:31,230 --> 00:31:34,851 going to have an emotional impact on everybody. 498 00:31:35,530 --> 00:31:40,530 It was a weird feeling, in the sense that, you know, this has all now come to a head, 499 00:31:40,550 --> 00:31:46,510 with all the time, and all the hours, and all the battles, and shenanigans, 500 00:31:46,850 --> 00:31:48,310 and the, you know, everything. 501 00:31:48,550 --> 00:31:53,730 It's, all of that stuff is all now, we're gonna find out what, what's going on. 502 00:31:54,070 --> 00:31:56,890 And you have all the verdict forms in the envelope? 503 00:31:57,290 --> 00:31:59,290 Okay, if you were handling those, then they left. 504 00:32:00,090 --> 00:32:02,510 That's when I started getting very, very scared. 505 00:32:08,000 --> 00:32:16,000 What I was praying for was the extent of my hope, is that there would be just one 506 00:32:16,001 --> 00:32:20,660 person that could see through the prosecution. 507 00:32:20,661 --> 00:32:27,181 Who, the jury, in the above entitled action, find the defendant, Charles Ray Merritt. 508 00:32:29,690 --> 00:32:38,210 Who, the jury, in the above entitled action, find the defendant, Charles Ray Merritt. 509 00:32:38,550 --> 00:32:43,970 Guilty of the offense of murder, in the first degree, of Joseph McStay. 510 00:32:44,690 --> 00:32:52,390 Guilty of the offense of Joseph McStay Jr. Guilty of the offense of murder, 511 00:33:02,210 --> 00:33:10,210 in the first degree, of Joseph McStay Jr. I was, I was pretty much, um, by then. 512 00:33:11,590 --> 00:33:16,470 My attorneys took it so far, and never got over the hump. 513 00:33:16,830 --> 00:33:22,810 My attorneys gave them some of the evidence, and the prosecution gave them a 514 00:33:22,960 --> 00:33:25,110 hell of a lot of false evidence. 515 00:33:25,111 --> 00:33:29,573 And defense counsel mitigated little, little to none 516 00:33:29,574 --> 00:33:32,470 of the false evidence that the prosecution presented. 517 00:33:32,471 --> 00:33:38,070 I am curious at the prosecutors, of course. 518 00:33:40,470 --> 00:33:48,470 I am, uh, sounds kind of weird, but you can understand, or I guess, 519 00:33:48,550 --> 00:33:54,890 I guess you can make excuses for a prosecutor lying and presenting false 520 00:33:54,891 --> 00:33:59,010 evidence and all of this stuff, because he simply wants to win. 521 00:33:59,910 --> 00:34:00,910 Right? 522 00:34:00,990 --> 00:34:04,610 You can come up with excuses for it, at least. 523 00:34:04,890 --> 00:34:05,890 Are they good ones? 524 00:34:06,050 --> 00:34:09,290 Are they, are they honorable ones? 525 00:34:09,450 --> 00:34:10,450 Of course not. 526 00:34:10,770 --> 00:34:15,262 But at least you can come up with some kind of reasoning 527 00:34:15,263 --> 00:34:18,990 behind a prosecutor doing the things that they did. 528 00:34:30,140 --> 00:34:32,599 Now that Charles Merritt has been found guilty, the 529 00:34:32,600 --> 00:34:35,280 next step of this trial moves on to the penalty phase. 530 00:34:35,281 --> 00:34:39,060 That is where we'll discover whether or not Merritt will receive the death penalty. 531 00:34:39,375 --> 00:34:43,540 Because there are special conditions to this case, and because he is charged with 532 00:34:43,541 --> 00:34:47,680 four counts of premeditated first-degree murder, he certainly would qualify. 533 00:34:50,280 --> 00:34:51,280 Good afternoon. 534 00:34:51,600 --> 00:34:53,980 Obviously today is a sad day for us. 535 00:34:54,260 --> 00:34:57,640 Their closing argument is, is amazing. 536 00:34:57,960 --> 00:35:00,360 Everything, literally almost everything they said was a lie. 537 00:35:00,361 --> 00:35:03,620 Almost every single thing they said was a lie. 538 00:35:03,880 --> 00:35:08,060 Some of you who followed the trial saw that one of the DAs in this case withheld 539 00:35:08,061 --> 00:35:10,280 its culpatory evidence in a death penalty case. 540 00:35:10,400 --> 00:35:11,400 It's unheard of. 541 00:35:11,740 --> 00:35:16,360 What kind of prosecutor would, would hold evidence that would help a 542 00:35:16,361 --> 00:35:20,760 person, would help the accused show that he was innocent? 543 00:35:20,761 --> 00:35:23,240 And it is a crime for a prosecutor to do that. 544 00:35:23,540 --> 00:35:26,120 And that prosecutor, in my opinion, should be in jail. 545 00:35:28,130 --> 00:35:29,278 And how he's not, and how he's been able to 546 00:35:29,302 --> 00:35:32,000 get away with it all this time, I have no idea. 547 00:35:32,580 --> 00:35:34,840 We believe that there has been a miscarriage of justice. 548 00:35:36,120 --> 00:35:37,640 I believe my client is innocent. 549 00:35:38,840 --> 00:35:41,914 Instead of hearing all the legal mumbo jumbo, I 550 00:35:41,915 --> 00:35:44,921 would like you to hear from his daughter Taylor. 551 00:35:48,740 --> 00:35:53,163 I don't think any of us are surprised about what 552 00:35:53,164 --> 00:35:56,541 happened today based on how the rest of the trial went. 553 00:35:57,060 --> 00:36:00,023 The evidence didn't get out there that we needed 554 00:36:00,024 --> 00:36:02,941 to get out and the full story wasn't told. 555 00:36:03,140 --> 00:36:10,460 And, you know, we're ready to keep fighting and he's ready to keep trying to 556 00:36:10,461 --> 00:36:12,920 prove his innocence regardless of how long that takes. 557 00:36:12,921 --> 00:36:15,800 So, we're gonna stay behind him every step of the way. 558 00:36:16,480 --> 00:36:21,321 An investigation needs to be launched into how this, uh, 559 00:36:21,322 --> 00:36:25,020 this, uh, case was investigated and how it was prosecuted. 560 00:36:25,260 --> 00:36:31,440 I think that's really necessary because, uh, the outcome of this was, uh, 561 00:36:32,260 --> 00:36:33,780 just totally unbelievable. 562 00:36:39,460 --> 00:36:42,980 We're devastated, shell-shocked, everything. 563 00:36:44,540 --> 00:36:48,080 Words can't describe how disappointed we are. 564 00:36:49,615 --> 00:36:57,340 We just spent whatever time it was with Chase and he's equally devastated. 565 00:37:00,340 --> 00:37:08,340 You know, we tried to rationalize what the jury did and we just can't. 566 00:37:09,420 --> 00:37:12,120 So, what's the jury's role in all this then? 567 00:37:12,320 --> 00:37:15,100 They recommend death or life without rule. 568 00:37:16,120 --> 00:37:19,060 And the judge's sentence is based on that recommendation? 569 00:37:19,460 --> 00:37:21,620 I 570 00:37:41,060 --> 00:37:47,820 am so very sorry that Joseph's, Summers, and Joseph Jr. 571 00:37:48,080 --> 00:37:57,320 's family, and Gianni's families have had to bear this horrific tragedy. 572 00:37:59,820 --> 00:38:02,640 No mother or dad should have to bear this. 573 00:38:05,540 --> 00:38:07,900 The pain of losing their son or daughter. 574 00:38:09,220 --> 00:38:11,420 Part of me wanting to just stay silent. 575 00:38:14,510 --> 00:38:15,870 At least for a while. 576 00:38:16,550 --> 00:38:17,550 At least for a while. 577 00:38:19,410 --> 00:38:25,870 The thing that is bringing you this solace is ending my life. 578 00:38:31,270 --> 00:38:36,350 Ending, ending my life for a crime that I did not commit. 579 00:38:38,270 --> 00:38:41,150 Your Honor, there are no second acts. 580 00:38:42,410 --> 00:38:43,810 Do what is right. 581 00:38:44,790 --> 00:38:47,090 Give me the hearing I deserve. 582 00:38:47,790 --> 00:38:50,770 I can show you where this trial has failed. 583 00:38:51,950 --> 00:38:56,130 Allow me to show the family just what these prosecutors have done. 584 00:38:57,150 --> 00:39:03,560 What's happened here is wrong. 585 00:39:05,640 --> 00:39:07,940 It's taking me from my family. 586 00:39:10,120 --> 00:39:13,060 A family that does not deserve this. 587 00:39:15,540 --> 00:39:17,720 I may deserve a lot of things. 588 00:39:19,340 --> 00:39:21,400 I don't deserve this. 589 00:39:22,520 --> 00:39:24,480 I did not do this. 590 00:39:27,540 --> 00:39:33,260 And as God is my witness, I will be back here. 591 00:39:34,640 --> 00:39:40,700 And I will prove to everyone that that is true. 592 00:39:45,100 --> 00:39:46,320 Thank you, Mr. Murray. 593 00:39:51,700 --> 00:39:54,740 He gave a statement of deniability, 594 00:39:57,920 --> 00:40:02,420 which, again, it's pathological. 595 00:40:02,820 --> 00:40:05,900 Oh, I'm sorry you guys have all that pain, but I didn't do it. 596 00:40:08,440 --> 00:40:09,720 It's... it's... 597 00:40:12,830 --> 00:40:15,020 It's not surprising coming from him. 598 00:40:16,040 --> 00:40:21,400 Because I think it's... He is definitely somebody who believes his own lies. 599 00:40:29,820 --> 00:40:36,500 So, that now brings us to the issue of sentencing. 600 00:40:37,000 --> 00:40:41,440 For the offense of the first-degree murder of Joseph, Mr. Merritt, Joseph, 601 00:40:41,800 --> 00:40:47,780 Mr. Merritt, for the first-degree murder of someone, Mr. Merritt, to be sentenced 602 00:40:47,781 --> 00:40:50,660 to life in prison without the possibility of parole. 603 00:40:53,500 --> 00:40:57,280 For the first-degree murder of someone, Mr. 604 00:41:10,420 --> 00:41:14,940 Merritt, let the defendant, Charles Merritt, be sentenced to death, 605 00:41:15,140 --> 00:41:19,742 let the penalty be carried out to San Quentin 606 00:41:19,743 --> 00:41:24,000 State Prison in a manner then prescribed by law. 607 00:41:29,900 --> 00:41:34,140 The man convicted of killing a San Diego County family and burying their bodies in 608 00:41:34,141 --> 00:41:36,960 the desert has been sentenced to death for his crimes. 609 00:41:38,740 --> 00:41:41,180 You know, I don't know if he ever actually will be 610 00:41:41,181 --> 00:41:45,660 put to death or if he'll just die in prison, but I... 611 00:41:45,661 --> 00:41:50,280 I don't think that anybody that I've talked to in the family necessarily wants 612 00:41:50,281 --> 00:41:55,760 to watch him die or, you know, wants to see that end happen, but it is 613 00:41:55,860 --> 00:41:59,560 good to know that he'll never be on the street to hurt anyone else again. 614 00:42:01,040 --> 00:42:03,680 Call me vengeful, whatever you want, I don't care. 615 00:42:04,220 --> 00:42:06,260 Yeah, I'll do the injection. 616 00:42:06,940 --> 00:42:08,860 You know, I'll pull the switch. 617 00:42:09,360 --> 00:42:12,100 He means nothing to me. 618 00:42:13,360 --> 00:42:17,140 He's garbage in my mind. 619 00:42:18,760 --> 00:42:21,873 If I pull the switch or inject him with a 620 00:42:21,874 --> 00:42:25,721 needle, and he's gone, it'd be good riddance. 621 00:42:26,200 --> 00:42:28,680 The world is a little safer today. 622 00:42:29,180 --> 00:42:30,920 Would it take any of your pain away? 623 00:42:32,340 --> 00:42:33,420 Probably not. 624 00:42:37,360 --> 00:42:39,340 That family did not get justice. 625 00:42:44,160 --> 00:42:45,520 That still haunts you? 626 00:42:48,750 --> 00:42:50,910 It haunted me during the trial. 627 00:42:53,390 --> 00:42:55,870 I was representing Chase Merritt. 628 00:42:56,090 --> 00:42:57,290 I didn't think he did it. 629 00:42:57,930 --> 00:43:00,070 But I really wanted answers for them. 630 00:43:04,260 --> 00:43:05,500 I couldn't give it to him. 631 00:43:13,040 --> 00:43:14,760 Hey, it was pretty devastating. 632 00:43:15,110 --> 00:43:17,940 When it happened, it knocked me for a loop. 633 00:43:19,100 --> 00:43:21,480 I'm just seriously focused. 634 00:43:22,240 --> 00:43:25,220 And from hell or high water, I'm going to fix this. 635 00:43:25,720 --> 00:43:29,820 Because, you know, obviously they got it wrong. 636 00:43:29,821 --> 00:43:31,440 I didn't do it. 637 00:43:31,700 --> 00:43:36,880 Do I think Dan Kavanaugh personally killed the family? 638 00:43:37,340 --> 00:43:38,340 I don't know. 639 00:43:38,440 --> 00:43:40,320 Do I think he had something to do with it? 640 00:43:41,100 --> 00:43:41,580 Absolutely. 641 00:43:42,000 --> 00:43:43,260 There's no question in my mind. 642 00:44:11,230 --> 00:44:11,710 Hi. 643 00:44:11,990 --> 00:44:12,490 How's it going? 644 00:44:12,670 --> 00:44:13,810 Can you tell me who you are? 645 00:44:13,811 --> 00:44:15,050 I'm Daniel Kavanaugh. 646 00:44:15,051 --> 00:44:16,051 I'm Daniel Kavanaugh. 55128

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