Life or Death

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In 2019, more than four years after his arrest, Charles Chase Merritt was finally headed to trial.

He had been charged with killing the McStays, Joseph, Summer, Giani, and Joseph Junior. He pleaded not guilty. Merritt would be tried at San Bernardino Superior Court, an imposing and sleek building downtown. Its shiny, reflective facade reminiscent of the waterfall's Merritt built for Joseph. It had taken more than five years from one of the McStays remains were discovered

“to the start of this trial, a long road for the victims loved ones.”

Outside court and after a pre-trial hearing, Joseph's brother Michael McStays spoke to local TV station KBC. Michael says he was confident the audience had the right guy.

Finally, somebody is going to have to take responsibility for what they did to my loving

family, and I want to see him get what he's not coming to him. Joseph's mother Susan Blake was there too. I did want to stand up and I did want Chase to look at me in the eyes. I wanted him to see us in the pain we've been through and that now we're back for justice. With Chase Merritt facing four charges of murder in the first degree,

“the death penalty was on the table. He was fighting for his life.”

With the jury decide Merritt was the one who killed the McStays.

From ABC audio in 2020, I'm Washington. And this is what happened to the McStays.

Episode 6, Life or Death You know, we're not supposed to show our emotions. We're supposed to be professional at all times and I almost lost it. I actually had to turn around and like catch my breath and take a minute. Great times is a district attorney with the County of San Bernardino. He was one of the prosecutors who presented the case against Chase Merritt in court and I'm told ABC News in an

interview last year and then the nearly 30 years he's been a prosecutor to McStays family murders was the most personal case he'd worked on as a dad. The emotion really hit him. He said when he was questioning a crime scene specialist on the stand, put up a picture of the family's asusia trooper from the jury to see. It was just of Junior's car scene. It was the same car seat that I put my kids in. It was a personal connection that I don't think I

ever had with any other case. For I'ms, the McStays murder case stood out for another reason too. The most difficult case in 27 years. I'm said there were several reasons the McStays case was such a difficult one. It was the nearly four-year gap between the murders and the discovery of the bodies. The multiple jurisdictions involved. The enormous amount of public interest which generated a huge volume of tips for law enforcement to handle. And I'm said the lack of direct evidence against

Merritt. We would have loved to have had an identifiable murder scene with physical evidence whether it be blood or fingerprints or DNA. We would have loved to have had an eyewitness. We would have loved to have had a neighbor have heard a scream in the night to at least pinpoint when it happened. I mean, I could probably go on and on. Instead, I'm said, when he and his fellow prosecutors had was highly circumstantial evidence, facts that didn't directly link the defendant to the crime.

But they argued, taken together, painted a picture of Merritt being the one who killed the family. I'm said Merritt had a means, motive, and opportunity. At trial, Merritt's defense team argued that the state's entire case was based on confirmation

Twisted facts to build a case against him. They ignored other facts that didn't fit. Raj Maleen, who represented Merritt in court, was confident the state didn't have what they needed to prove their case beyond a reasonable doubt. This case was all doubt. In fact, there was no evidence linking Chase to the killing of his family. Here were two of the arguments he made in Merritt's defense. One, he argued there was no evidence that the murders took place in the mixed-day's

fall broke house, as prosecutors alleged. And two, he argued that the vehicle leaving the home on the day the family went missing was not Merritt's truck, which prosecutors also alleged.

So, first, the house. Defense attorneys told the jury, if the mixed-days had been

“bludgeoned in the home, you'd expect to find a gruesome messy scene. So, where was the blood?”

It was none they argued. Not a drop, not a trace, not a spec. The state's theory of the case was that Merritt had killed the mixed-days at home. They argued that there was evidence at the grave site to suggest that some were had been home giving the boys a bath around the time the family was killed. Prosecutor Britt Times again. There was one very distinct toddler-type bath towel with a hood that's kind of shaped like

it has an animal face to it. It was found in the grave. There was other bath mats and material consistent with the bath robe found in the grave. And as for the matter of blood, prosecutors argued Chase Merritt cleaned up the home after killing the family. It told the jury, "You would have had an ample time to do so." Who was in control of that crime scene? It was the defendant. So, the fact that there was no

evidence located could in part be attributed to the fact that the defendant had time to clean up whatever mess he had made or hide whatever evidence he needed to. In his interview with ABC News, I'm just pointed out. Unfortunately, there's no forensic evidence

that says that the murder actually happened at home. Zero friends and evidence. And we never

contended that we could prove that. To the jury legally, I don't have to prove the where-win or how. Or even necessarily the why. I just have to prove the who.

“And then, there was the truck. Remember, it was a vehicle scene on the neighbor's security”

camera footage leaving the McStays home the night the family went missing. Prosecutors argued this was Merritt's boxy white utility truck. And then it placed him at the scene of the crime. It had characteristics consistent with being Merritt's truck, including the shadows that are cast by the brake lights, the height with

and placement of the headlights. In court, that grainy black and white nine second clip

became a key piece of evidence. Attorney's played it and dissected it over and over. Expert witnesses analyzed 3D models of Merritt's card doing a virtual drive out of the McStays driveway. I did it to the movements in the surveillance footage. To see if Merritt's car matched up. The defense's position is wasn't Merritt's truck. They put on their own witness, an expert who's originally supposed to testify for the state, but who changed his mind wound up testifying

for the defense instead. The expert testified that based on the data he had, he couldn't conclude that the truck in the video matched Merritt's. Here's defense attorney Raj Malene. We clearly were able to show that Chase's truck was excluded. Procuitor Bridaim's disagreed. No one could rule out that it wasn't Merritt's truck, but no one could conclusively say in fact it was. Beyond the house and the truck, prosecutors presented other pieces of evidence

against Merritt. The centerpiece of their case was the defendant's cell phone records,

“particularly of note to prosecutors. The paining of a tower in the desert on a crucial day.”

The state brought an expert witness to interpret various maps, call records, and diagrams. In the expert testified that on February 6, 2010, Merritt's phone hanged a tower roughly a mile away from the Gravesite. Prosecutors argued that pain placed the defendant near the McStays Gravesite just two days after the family disappeared. But the expert also testified that cell phone data

Merritt's attorney Raj Malene again. The prosecution's expert testified that not only can you not

“use cell tower evidence to get location information to be used accurately. It was never designed”

for that in the first place. It just so happens that law enforcement started to use that to kind of generally show where people are. But at the end of the day, he conceited that you can't certainly can't say that somebody is somewhere because they ping off a tower.

Prosecutor Britt Times. Our expert never claimed to have been able to what's called

geolocate the user of a device based on the technology and data that was available from 2010 records. All we know is that his phone pinged on the sixth on a tower that overlooked the Gravesite. The reason defense lawyers gave the jury for why Merritt was in the general area of the cell tower was what he himself had told investigators. If his phone pinged a tower in the desert, then he must have been visiting his sister who lived in the area.

Prosecutor's called Merritt sister Juanita Merritt to the stand to tell the jury what she told authorities just a few years prior. The Merritt hadn't been out to visit her in February 2010

when the McStays weren't missing. Here's Juanita from that police interview that you heard in the last

“episode. Chase at that time when he was with Joe and never came up here. That's why I was going”

to ask. Can you remember it all the time? There wasn't even hardly visit. I can remember one time he visited. About how long before. So I mean, five years I hadn't seen him. But when Juanita took the stand to trial, prosecutors were in for a surprise. How often do you think that you would see your brother around that time frame? I saw him quite often. Do you remember telling the detective that you hadn't seen him

probably for about five years? No. I don't know. I wasn't even able to write my own talk to you detective.

Juanita testified that back one of the detective came to her house an interviewer. She'd recently

“had surgery and was heavily medicated. She testified that she was "not in her right mind."”

She said she saw her brother all the time back then. Sometimes that her house. When ABC News asked prosecutor Britimes if Juanita marriage reversal was harmful to the state's case, he said simply, "No. We had her prior statement. As in, the original statement Juanita had given police. Here's detective Ryan Smith." The interview that Juanita and I had was all recorded and that was able to kind of disprove her assertion.

The prosecution also pointed out that marriage DNA was found by police on the steering wheel of the mixed days as Husser Trooper. The state argued that the presence of marriage DNA on the driver side was evidence that marriage drove the SUV down to the Mexico border. Marriage attorneys argued that DNA was transferred DNA. They claimed Joseph had gotten trace amounts of marriage DNA on his hand from something like a handshake, then transferred it to the steering wheel

of the Trooper. The state's DNA expert, on across examination, didn't rule out the defense's claim. He testified that it was reasonable to conclude that DNA could have been transferred. But the state argued that the quantity of marriage DNA was inconsistent with transfer DNA. Prosecutor Britimes again. The problem with that is it would expect it to be in a mere skill amount. The results were actually greater than summer who was a regular driver of the car.

So it would be inconsistent with trace DNA. Prosecutors also argued marriage had a motive. They said the murders were driven by greed. The state made the argument you've heard earlier in the series. That chase married while claiming to be Joseph's best friend was writing checks from the waterfall business and taking money from him. That marriage had been overpaid for projects at work and owed Joseph tens of thousands of dollars. That and he hadn't gambling

problem. The state contended that Joseph had discovered the checks and fired married on February 4th, the day the family went missing. Prosecutors argued the marriage and went to the mixed-day's fall break home to confront Joseph and killed the mixed-days there. Marriage defense team

The confrontation at the mixed-day's home, the bad blood between the two men, and of course,

“the murders. Marriage defense attorney Raj Maleen told ABC News, Joseph and marriage success was”

inexplicably linked. They literally adored each other and there was no hint that it was going wrong. These two were going to the moon and neither one of them could have done it without the other. Marriage X Kathy Jarvis took the standard trial and testified that marriage was home in Rancho Cuco Manga, the night of February 4th. The night the mixed-day's won't miss it. She said she remembered married receiving a call from Joseph that night, but not picking up.

On the stand, Kathy testified that back when she'd been interviewed by police, she'd conceded that maybe that call happened on an different night. The state argued that Kathy couldn't have seen that call come through marriage's phone, because they said his phone record showed his device was off at the time. He didn't register

“that call. Prosecutors argued Kathy was misremembering that she did see a call,”

what had happened on a different night. They questioned her on the stand.

We do think an opportunity or you have an opportunity to look at some other call that first,

right? Right. And he makes your testimony today that he would not take him out there at all. And it was not mistaken about the phone call for breakfast. That's correct. In an ABC News interview last year, Kathy took his shoe with prosecutors. They're making it seem like because I love him so much. I'm going to lie for him. And all I was there to do was tell the truth. I told the truth.

And they twisted the truth into something that fit their narrative. When it was their turn to present their case,

“marriage defense team had their own theories about what might have happened to the mixed days.”

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People were cheering the demise of this person they'd never met. It was a father of two

and a husband and had a life and was just doing a job. From the manhood, ending in a McDonald's in Altuna, Pennsylvania, to what authorities are saying about a possible motive, I'm ABC News Legal Analyst Brian Buckmeyer, listen to Burton Approve, Luigi, Mangione, wherever you get your podcasts. What do you sense? Armature of our doom. The star studied cast, returned.

Something wicked this way comes. You all got to unite! I'll drink to that. If you're going to rise up and rule the world, you better get yourself a damn sense of humor. FX is AHS 13, premier September 24th on FX and Hulu. Merit's defense team argued that in their own investigation of the mixtape's grave site, they found three different DNA profiles on Summers' bra, underwear, and on the material that was used

to tie up Joseph. The defense claimed none of the DNA profiles matched Chase Merit.

codeus, the FBI's DNA database, and see who they belong to. Merit's defense attorney,

Raj Malene. If they really wanted justice, if they really wanted the truth, they would run those profiles on codeus. Prosecutor Britt Times, there was no DNA of other individuals found at the grave sites. It's just a total misrepresentation of what the science is. Prosecutor's claim, there wasn't enough DNA for a full scientifically valid profile. That would either allow testing that would exclude Chase Merit, or would lead to anyone else. Merit's attorneys claimed authorities had blinders on

when it came to their client, arguing that they should have given more serious consideration to

other suspects. Namely, to him, Kavanaugh. Joseph's business partner and the web designer for their

“waterfall retail site. Remember, authorities had confirmed Dan's alibi for the time to”

make stays when missing and cleared him of any involvement in their deaths. But still, at trial, defense attorneys argued that there was plenty of evidence against Dan, starting with the new allegation that they claimed pointed a finger at him. According to prosecutors, one's trial was underway. A woman by the name of Tracy Rickabene had approached their office. In a recorded interview, Tracy alleged that Dan had confessed to her that he had killed them extace.

Detective Ryan Smith from San Bernardino Sheriff's Department told ABC News that investigators

looked into her allegation, but ultimately dismissed it. None of the things she said caused

“Kavanaugh's alibi to come into question. There was no new investigative leads that we could”

glean from her because, at that time, we knew Kavanaugh was in Hawaii. The defense did raise Tracy's allegation against Dan and their opening argument. But in the end, they decided not to call her to testify and not introduce her interviewer inhabitants. The judge also strictly limited what allegations the defense could raise against Dan Kavanaugh, who was neither accused nor on trial. In an interview ABC News last year, Dan said he knew Tracy. She was a friend he said. When asked if he ever confessed

anything to her, Dan denied it. No, that's a joke. He said pointing the finger at him, was marriage attorneys grasping at straws. I mean, he had nothing else to defend the guy with

“because the guy had so much mounting evidence that he did it. So then the defense is like, well uh,”

this other guy did it though. I try. Prosecutors dismissed the defenses attempt to point of finger at Dan because he had an alibi. Prosecutor Brides. The problem with attempting to say that Dan Kavanaugh was the killer, was that we had very concrete proof that Dan Kavanaugh was nowhere near San Diego, let alone the continental United States at the time of the disappearance. But the defense challenged Dan's Hawaii alibi. Merit's attorney Raj Malene. The best they were able to do is

present a plane ticket that he purchased. Doesn't mean he flew. It means he purchased. Show me that he got on a plane. Prosecutor Brides. I'm said investigators did check with the airline and TSA. They didn't get documentation he said. But they got a verbal confirmation that the ticket was used. At trial, to further shoot down the defense's claim, they called Dan's ex-girlfriend to the stand. The woman who'd taken the trip with them to Hawaii when the mixed days went missing.

Her testimony backed up Dan's alibi. His girlfriend was with him in posting pictures of all of them from Hawaii on her Facebook page simultaneously with them being there. Dan said the experience of having Merit's defense team pointed finger at him was unsettling. Not very pleasant and then they're running your name through the dirt online. That could potentially affect your relationships, your business, and all that. So that was troubling.

In their closing argument, prosecutors told the jury, "You got several pieces of evidence against Chase Merit, which must be looked at collectively. Because they argued. If you look at all the circumstances together, there's only one reasonable conclusion. Chase Merit killed the mixed

time, had been collateral damage. Healed because, if it came to it, boys would have been able

“to identify Merit as the person who killed their parents. In front of the jury,”

Grid Himes emphasized the cruelty of the murder of the youngest mixed days. Saying quote, "It was blow after blow, after blow to a child's skull. As he banged the sledgehammer, the alleged murder weapon on a courtroom podium. Prosecutors reiterated Merit had the means, motive, and opportunity to commit this quadruple homicide." In the defense's closing, Chase Merit's attorneys reiterated that there was a

total lack of physical evidence tying the defendant to the crime. It alleged the state,

Nord-Fax, and witnesses that didn't fit their version of events, and accused them of

“concocting a false story based on who Merit is as a person and businessman. And not whether”

he had anything to do with these four deaths. Prosecutor Grid Himes told ABC News that the jury arrived at a verdict on a Friday, but agonizingly for the attorney. The verdict wasn't read that day. Instead, the judge sent the jury home and told them to come back the following Monday. As season prosecutors, you still get worried. That was the longest weekend of my career. An all-new season of the Hulu original series, the secret lies in Mormon wives,

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Watch and listen to Star Wars, the Mandalorian and Groguo official podcast. Now streaming on Disney Plaza wherever you get your podcasts and catch Star Wars, the Mandalorian and Groguo now streaming on Disney Plaza terms apply. It took six days for the jury to arrive at a verdict in Chase Merit's Murder Trial. Local stations KGTV and KBC covered the news. The end of a near decade-old murder case is solved. Charles Merit was found guilty.

The jury determined that Charles Chase Merit, legend the mixed state family, and the jury's work not over the penalty phase of this trial starts tomorrow. The prosecution plans to pursue the death penalty.

Reporting in San Bernard. To finish was found guilty of all four counts of first-degree murder.

The first count was the murder of Joseph. The second count was the murder of summer. The third count was the murder of Gianni and the fourth count was of Joseph Junior. In the courtroom the day the verdict came down. Chase Merit sat at the defense table. Staring ahead with his hands clasped in front of him. As the verdict was red, he closed his eyes and inhaled slightly. Someone from a few rows behind him cried "Oh God!"

As the clerk continued, Merit's head dropped, and the attorney sitting next to him reached over. In four a moment, said his hand on the convicted killers arm. About six months after Merit's conviction, the court handed down its sentence. "Oh, would it be death or life in prison?" Relatives of the mixed days gave victim-made pack statements. Joseph's mother Susan Blake approached the podium, her voice quivering.

She looked merit directly in the eyes. "This despicable evil monster

Michael McStay, Joseph's brother, came up to the podium, periodically wiping tears away as he spoke.

“"There's nothing more valuable. On this earth than time. Not stolen from them, but stole it from us.”

This world was robbed before beautiful souls." Before the judge imposed dissentance, Chase Merit had one last chance to persuade the court not to give him the death penalty. One last chance to plead for his life. "I may deserve a lot of things. I don't deserve this. I did not do this. And his god is my witness. I will be back here and I will prove to everyone that that is true."

Merit spoke tearfully. He said he loved Joseph. "I would never have heard in the beginning

way. I would never raise my hand to a woman or child."

“He said that prosecutors manipulated evidence just to pin the murders on someone and get a win.”

He said it killed him that the mixed day's relatives didn't believe in his innocence. When Merit finished his statement, it was time for the judge to impose dissentance. The judge would have to decide what was a fair sentence for a man convicted of killing a family of four. What was justice for the mixed day's grieving relatives who had lived for years with the knowledge that their loved ones were brutally murdered. "It is therefore the judge

went sent to this court in severe order to create an judge that the defendant Charles Merit sentenced to death." As Merit listened to the judge given the death penalty, he looked straight ahead, hands clasped in front of him, his solemn expression on changing. Throughout the trial and sins, Merit has maintained his innocence. Just before sentencing, he requested a new trial. He claimed a certain witness should have been

called, whose testimony he said what have exonerated him. His request for a new trial was denied. When ABC News spoke to him last year, he said he was planning to file a habeas petition to try and prove he did not commit these murders. A petition has not yet been filed.

Merit's ex Kathy Jarvis says she's always believed Chase didn't kill the mixed days.

"I've never wavered in my belief in Chase. It's past time that people, I don't want them to forget about this case, and I don't want them to forget about him, you know, being in there. I hope people will re-evaluate. I hope something will happen to exonerate him." Defense Attorney Rajmalin said justice hasn't been served for Merit or the mixed days. Malin said we're no closer to knowing the truth of what really happened to the mixed day

family. A Michael mixed day said the verdict has provided some closure. "I personally am happy with

“the verdict. I think it was correct and fair. He got a fair trial. And the jury spoke."”

Today Chase Merit is behind bars at a California State Prison in San Diego. He's 69 years old. Though he sits on death row, there's no date for his execution. While Merit was on trial in 2019, California's governor instituted a moratorium on the death penalty in the state. There hasn't been an execution in California since 2006. After the mixed days remains were discovered, it was laid to rest in a cemetery in Orange County.

There's a permanent memorial to the family out by the same many waves. On a bluff overlooking the Pacific Ocean sits a terracotta bench. On one side is a plaque with the names. Joseph Summer, Gianni, Joey Jr. mixed day. Inscribed to the seat of the bench, it says, "Riding the waves in heaven. Over 15 years after the mixed days were killed. Friends of theirs, like Gina Watson and Jesse Silveria,

I would like Joseph to be remembered as really great friend that he was, a generous person, a great father,

“a great husband, a great son, a great brother. I don't think I would have spent so many hours of”

my life researching with his father if Joseph wasn't the kind of person that he was. The way that I want to remember Summer is, I want to remember her experiencing that love and

experiencing being a mother. I want to remember them at the beach playing in the sand.

I'm sure today the sun is out. They have their bicycles. You want to get on a bike with Daddy?

“Yeah, let's go. That's what I think of when I remember them.”

[Music]

What happens to the mixed days is a production of ABC audio in 2020, hosted by me,

Ashen Singh, produced by Madeline Wood, Vika Erenson, Audrey Mastek, and Kiyara Powell. With help from Sabrina Fang and Camille Peterson, edited by Gianna Palmer,

“our supervising producer is Susie Luke, music by Evan Viola, scoring by Kiyara Powell,”

mixing by Evan Viola and Bob Mallory. Special thanks to Katie Dendos, Janis Johnson, Chris Donovan, Joseph Rie, Sonny Andrew, Alyssa Stolar, Xander Samaras, Tom Birmingham, Indra Delisacham, and Blue Browning. Gosh Cohen is our director of podcast programming. Even McNath is our executive producer. [Music]

Can't wait for more? Listen to the next episode ahead of everyone else, add free, subscribe now to 2020 True Crime Plus on Apple Podcasts, click the link in the description to start your free trial today. In 1986, a man named Scott Macklin was killed in broad daylight. Police quickly found their suspect, prosecutors convicted him, but now, almost 40 years later,

I'm re-examining this case. I really didn't believe any of it was real and I was like, "Well, they're going to figure out this is not me. They're going to do their police job." Has the wrong man been in prison this whole time? Listen to "examined," the backfire effect wherever you get your podcasts.