McStay murder suspect will represent himself
SAN BERNARDINO, Calif. - The man accused of killing the McStays, a family of four who disappeared in 2010 and whose remains were found in 2013 in the California desert, told a judge Friday he wanted to represent himself in his murder trial, despite the judge's urging that it was a "historically unwise" decision.
Charles "Chase" Merritt, 57, had been represented by Robert Ponce, but Ponce said Friday that Meritt decided he wants to represent himself with the hope that it will move the case along quicker since Merritt believes he only has six to eight months to live.
Ponce said Merritt wants the facts of the case made known immediately and wants to clear his name.
While Merritt's alleged health issues were not specified in court Friday, Ponce said in November that Merritt had been diagnosed with congestive heart failure and was being treated by jail doctors.
In response to Merritt's request, San Bernardino Superior Court Judge Michael Smith warned that it was an unwise decision and advised Merritt that the court would appoint him an attorney at no cost. Merritt declined.
Even after Judge Smith went on to describe the disadvantages of Merritt's decision, the defendant stuck with it.
The judge then questioned Merritt about his education and background and in response, Merritt said he graduated high school and went to college for two years. He said that prior to his arrest, he worked as a designer and sold products to manufacturers. Merritt also said he has never represented himself in court before.
Despite Merritt's supposed health issues and lack of legal background, Ponce told the judge he believes Merritt has the intellect to defend himself. The judge subsequently allowed it, but said the matter was pending review until Merritt produced a note from the jail doctor saying he was fit to do so.
Merritt will be appointed advisory and standby counsel that he can use at his discretion.
Also Friday, Judge Smith declined a request by the media to unseal search warrants filed late in the McStay murder investigation, saying releasing that information at this time would "seriously jeopardize the defendant's rights to a fair trial."
Last week, a judge in San Diego unsealed four search warrants from the early stages of the investigation at the media's request.
Joseph McStay, 40; his wife, Summer, 43; and their two sons, Gianni, 4; and Joey, 3, disappeared from their Fallbrook, Calif. home on February 4, 2010. The family wasn't reported missing until 11 days later when Joseph McStay's brother called police and alerted them that the family hadn't been heard from.
When police responded to the home, they found no signs of forced entry, but the family's dogs were in the backyard and a notice from San Diego County Animal Control was on the door indicating that the residents were being warned for abandoning their dogs, according to the search warrants released last week.
Authorities also wrote in the warrants that two bowls of popcorn were on a couch in the living room and a carton of raw eggs and a bag of microwave popcorn were found on the kitchen counter. In an upstairs bedroom, authorities said they found a lamp lying on the floor and in the master bedroom closet, there were several suitcases open with folded clothing inside and a large quantity of clothing tossed on the floor.
San Diego Sheriff's Deputy Troy DuGal wrote in a warrant dated February 19, 2010, "... It is my opinion the McStay family is the victim of foul play."
"...I believe that some or all of the McStay family has been kidnapped and killed," he added.
But despite that initial belief documented in the warrants, investigators apparently reached the conclusion that the family likely fled voluntarily to Mexico and the disappearance was investigated as a missing-persons case for more than three years.
The McStay family's Isuzu Trooper was found abandoned near the Mexico border and the San Diego County Sheriff's Department said it was convinced people seen on dimly lit surveillance video walking into Tijuana, Mexico were the McStays.
That theory, however, was shattered when the family's remains were found in November 2013 in shallow graves in the Mojave Desert, about 100 miles north of where the family lived. The San Bernardino County Sheriff's Department then became the lead investigative agency on the case and a year later, in November 2014, Merritt, a former business associate of Joseph McStay, was arrested and charged with four counts of murder.
In announcing the arrest, authorities said they believe the McStays were bludgeoned to death in their home on February 4, 2010. They have not commented on a motive. Merritt has pleaded not guilty.
The judge set a status hearing in the case for February 20. That will be followed by a procedural hearing on April 3 and then a preliminary hearing on April 7.
