McStays Episode 6: Life or Death

Hi, this is Ashen Singh here with. another weekly episode of our latest. true crime series from 2020 in ABC. audio. What happened to the mixed days? Remember, you can get new episodes. weekly on Tuesdays if you follow what. happened to the mixed days on Apple. Podcast, Spotify, Amazon Music, or. wherever you're listening now. Or you. can hear the entire series right now ad. free by subscribing to 2020 True Crime. Plus on Apple Podcasts. Click the link. in the description to start your free. trial today.

Now, here's the next episode of what. happened to the mixed days. In 2019, more than 4 years after his. arrest, Charles Chase Merritt was. finally headed [music] to trial. He'd. been charged with killing the Mcays, Joseph, Summer, Giani, and Joseph Jr. 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 waterfalls. Merritt built for Joseph. It had taken more than 5 years from when. the Mixday's remains were discovered to. the start of this trial. A long road for. the victim's loved ones. Outside [music] court and after a. pre-trial hearing, Joseph's brother, Michael McET, [music] spoke to local TV. station KABC. Michael says he was confident. authorities [music] had the right guy.

>> Finally, somebody is going to have to. take responsibility for what they did to. my loving family and um you know, I want. to see him get what he's got coming to. him. >> Joseph's mother, Susan Blake, was there. too. I did want to stand up and [music]. I did want Chase to to look at me in the. eyes. I wanted him to see us in the pain. we've been through and [snorts] that now. we're [music] back for justice. With Chase Merritt facing four charges. of murder in the first degree, the death.

penalty [music] was on the table. He was. fighting for his life. Would the [music]. jury decide Merritt was the one who. killed the Mcays? From ABC audio in 2020. I'm Ashen. [music] Singh and this is what happened. to the mixed days. 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. >> Britt Ims is a district attorney with. the county of San Bernardino. [music] He. was one of the prosecutors who presented. the case against Chase Merritt in court. And IMS told ABC News in an interview. last year that in the nearly 30 years. he's been a prosecutor, [music] the. McDday family murders was the most.

personal case he'd worked on. as a dad. The emotion [music] really hit him. He. said when he was questioning a crime. scene specialist on the [music] stand, put up a picture of the family's Isuzu. trooper for the jury to see. >> It was Joseph Junior's car seat. It was the same car seat that I put my. kids in. [music] It was a personal. connection that I don't think I ever had. with any other case. For IMS, the Mday murder case stood out.

for another reason, [music] too. >> The most difficult case in 27 years. >> IMS said there were several reasons the. Mday case was such a difficult one. It. was the nearly 4-year gap between the. murders and the discovery of the bodies. The multiple jurisdictions [music]. 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.

[music] against Meredy. >> We would have loved to have had an. identifiable murder scene with physical. evidence, whether it be blood or. fingerprints or DNA. [music]. 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 [music] pinpoint. when it happened. I mean, I could. probably go on and on. Instead, I'm said. what he and his fellow prosecutors had. was highly circumstantial evidence. Facts that didn't directly link the.

defendant to the crime, but they argued. [music] 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 bias. Defense attorneys. said authorities decided Merritt was. their guy, twisted facts to build a case.

against him, and ignored other facts. that didn't fit. Raj Molen, who'd 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 this family. >> Here were two of the arguments he made. in Meritt's defense. One, he argued. there was no evidence that the murders. took place in the McDday's Fbrook 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?" There was. none, they argued. Not a drop, not a.

trace, not a speck. The state's theory of the case was that. Merritt had killed the Mcays at home. They argued that there was evidence at. the grave site to suggest that Summer. had been home giving the boys a bath. around the time the family was killed. Prosecutor Britts. 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. was found in the grave. There was other.

bath mats and material consistent with. the bathrobe found in the grave. And as for the matter of blood, prosecutors argued Chase Mary cleaned up. the home after killing the family. They. told the jury he would have had 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, IMS. pointed out, >> "Unfortunately, there's no forensic. evidence that says that the murder. actually happened in that home. zero. forensic evidence and we never contended. that we could prove that to the jury. legally. I don't have to prove the. where, when, or how or the even. necessarily the why. I just have to. prove the who.

And then there was the truck. Remember, there was a vehicle seen on. the neighbor security camera footage. leaving the McStay's home the night the. family went missing. Prosecutors argued this was Merritt's. boxy white utility truck and that 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, [music] the height, width, and.

placement of the headlights. >> In court, that grainy black and white. 9-second clip became a key piece of. evidence. Attorneys played it and. dissected it over and over. Expert. witnesses analyzed 3D models of. Merritt's car doing a virtual drive out. of the McD's driveway, identical to the movements in the. surveillance footage to see if Merritt's. car matched up. The defense's position,

this wasn't Merritt's truck. They put on. their own witness, an expert who was. originally supposed to testify for the. state, but who changed his mind [music]. and 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. merits. Here's defense attorney Raj. Molen. >> We clearly were able to show that. Chase's truck was excluded. >> Prosecutor Bridms disagreed.

No one could rule out that it wasn't. Meritt'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. painting of a tower in the desert on a. crucial day. The state brought an expert witness to.

interpret various maps, call records, and diagrams. And the expert testified. that on February 6th, 2010, Merritt's. phone pinged a tower roughly a mile away. from the grave site. Prosecutors argued. that ping placed the defendant near the. Mday's grave site just 2 days after the. family disappeared. But the expert also testified that cell. phone data can only give you a general. location of where someone has been, not. an exact one. Merit's attorney, Raj.

Molen, 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 conceded that. you can't certainly can't say that. somebody is somewhere because they ping. off a tower.

>> Prosecutor Brits, >> our expert never claimed to have been. able to what's called geollocate 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 grave site. >> 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 the tower in the.

desert, then he must have been visiting. his sister who lived in the area. Prosecutors called Merritt's sister, Wanita Merritt, to the stand to tell the. jury what she'd told authorities just a. few years prior. And Merritt hadn't been. out to visit her in February 2010 when. the Mdays went missing. Here's Wanita. from that police interview, which you. heard in the last episode. >> Chase at that time when he was with Joe.

never came up here. >> That's what I was going to ask. Can you. remember at all? So, >> he didn'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 Wanita took the stand at 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 5 years? >> No. >> I wasn't even in my right mind when I. talked to a detective. >> Wanita testified that [music] back when. the detective came to her house and. interviewed her. She'd recently had. surgery and was heavily [music]. medicated. She testified that she was. quote not in her right mind. She said she saw her brother all the. time back then, sometimes at her house.

When ABC News asked prosecutor Britt IMS. if Wanita Maritt's reversal was harmful. to the state's [music] case, he said. simply, "No, we had her [music] prior. statement." As in the original statement. Oneanita had given police. Here's Detective Brian [music] Smith. The interview that Wanita and I had was. all recorded and that was able to kind. of disprove her assertion.

>> The prosecution also pointed out that. Merritt's DNA was found by police on the. steering wheel of the Mday Isuzu. trooper. The state argued that the. presence of Meritt's DNA on the driver's. side was evidence that Merritt drove the. SUV down to the Mexico border. Merritt's attorneys argued the DNA was. transferred DNA. They claimed Joseph had. gotten trace amounts of Merit's 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. cross-examination, didn't rule out the defense's claim. He. testified that it was reasonable to. conclude the DNA could have been. transferred, but the state argued that. the quantity of Marriage's DNA was. inconsistent with transfer DNA. Prosecutor Britimes again, the problem. with that is it would expected to be in. a minuscule 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 Merritt 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 Merritt, while. claiming to be Joseph's best friend, [music] was writing checks from the. waterfall business and taking money from. him. That Merritt had been overpaid for. projects at work and owed Joseph tens of.

thousands of dollars. That he had a gambling problem. The state contended that Joseph had. discovered the checks and fired Merritt. on February 4th, the day the family went. missing. Prosecutors argued that Merritt then. went to the McSay's fall home to. confront Joseph and killed the McStays. there. Merritt's defense team denied it. all. the taking money from Joseph, the.

debt to Joseph, the gambling problem, the firing, [music] the confrontation at. the Mixday's home, the bad blood between. the two men, and of course, the murders. Meritt's defense attorney, Raj Molen, told ABC News, "Joseph and Meritt's. success was inextricably 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. >> Merritt's ex Kathy Jarvis took the stand. at trial and testified that Merritt was. home in Rancho Cukamonga the night of. February 4th, the night the McSay went. missing. She said she remembered Merritt. 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 [music] maybe that. call happened on a different night. The.

state argued that Kathy couldn't have. seen that call come through Meritt's. phone because they said his phone record. showed his device was off at the time. He didn't register that call. Prosecutors [music] argued Kathy was. misremembering. that she did see a call, but it happened. [music] on a different night. They. questioned her on the stand. >> We've just seen an opportunity or you. had an opportunity to look at some other.

calls that occurred. Right. >> Right. >> And it's your testimony today that you. were not mistaken about that at all. [clears throat]. >> That I was not mistaken about the phone. call. >> Correct. >> That is correct. In an ABC News interview last year, Kathy took issue with prosecutors. >> They're making it seem [music] like. because I love him so much, I'm going to. lie for him. [music] And all I was there. to do was tell the truth. I told the.

truth [music] and. they twisted the truth into something. that fit their [music] narrative. When it was their turn to present their. case, marriage defense [music] team had. their own theories about what might have. happened to the mixed days. Meritt's defense team argued that in. their own investigation of the Mday's. grave site, they found three different.

DNA profiles on Summer's bra, underwear, and on the material that was used to tie. up Joseph. The defense claimed none of. the DNA profiles matched Chase Merritt, that they matched someone else. They. challenged the state, put these three. profiles through Cotus, the FBI's DNA. database, and see who they belong to. Merit's defense attorney, Raj Molen. >> If they really wanted justice, if they.

really wanted the truth, they would run. those profiles in COS. >> Prosecutor Brid I. >> There was no DNA of other individuals. found at the grave sites. It's just a. total misrepresentation of what the. science is. Prosecutors claim there wasn't enough. DNA for a full scientifically valid. profile that would either allow testing. that would exclude Chase Merritt or. would lead to anyone else. Meritt'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 Dan Kavanaaugh, Joseph's business partner and the web. designer for their waterfall retail. site. Remember, authorities had. confirmed Dan's alibi for the time the. Mcave went missing and cleared him of. any involvement in their deaths. But. still, at trial, defense attorneys. argued there was plenty of evidence. against Dan. Starting with the new.

allegation that they claimed pointed a. finger at him. According to prosecutors, once trial was underway, a woman by the. name of Tracy Ricoen had approached. their office. In a recorded interview, Tracy alleged that Dan had confessed to. her that he had killed the mixed days. I. have a full detailed confession from. him. If you want to know exactly how he. did it, like a detailed account from. that night, he's told me everything.

>> Detective Ryan Smith from [music] 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. Kavanaaugh's alibi to come into. question. There was no new investigative. leads that we [music] could glean from. her because at that time we knew. Kavanaaugh was in Hawaii. >> The defense did raise Tracy's allegation. against Dan [music] in their opening.

argument, but in the end they decided. not to call her to testify and not. introduce her interview into evidence. The judge also strictly limited what. allegations the defense could raise. against Dan Kavanaaugh, who was neither. accused nor on trial. In an interview with ABC News last year, Dan said he knew Tracy. She was a. friend, he said. [music]. When asked if he ever confessed anything. to her, Dan denied it.

>> No, that's a joke. >> He said pointing the finger at him. [music] was marriage attorneys grasping. at straws. I mean, he had nothing else. to defend the guy with cuz 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.". >> At trial, prosecutors dismissed the. defense's attempt to point a finger at. Dan because he had an alibi. Prosecutor Brid I.

>> The problem with. attempting to say that Dan Kavanaaugh. was the killer was that we had very. concrete proof that Dan Kavanaaugh 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 Molen, >> 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 Britt Ims 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' taken the trip with him to Hawaii. when the mixed days went missing. Her. testimony backed up Dan's alibi.

>> His girlfriend was with him and posting. pictures of all of them from Hawaii on. her Facebook page simultaneously with. them being there. >> Dan said the experience of having. marriage defense team point a 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, "We've got several pieces. of evidence against Chase Merritt, which. must be looked at collectively." Because. they argued, "If you look at all the. circumstances together, there's only one. reasonable conclusion. Chase Merritt killed the McStay family.". And prosecutors argued Joey Jr. and. Giani, just three and four years old at. the time, had been collateral damage, killed because if it came to it, the.

boys would have been able to [music]. identify Merrick as the person who. killed their parents. In front of the jury, Bridheims. emphasized the cruelty of the murder of. the [music] youngest McSay, saying, quote, "It was blow after blow after. blow to a child's [music] skull as he. banged the sledgehammer, the alleged. murder weapon, on a courtroom podium.". Prosecutors reiterated Merritt had the.

means, motive, and opportunity [music]. to commit this quadruple homicide. In the defense's closing, Chase. Merritt's attorneys reiterated there was. a total lack of physical evidence tying. the defendant to the [music] crime. They. alleged the state ignored facts and. witnesses that didn't fit their version. of events and accused them of concocting. a false story based on who Merritt is as. a person and businessman and not whether.

he had anything to do with these [music]. four deaths. Prosecutor Brid Ims told ABC News that. the jury arrived at a verdict on a. Friday, but agonizingly for [music] the. attorney. The verdict wasn't read that. day. Instead, the judge sent the jury. home [music] and told them to come back. the following Monday. >> As seasoned prosecutors, you still get. worried. That was the longest weekend. [music] of my career.

It took six days for the jury to arrive. at a verdict in Chase Merritt's murder. trial. Local stations KGTV and KABC. covered the news. >> The end of a near decade old murder case. is solved. Charles Merritt was found. guilty. >> The jury determined that Charles Chase. Merritt bludgeoned 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 Bern. >> Defendant 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 Giani. And the fourth count was of Joseph Jr. In the courtroom the day the verdict. came down, Chase Merritt sat at the. defense table, staring ahead with his. hands clasped in front of him. As the. verdict was read, he closed his eyes and.

inhaled slightly. Someone from a few. rows behind him cried, "Oh, God.". As the clerk continued, Merritt's head. dropped and the attorney sitting next to. him reached over and for a moment set. his hand on the convicted killer's arm. About 6 months after Merritt's. conviction, the court [music] handed. down its sentence. What would it be? Death or life in [music] prison?

Relatives of the mixed days gave victim. impact statements. Joseph's mother, Susan Blake, approached. [music] the podium, her voice quivering. She looked Merritt directly in the eyes. >> This despicable evil monster had. brutally beat my family. How could you. beat two precious little babies? Michael McDeay, [music]. Joseph's brother, came up to the podium,

periodically wiping tears away as he. [music] spoke. >> There's nothing more valuable [snorts]. on this earth than time, and that was. stolen from them. That was stolen from. us. [music]. This world was robbed of four beautiful. souls. Before the judge imposed a sentence, Chase Merritt had one last chance to. [music] 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 as God is my witness, I will be back here. and [snorts] I will prove to everyone. that that is true. >> Merritt spoke tearfully. He said he loved Joseph.

>> I would never have hurt him in any 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 Mday's relatives didn't. believe in his innocence. When Merritt finished his statement, it. was time for the judge to impose the. sentence. 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 Mday's grieving. relatives who had lived for years with. the knowledge that their loved ones were. brutally murdered? It is therefore the judgment and sense. of this court and civil order decreed in. a judge that the defendant Charles. Merritt be sentenced to death. As Merritt listened to [music] the judge. give him the death penalty, he looked.

straight ahead, hands clasped in front. of him, his solemn expression. unchanging. Throughout the trial and since, Merritt. 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, would 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 habius 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. Mcays. >> I've never wavered in my belief in. Chase. It's It's past time. that people I I. don't want them to forget about this. case and I don't I don't want them to.

forget about him, you know, being in. there. I I hope people um will re-evaluate. I I. hope something will happen. to uh exonerate him. Defense attorney Raj Molen said justice. hasn't been served for merit or the. Mdays. Molen said we're no closer to knowing. the truth of what really happened to. [music] the Mday family.

But Michael Mday 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 Merritt is behind bars at a. California state prison in San Diego. He. is 69 years old. Though he sits on death. row, there's no date for his execution.

While Merritt was on trial in 2019, California's governor instituted a. moratorum on the death penalty in the. state. There hasn't been an execution in. California since 2006. After the McDday's remains were. discovered, they were laid to rest in a. cemetery in Orange County. There's a. permanent memorial to the family out by. the San Clemeni waves. On a bluff. overlooking the Pacific Ocean sits a.

terracotta bench. On one side is a. plaque with the names Joseph Summer, Giani, Joey Jr. Mday. 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 Saria. still hold vivid memories of what the. family was like.

I would like Joseph to be remembered as. the really great friend that he was, a. generous person, a great father, a great. husband, great son, great brother. I don't think I would have spent [music]. so many hours of my life researching. with his father if Joseph wasn't the. kind [music] 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.

>> Hi little chubby chuba. [laughter]. I want to remember them at the beach. playing in the sand. Hi Surf today. >> The sun is out. They have their. bicycles. You want to get on a bike with. daddy? >> Yeah. >> Yeah. Let's go. That's what I think of when I remember. them. [laughter]. My boys.

[laughter]. [music]. >> [music]. [music]. >> What happened to the mixed days is a. production of ABC audio in 2020 [music]. hosted by me Ashen Singh. Produced by.

Maline [music] Wood, Vika Aronson, Audrey Masttec, and Kiara Powell with. help from Sabrina Fang and Camille. Peterson. Edited by Gianna Palmer. Our. supervising producer is Susie [music]. Lou. Music by Evan Viola. Scoring by. Kiara Powell. Mixing by Evan Viola and. Bob Mallerie. Special thanks to Katie. Dendas, Janice Johnson, [music]. Chris Donovan, Joseph Ree, Sunonny. Antrum, Alyssa Stler, Xander Samarus,

Tom Burman, Indra Delisah, and Blue. Browning. Josh Cohen is our director of [music]. podcast programming. McN is our. executive producer. >> [music]. >> Can't wait for more? Listen to the next. episode ahead of everyone else ad free.

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