Stockings hanging on the mantle of their new home in Fallbrook. The prosecutor flashed other family photos on several screens inside the courtroom: The boys in matching pajamas and Santa hats at Christmastime. As he told the story to jurors, he laughed. It was around the holidays and they were all playing Uno when Michael’s daughter caught him and his brother cheating. “Those are the voices that you did not get to hear from,” she said.īoth Blake and Michael McStay recalled one of their last memories with Joseph. When the clip ended, Rodriguez addressed the jurors. “What’s up, dudes?” the father says as he walks over. He pans over to a nearby park, where Summer McStay is pushing the boys on swings. “Wintertime in California,” says Joseph McStay, the voice behind the camera. Melissa Rodriguez showed jurors a McStay family video of the sun setting above the ocean, silhouettes of palm trees in the sky. In her opening statement, San Bernardino County Deputy Dist. “We don’t disagree with anything that’s being said,” Maline said. They did not cross-examine Blake or her other son, Michael McStay, who also took the stand Tuesday. The defense plans to advise jurors that they can consider any lingering doubt they have about who committed the crime when deciding on a punishment. They got the wrong guy,” defense attorney Rajan Maline told reporters outside the courtroom. During the guilt phase of the trial, they argued that Merritt owed McStay thousands of dollars and was motivated by greed when he attacked the family.ĭefense attorneys maintain that Merritt is innocent and said they did not plan to call any witnesses to offer mitigating testimony. Prosecutors are seeking the death penalty.
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