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Linda Kenney Baden & Trial Analyst Gene Rossi Discuss the McStay Family Murder Trial 05/28/19

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May 28, 2019
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Law&Crime Network
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Linda Kenney Baden & Trial Analyst Gene Rossi Discuss the McStay Family Murder Trial 05/28/19

TL;DR

The prosecution and defense present their closing arguments in the McStay Family Murder Trial, highlighting key evidence and discussing the issue of jurisdiction.

Transcript

welcome back to the long crime Network again I'm Linda Kenney Baden we have three trials on deck so you have to stay tuned because we will be live in the McStay family murder case the Charles Merritt who is on trial for his life in that case the prosecution is in the middle of their closing arguments we'll also be discussing the Steven Jones case i... Read More

Key Insights

  • 😒 Presentation style, including the use of gimmicks, can influence the perception of credibility in a closing argument.
  • 🧑‍🏭 The interpretation of facts by the jury based on the jury instruction can impact the outcome of the trial.
  • 🧑‍🏭 Jurisdictional issues can be a significant factor in determining the validity of an indictment and the course of a trial.

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Questions & Answers

Q: How does the jury instruction mentioned by the defense benefit the defense in the McStay Family Murder Trial?

The jury instruction requires the jury to interpret ambiguous facts in a way that proves innocence. This instruction can help the defense create reasonable doubt in the minds of the jurors.

Q: Why does the defense criticize the use of gimmicks, such as banging a sledgehammer on the lectern?

The defense believes that using gimmicks can come across as insincere and inauthentic, which can lead to a loss of credibility. They argue that a sincere and authentic presentation is more effective in a closing argument.

Q: What is the debate surrounding jurisdiction in the McStay Family Murder Trial?

The defense argues that the murders occurred in a different county than where the trial is taking place, making the indictment defective. The prosecution, however, claims that the jurisdiction of where the bodies were found is sufficient for the trial to proceed.

Q: What evidence does the prosecution present regarding motive in the McStay Family Murder Trial?

The prosecution presents evidence of deleted checks in Joseph McStay's computer, suggesting that Charles Merritt, the defendant, had access to the accounts and benefited from the checks. This evidence supports their argument of motive.

Summary & Key Takeaways

  • The prosecutor raises the jury instruction that requires them to interpret facts in a way that proves innocence if there is any ambiguity or doubt.

  • The defense criticizes the use of gimmicks in the courtroom, such as banging a sledgehammer on the lectern, and emphasizes the importance of sincerity in building credibility.

  • There is a debate regarding jurisdiction, with the defense arguing that the murders occurred in a different county than where the trial is taking place, potentially making the indictment defective.

  • The prosecution presents evidence of deleted checks in Joseph McStay's computer, suggesting motive and highlighting Charles Merritt's potential involvement.


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