20/20 - What Happened to the McStays?

Episode Date: October 4, 2025

An entire family seemingly vanishes into thin air, igniting an investigation and search for answers.  Learn more about your ad choices. Visit podcastchoices.com/adchoices

I'm John Quignores. Vanessa Guillen, a 20-year-old soldier, vanishes while on duty at an army base in Texas. Her family demands answers. How can she go missing on a military base? That's too ridiculous. The search goes on for months. Where is Vanessa?

And a dark story starts to unfold. She told her family that she was being sexually harassed. and wasn't reporting it out of fear of retribution and retaliation. What investigators finally uncover is horrifying. Find out how one soldier, a beloved sister and daughter, ignited a movement and sparked a reckoning in the U.S. military. Listen to Vanished. What happened to Vanessa?

A new series from ABC Audio in 2020. Listen now wherever you get your podcast. We're having so much fun. Woo! It's a years-long mystery that has puzzled investigators. But out here in the desert, there's a break in the case. Once we were inside, it appeared that people just got up and walked away. It's not considered a crime scene, right?

That's correct. crime scene. What detectives uncovered that suggest the McStades may have plotted their own disappearance. What's incredible is that we're just several hundred yards from the border. I mean, the walls right there. That's correct. Did they cross the border and going to Mexico voluntarily or involuntarily? All this surfboards are here, so we didn't go surf in New Mexico, guys. The double stroller here? They don't go anywhere without the double stroller. It was totally out of character as a husband and wife and family to be. romping around. What bothered me was that I found an email to summer. I love you forever,

happy birthday summer, forever and ever. And there was a question of, oh, is this guy, is he following them? And you see these text messages. These are very threatening. This is scary stuff. Some evidence of financial things that seem shady to me. What happened to this family? The whole family, husband, wife, and two children, gone, like, poof, disappeared. Who's ever heard of an entire family going missing? The sudden disappearance of the McStave family quickly becomes one of the most perplexing missing cases in memory. And the mystery starts right here on Avocado Vista Lane in sunny Fulbrook, California. And you look around and you see this quiet, quaint community where about 16 years ago,

Joseph and Summer McStay drove down this very same street, proud first-time homeowners, excited to raise their two sons here. There's the house. This is the house. The McStay's home was supposed to hold lots of happy memories. for this young family. For a short time, it did. But then on February 4th, 2010, Joseph McStay, his wife, Summer, their two young sons,

vanished from here without a trace. They were living in San Clemente, California. They were living in San Clemente, California. I remembered them in the little tiny apartment that they lived in, and Summer gave birth to Giovanni. birth to Giovanni and they did have their second child in this small little San Clemente apartment too so as Summer and Joe grew their family they outgrew

the little beach place that they were living in when Joey moved to Fallbrook I think he was really excited of being a homeowner he was ready to move into a bigger house have a yard for the kids there's a decent size yard here for sure. Fruit trees. This is cool. Look how big the side yard is. I can do a lot over here with the boys. I think Joseph was really on the upswing in terms of his business, his personal life. And Joseph had his own business, earth-inspired products. He sold these high-end custom water features, the type you might see in hotels and business lobbies. He actually started his business, I think, like in his garage, designed.

his own features by hand. And he had a partner Daniel Kavanaugh. I actually made the whole website. I was able to build a site that was like the Amazon of wall fountains. And then I stuck it to the top of Google for every keyword. In terms of his website knowledge, that was the perfect partner to get him where he needed to be in the search rankings.

As the online business was growing, Joseph hired a welder to build the custom fountains. Chase Merritt was Joseph's fabric. Joseph's fabricator on the custom side. He would weld and manufacture smaller scale water walls for Joseph. In a video posted to the company's YouTube page, Chase has seen putting together one of his newly built water features. Once they started doing business together, they were on the phone constantly.

On February 4th, Chase says he and Joseph met in Rancho Cucamonga where Chase lived, and they had lunch together at a chick fillet. Afterwards, Chase says that Joseph stopped returning calls or answering emails. When Chase couldn't get a hold of Joseph that weekend, he expressed concern, like, if you can't get a hold of him, that's unusual, and like, we should do something. And that's when he, like, reached out to the family.

Joseph's web designer and business partner, Dan Kavanaugh, also reached out to the family when he also could not get a hold of Joseph. But then he takes it one step further. I just took the initiative and I just called the cops. I put a welfare check in. And I was like, hey, go buy this address and see if they're okay. San Diego County Sheriff's Office deputies conduct a welfare check at the McStay home.

Nobody is home at the time, but there are no signs that anything is amiss. So deputies simply follow procedure and do not go inside. And then 11 days after the family was last heard from, Joseph's brother, Michael McStay, files a missing persons report. Now, he speaks to police in a recorded interview detailing the mysterious disappearance. Nobody's talked to Joseph since before the 4th. Well, what brought you from trying to call him on February 4th getting nothing?

All the friends calling me, telling me that, have you heard from Joe, what's going on? Dennis Brugos is a retired lieutenant from the San Diego County Sheriff's Office. He oversaw the investigation, and I spoke with him. him outside of the home where the McStades had lived. And once those sheriff's deputies come out here, what are they looking for? If the doors are locked from the outside, you know, and check the windows, you look around, you go around the house. Deputies, they don't notice anything particularly alarming.

No forced entry. But they do notice that the family's beloved dogs are left unattended in the yard, barking away, haven't been fed, have no water. have no water and then they probably see the note pasted on the side door here from animal control basically alerting the family that the dogs have been abandoned yes what does that signal to the deputies that raised red flags because by all accounts they were very good pet owners they took very good care of their dogs and for them to do that would be completely out of character for them i mean their dogs were like their second kids they would have never

done that, ever in a million years. Once we were inside, it appeared that people just got up and walked away. There were some perishable foods on the counter in the kitchen. As I recall, there were a couple of half-eaten bowls of popcorn in front of a television. Is it alarming to find uncooked eggs, popcorn strewn about on the couch? I don't know if that alone is alarming, but I mean, when you put the whole picture together, together, them not contacting people, the dogs, perishable food left out, and all those things together makes you think it raises the level of suspicion that something's not right.

And what do we know at this point about the McStay's vehicles? Well, we knew that one of the vehicles was parked here in a driveway and the other one wasn't here. The McStay's White Isuzu Trooper is missing, and inside the home, there are clothes that are just strewn about. Deputies are looking around thinking, is there something really wrong here? But given that, they still didn't see blood spatter, no signs of struggles,

no walls kicked in, no broken glass. And you look at the situation at the house, then you start looking at the family situation. Who were these people? Were they possibly targets of some criminals for some unknown reason? And then investigators get a break in the case. in the case the family cars found not far from here along the u.s mexico border and then a

surveillance camera just like this one captures what appears to be a family of four going into mexico so now the question is are the mixed days running from something or someone This is pretty close to the waves that we would surf actually. Even a little bigger than Bill is comfortable with, but I'd get him out there and he loved the ocean. Holy cow, it's breaking at the reef. See those guys out here? Look at that. What did you make of Joseph when you met him? He was chill.

I liked just surfing with him, you know. We're pretty simple. What was life like for Joseph and Summer? summer when they were living in San Clemente. Because our business got more successful, it became like the perfect life. You got your girl, now you got your kids, you're right by the beach, you can go surfing, you can run an online business. It's an American dream.

To me, someone was exotic. She had dark hair, dark eyes, dark skin, and she also had a really big, cute smile. When she got engaged, Summer was telling me that she wanted me in her wedding, and the wedding was held at a beautiful venue here in South Orange County. And it was very fun and playful. And then when she got pregnant, she was thrilled that she was pregnant and starting the second part of her dream come true with Joey. That two kids. Joseph Jr. and Gianni. And they knew you.

What do they call you? They would call me Uncle Dan. They're cute little kids, you know. I'd come over, play the same guitar, hang out with them. I was thinking they'd go on bike rides as a family along the beach. I'm having so much fun. Woo! I think they just were happy in their bubble.

They wanted to stay in San Clemente because of the surf, but they found that they had a lot nicer options down by Fallbrook. They were trying to renovate the new house, so they were going to do that all by themselves. We're going to rip out the cabinets. I'll be putting a beautiful granite here, beautiful wood floors all through here as well. They had barely started their home renovation.

their home renovation projects when they suddenly disappeared in February of 2010. As time went on, we started getting more worried. It was just devastating. Time stops and you're in disbelief and shock. After the San Diego County Sheriff's Investigators visit the McStay's home, it takes another four days to get their warrants approved to allow them to remove evidence from the home. And what happens within those four days,

in those four days could critically alter the course of the entire investigation. It's not considered a crime scene, right? That's correct. It wasn't a crime scene. There was nothing that suggested any type of foul play, but still, we were going to run with it. What doesn't happen, though, is the house is not roped off.

You don't see tape on the door, nothing like that. Right. And at that point, Joe McSae's mother comes in, and she decides to try to clean up. And so you don't actually know if she actually may have destroyed evidence because you weren't quite sure what Evans was in the house to begin with. That's correct. Investigators are also really interested in getting information on that Azuzu

Trooper that belonged to the family, but the thing is it could be anywhere. And then they run the plates and they find out that the car is 60 miles away. It was at a parking lot in a shopping center that was at the San Diego, Mexico border, and the vehicle had been towed. Now, what investigators still don't know is if the McStays themselves parked their vehicle here or if it was someone else. What's incredible is that we're just several hundred yards from the border. I mean, the walls right there.

Certainly walking distance, even with children. When the car was impounded and detectives actually got to it, did they find any evidence that was useful? They had the child safety seats in the back seat. Yeah. There was some medication that one of the children was taking I believe for asthma, but nothing else of any real significance. Until February 8th, that Isuzu Trooper was parked here.

How does that influence the trajectory of the investigation going forward? Well, from that point, then you're trying to say, why is the trooper down here? The international borders are a block and a half away, so did they cross the border and go to Mexico voluntarily or involuntarily? Police turn their attention to any surveillance video that might be at that border. And sure enough, after going through hours and hours of footage, they see a family of four. Calmly walking across the border on the very same day that that Azuzu trooper had been towed from the parking lot.

And so it seems that that a surveillance camera, just like this one, captured what looked like the McStay family crossing into Mexico. That's correct. And at that point, you know, it was exciting from the perspectives of the investigators that like we might have a lead here.

When we saw the footage of them in Mexico, supposedly that was kind of a relief. They had found his car very close to the border, and so that made sense. Investigators also do a forensic search of the Mix-Day's computers, and they uncover what looks like an important lead. They call Michael Mix-Day to break the news. Hi, Mike.

Hey. Finally got a little bit of a lead. Oh, that's good. We did the computer analysis, and on January 28th, somebody inside the residence on the computer using Internet Explorer, there were multiple inquiries to crossing into the Mexico area with children and what's required for passports. That coupled with the video and the placement of the car would indicate that they probably went to Mexico. It seemed like every time you turn on the TV there was something about it.

It became a huge local story. Forensic computer experts found important new clues on the McStey's family computer that indicates the family researched and planned their getaway across this border into Mexico. I remember there was some chat rooms about, well, Joey brings all these materials from, from Mexico. Maybe he's involved with the cartels. We heard everything. There were so many crazy theories.

Adding to those theories and questions, Joseph's friend and business associate, Gina Watson, found some other possibly Mexico-related information while combing through Joseph and Summers' email for any clues. So the email that I saw was about Rosetta Stone Spanish, and she wanted Joseph to go purchase it, and she was excited about it. It doesn't necessarily mean they use the Rosetta Stone

to change their life and move to Mexico or something. But it's definitely a possibility. But when Gina Watson takes a deeper dive into the McStay's accounts, she stumbles upon something that she finds alarming. It looks like someone has been taking money out of the company's account. Now, could that be connected to the family's disappearance? disappearance. This show is supported by Chime.

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at out-of-network ATMs. Bank ranking and number of ATMs. According to U.S. News and World Report 2023, chime checking account required. This show is supported by Mind of a Monster, the killer nurse from ID. From 1989 to 1995, Nurse Karen Gilbert killed four of her patients at the Veterans Affairs Medical Center in Massachusetts, and she suspected of killing dozens more. On Mind of a Monster, a podcast from ID, criminal psychologist Dr. Michelle Ward dives into the mindset of Kristen Gilbert to try to find out why she would kill her patients and how she was able to do it in front of her colleagues. Ward speaks with detectives, journalists, nurses, and victims' families to unpack Gilbert's life and crimes on Ward C. Listen to Mind of a Monster, the Killer Nurse, wherever you get your

podcasts. The McStay family has vanished without a trace from their California home. Eventually, the call for answers grows more forceful and becomes national. Really disturbing story, so they need your tips more than ever. Family members have searched near the San Ysidro Tijuana border, where the McStay's vehicle was found abandoned. Detectives are thinking it appears that they went to Mexico. went to Mexico, and it was their choice.

I felt that, you know, there was a possibility that it was a strong possibility that they left voluntarily, and there was no coercion involved. But those close to the McStays are just not convinced the family would head down to Mexico without telling anyone. It was totally out of character as a husband and wife and family

to be romping around. Can I give you my number of the pass along to them so they could call me. Joseph's brother, Michael McStay, is equally suspicious that something just isn't right. Weeks after the disappearance, Michael goes back to the home, this time with the camera, and he's looking for clues and expressing his doubts.

Now look, all his surfboards are here, so he didn't go surfing in Mexico, guys. The double stroller here, Kenneth is here. Yeah, the double stroller is here. They don't go anywhere without the double stroller. I mean, if they were down there, there's no phones in Mexico. to call your family and say, hey, I'm drinking a Mai Tai down on the beach with a bazillion

dollars in the bank. No, it's just not like Joe. Meanwhile, Gina Watson has been helping Joseph McStay's father, Patrick, combed through emails trying to find any clues. Since Gina and Patrick also doubt that the McStays traveled to Mexico willingly, they now believe that something far more sinister has gone down. At the time of the family's disappearance, Gina and Patrick knew that Earth-inspired products was poised to land some large contracts. He and I both thought, since Joseph was about to come into money

through his business, that it could be a financial motive for someone. And then I saw that there were withdrawals from the PayPal account. Joseph had PayPal set up so that he could pay money to vendors or receive money from clients. Gina notices several emails requesting money from the business account via PayPal from Dan Kavana on February 6th and several more after that, all of them totaling almost $7,000,

all of which was withdrawn before the mixed days had even been reported missing. So San Diego detectives called Dan Kavanaugh to ask him about those PayPal transactions. And let me ask you this, Dan, I know you have access for PayPal and PayPal transfers. Yeah. All the way back to like the fifth.

You want to do this? Itemize out all the transfers that you like receipts and stuff. And what kind of explanation did you give them about the PayPal accounts after the mixed days went missing? Maintaining the business, keeping it afloat, keeping the lights on, you know, paying our vendors. Did the investigator seem satisfied with your answers?

Yeah. And I could provide documentation, spreadsheets, proof, like everything. If you could do that and just shoot me a quick, ledger on what where the money went that way my questions are answered the san diego sheriff say that they were satisfied with the information cavanaugh provided and he was cleared gina watson also gives a tip to detectives about chase merit he's the welder who builds josephs custom water fountains someone gina claims had a history of customer complaints you have to talk to to Chase Merritt. I actually emailed the detective.

Gina knows Chase Merritt, not just through Joseph, but also from the water feature industry, and she said she'd had direct experience dealing with him. I would say he was good with his hands and good with metal, but there were complaints. By his own account, Chase Merrick was the last person to see Joseph McStay. Since he's a priority interview for San Diego investigators, They sit down with him two days after the mixed days are reported missing. Joseph was one of my best friends and, you know, obviously, and my business associate. And I can't remember a day that I haven't talked to him almost every single day for the last at least two years.

Investigators have lots of questions for Chase. Among them, what was that lunch at Chick-fil-A about? I saw Joseph Thursday around noon. Thursday, which day? Thursday the 4th. Or did you see it? At Chick-fil-A. We just had to go over all kinds of money stuff.

Nothing to do with the disappearance, whether it's good or bad. Absolutely not. I don't know if anybody that has anything to gain by Joseph being gone. Well, Chase wanted to find Joseph, so, I mean, he was willing to do anything he could to help the investigation. Kathy Jarvis, Chase's girlfriend at the time. his girlfriend at the time says that any allegations of unhappy customers were just untrue. Go ahead and put the first piece of glass in. On the Waterfall Company's YouTube page, Chase displays his handiwork.

He absolutely cared about his work and how it reflected on him. At this point, there's really not much to do with Chase Merritt. They take a DNA sample and send him on his way. with no fresh clues to follow and because investigators believe it is possible the family left the country voluntarily the question of what happened to the mixed days remains a mystery for the next few years so in 2013 the sheriff's department they felt that they had exhausted all of their leads so they felt that their best case was to turn it over to the As the days and weeks and months went on and on, we felt very hopeless and helpless. But not long after the case is handed over to the FBI, a shocking discovery comes to light in the Mojave Desert. North Victorville. It's high desert, it's about 3,000 feet elevation. Kind of a desolate area. A popular sport in the high desert is riding and racing

motorcycles. It was Veterans Day, 2013, and I had the day off, so I went out. It was a nice morning, cool and early. When I go riding, I usually try to avoid most well-traveled roads and just look for trails and rougher roads. I'm going very slow and I saw what I thought was kind of like an upside-down a tortoise shell, which would be strange. When I walked over there and I, it didn't look like a tortoiseshell. Well, it looked like a part of a skull.

It was no bigger than probably the palm of my hand. It's a heartbreaking thing because I couldn't help to think it was, it was small. I'm out here on a motorcycle up behind the dump. And I tell what looks like a human skull. The disappearance of the McStave family has haunted family, friends, and the community for almost four years. And now, about 100 miles away from where they lived in Fallbrook, California, evidence unearthed from the sands of the Mojave might provide long-sought answers

as to what happened to this family. That's what's so crazy about it, is that it feels like it's in the middle of nowhere, but we're a quarter mile from this busy freeway. Very, very true, yeah. Detective Eddie Bachman was a homicide investigator with the San Bernardino Sheriff's Office when that 911 call came in.

A team of investigators, including a for Forensic pathologist was dispatched to the location right off the I-15 freeway between Los Angeles and Las Vegas. It wasn't just the bones by the side of the road that the dirtbiker found. Correct. Once they kind of started doing the grids or the walkthrough of the area, that's when they located the graves. Two graves, just under two feet deep, containing human remains. Investigators begin to excavate the area carry. the area carefully.

So you start removing some of the dirt slowly as we start peeling it back, then we realize at that point that we've got four victims out here. What's the realization for you? It's huge to me at that point. You occasionally have one where, yeah, there's a victim that's located in the desert, but it's generally not of that volume. So it was at the end of the second day that we're able to get dental record comparison done. and determined that the two adults were identified as Joseph and Summer McStay.

It takes a few more days to identify the remains of Gianni and Joseph Jr. through DNA testing. And for the McStay's loved ones, it's a tragic resolution to the mystery of the family's sudden disappearance years earlier. It's not really the outcome. we were looking for, but it gives us courage to know that they're together, and they're in a better place. I was such a hard day to see Michael on the press conference barely holding it together. On the one hand, it's like finally you know something. But then there's all these other questions. How did that happen?

How did they get there and, you know, who did this? And something really terrible happened to them. San Bernardino Sheriff's investigators now have the grim task of figuring out how the mixed days met their fate. As they're scraping away layer upon layer of those shallow graves, are you able to notice anything about what might have happened? So initially, when I was working on the grave where Joseph was recovered, we noticed, obviously, there was some type of blunt force trauma to his head,

but he also had an extension cord that was tied around his neck and that was bound down to his lower extremities. There's obviously some malice or something that was involved with that. In the grave with Joseph McStay was his son, Joey Jr. And in the second grave, were Summer and Gianni, but also a crucial piece of evidence. Ultimately, once the victims were removed from the grave, then we located a Stanley Sledgehammer underneath the victims.

Did that give you an indication that perhaps that was the murder weapon? Yeah, and initially looking at it, the size of the sledgehammer was consistent with the impact marks that were left on the victims. And even though it's been nearly four years, an incredible clue remains, seemingly formed by a heavy rainstorm and then big, baked in by the hot desert sun. There were sets of tire impressions that had backed up to where each grave were at.

Did it seem to you that this was one car, two cars? Based on the size of the tire impressions, it seemed that it was one car that it backed up. So at this point you have four bodies. You now know it's the McStay family. This must have just cracked this case wide open. So you now know what happened to them. You just don't know who did it to them.

Correct. When the bodies were first discovered, some of our first thoughts were, This has to be a cartel hit. Like, who does this? Murders people and buries their bodies out in the middle of the desert. You think about what they possibly saw or feared. You think about as a mother wanting to protect those children.

And it's heartbreaking. It really is. San Bernardino detectives begin to gather all the information they can from San Diego investigators. But no crime scene, no witnesses, they're basically starting from scratch. Who could have done this? They begin by asking Joseph McStay's brother, Michael. They got pulled away from the house by somebody that was comfortable to them. So when we met with Michael and we talked with him, he believed that there were some people that

We needed to look into Charles Chase Merritt and Dan Kavanaugh. What could have led to this horrible crime? Can answers be found and angry messages sent to Joseph McStay? That does sound like a threat. Or perhaps impossible evidence of a romance gone bad. I found an email and said, I love you forever. Happy birthday summer forever and ever. Hostiles.

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Terms apply. New episodes Tuesdays. Two of the bodies found here in the Victorville Desert are those of Joseph and Summer McStane. With this finality, Joseph's friends and surfer buddies, they hold a special memorial service on the water, something that surfers call a paddle out. This is something that they love to do, so we feel like this would be in place. The paddle out was after they found him, and we finally could kind of have some closure.

It was very touching. Question now, who killed Joseph and his family? Homicide investigators from San Bernardino start by touching base with the San Diego Sheriff's Department to get all the information that they have from the Mississippi. person's case. We met with them. We got copies of their case files, but at that point, it's our investigation, so we start from scratch. It could have been anybody. You had to really look at everything with the open eye. They want to talk to anyone who the San Diego investigators might have heard from that had any issue with Joseph McStay or his wife.

So Vic Johansson was one of Summers' ex-boyfriends. They didn't have the best breakup. We know that at some time in the past, Vic Johansson pled no contest to making criminal threats to a neighbor. What bothered me was that I found an email from December of 2009 to summer. And it said, I love you forever. Happy birthday summer forever and ever. It was just odd. And there was a question of, oh, is this guy, is he following them? Does he have an issue with the family? In the end, however, we were able to contact him. We were able to verify his whereabouts. and it excluded him from the list of suspects. And then there was Michael McFadden.

He's a man who was married to Joseph's ex-wife and with the stepdad to his oldest son. Now, years before, he pleaded guilty to an assault on an ex-girlfriend, during which police reported that she had claimed that he'd said he was going to kill me. There were some issues between Michael McFadden and the mixed days,

just over some stuff to do with the children. He was frustrated. frustrated that he was being looked at as a suspect. However, he was very open with us and provided the records to say, hey, I wasn't in the area. So while those people are cleared, the investigators are also looking at mixed day's business associates, looking for anything unusual there. We looked at Joseph's business, earth-inspired products. Dan Kavanaugh was the company Webmaster, and he was critical for driving internet business to the website.

But over the past year, his once close relationship with Joseph, it had soured. Because he believed that Joseph McStay and Chase Merritt were cutting him out of money. Because he was doing other deals with this new guy, I had no idea. Chase Merritt. Yeah. What did you tell Joseph? I was like, what's up, bro? Like, what are you doing?

Like, you owe money now, dude. So these are the text messages between Joseph. and Dad Kavanaugh. Yes. This is pretty testy. Yeah, absolutely. As you read the messages, you see that he's threatening to remove the site,

and that's Joseph's livelihood. Kavanaugh says it'll be about 30 days from today that your site is gone from the search engines. You treat me like a kid, like I'm dumb. Joseph responds, I summon the kids know the real you and what you would potentially do to harm me and my family.

That was his answer. What does that mean to you? That just sounded like a fake answer to me. And I didn't make any, like, threats. All I'm saying is that I can stop the marketing to the site. That does sound like a threat. Yeah, but that's all I could do at that point. And so make him take it seriously.

Despite the animosity, McStay had been paying Kavanaugh, and Kavanaugh says their business relationship was still being resolved when Joseph and his family went missing. Kavanaugh says that after Joseph disappeared, he had to take charge of operations. You can't just not pay all the bills. The business goes under. Remember, Kavanaugh acknowledged to the police that he made several withdrawals of thousands of dollars from the company account. And while the family at first did have some questions about what was happening, Kavanaugh says, ultimately satisfied their concerns. Well, yeah, because there'd be no company anymore if I don't pay the costs associated, right?

then there's nothing. It made sense to me that they probably used Dan to keep the business going. But Gina Watson says what didn't quite make sense is what happened after. But over a year later, Dan Kavanaugh sold the business. Everybody was really upset about that because they didn't feel he had a right to. Did you give part of the proceeds to the surviving McState family? No. They didn't create the business with us.

These are questions that we had as we're investigating it, because this is a problem, right? Is it a business deal gone bad or is it something more than that? But it wasn't like a huge blow-up, like you didn't talk to him anymore or anything like that. I mean, you guys still talk. Yeah. Still talked every day. But when we interviewed Dan, Dan said that things were all good with them. I know that I sold a company and I don't see any laws broken.

I own half that company. Yeah. And I have the legal right to. to sell that company if I want. He felt that Joseph owed him this money. He felt that he was entitled it, which is why he took it. Not only that, but Kavanaugh is able to provide

investigators with an alibi. And he is also able to tell us where he was when the family went missing and provide photographs of where he was, which was in Hawaii. I had taken my girlfriend with me at the time, and we were out there just surfing and hanging out. Investigators are convinced that alibi clears Dan Kavanaugh as a suspect. But while investigators are talking with Kavanaugh,

he's got a suggestion for them of someone who already is on their radar. The other main person in the business, Chase Merritt. Chase owed in like 30 Gs on these books around the time he disappeared. Okay. Interesting, huh? Yeah, very. Absolutely. And then he's probably going to get kicked off the whole deal and then lose maybe hundreds of thousands in the future. over many years.

So that's a lot of motive to me. Are there still other secrets for investigators to uncover in this case? And what is it you see in this murky video from a security camera across the street from the McStay's home? Could it be the murderer caught on tape? DAVID SANGER- So at this point, you

have four bodies. You now know it's the McStay family. Everything shifts. We have a quadruple murder investigation. Unfathomable. Just a family of four, completely murdered. It's like, oh. So you now know what happened to them.

You just don't know who did it to them. There were some people that we needed to look into, Chase Merritt and Dan Kavanaugh. They're missing a motive from Joseph. And Chase literally adored each other. They twisted the truth into something that fit their Your writing checks to yourself and your boss's name the day he disappears off the face of the earth. It's a coincidence that they disappeared that day.

The defense team tells that jury the killer has to be somebody else. They pointed the finger right at you. Yeah. Like, I have a full detail confession from him. Did you ever confess anything to her? No. That's a joke. It was just like, oh boy, what are they going to pull out of their back pocket?

Now, jurors prepare to hear some mind-blowing evidence. Did you murder that family? Did you murder that family? Cadillac bike. What's up, Jay? First bike ride ever. Jay, come here. Who's ever heard of an entire family going missing?

We begin with a California murder mystery. The family of four vanished from their Fallbrook home. The whole family. Husband, wife, and two children. Poof disappeared. It's a year's long mystery, but there is a break in the case. It was out here in the Mojave Desert in California where this dirtbiker going off road makes that grim discovery a human skull. And then the story blew up.

We begin with breaking news on a mystery. Detectives ultimately find the remains of the McStay family, and they're buried in two shallow graves here in the Mojave about 100 miles away from their home. It's believed that the murder weapon was a sledgehammer because one was found in the grave site. This is pretty much the same kind of hammer. Yeah, it's really very uncommon for us

to even find a murder weapon in most cases. And so many big questions follow. But the biggest one of them all, who killed that family? We're going to find this individual or individuals. I know that the sheriffs, the FBI, everybody wants to bring this to justice. My name is Randy Knockin. Sam Bernardino detectives are now on the hunt for a killer. And they're looking over old case files from former detectives trying to get clues.

clues. Investigators focus in on the two men who worked closely with Joseph McStay on the online water fountain business, including his business partner Dan Kavanaugh. Kavanaugh had been involved in this ugly dispute with McStay saying that McStay cut him out of some of the profits from the business. Dan Kavanaugh had sent angry messages to McStay who responded, we know what you would potentially do to harm me and my family. This is a very contentious conversation. We need to look into this. Despite that apparent bad blood between the two,

they remained in business together, and McStay was paying Kavanaugh his share of those profits. And investigators determined that Kavanaugh had an alibi. He was in Hawaii at the time of the family's disappearance. Maybe by the grace of God I had decided to take a surf trip out there. So investigators clear Kavanaugh and turned their attention to the other man who worked closely with Joseph in the water fountain business. fountain business.

Chase Merritt, he gets involved with Joseph building these custom waterfalls, which were much bigger projects, the kind of fountains you see at restaurants and hotels that have to be custom built. Hi, welcome to your how-to video of installing your new water feature. This is Chase Merritt in a video on YouTube promoting the water fountain business. Chase Merritt says he met Joseph at this Chick-fil-A before Joseph disappeared to discuss the business. Merritt even goes on TV to talk about that day. In your gut, what do you think happened?

I have absolutely no clue. The only real big interest we had in that was the parting shot he took. You were the last person he saw. I'm definitely the last person he saw. He doubles down and says, I was absolutely the last person to see him alive. It's definitely something that caught our interest. Now that this is a homicide investigation, San Bernardino detectives can also request warrants. warrants, and so they're able to dig into the business's finances.

They say there's evidence that Merritt was deeply in debt to Joseph McStay, pointing to this email that Merritt had provided to the San Diego detectives. Investigators say it's essentially reminding Chase that he owes Joseph a shocking amount of money, $42,000. And this email was sent three days before the McStays disappeared. The interesting thing is, is in an audit of merits financials, he didn't have that $42,000. We found that he was just horrible with his personal finances. He had a gambling issue where he would go to casinos and spend a lot of money.

Chase was terrible with money. We had a couple of boats for a while. We had jet skis. We had things we didn't need. need. Early on, investigators discovered Chase Merritt had a bit of a rap sheet. Turns out between 1977 and 2001, he had several arrests for burglary and petty theft. Chase has never been violent with me.

I've never seen him be violent. He's not psychotic in the sense that I feel like you could take somebody's life for money. As detectives continued to review evidence from the original investigation, they say they make a major breakthrough when they take another look at the family's Isuzu Trooper. San Diego Sheriff's Department processed it for evidence. They collected the DNA swabs.

Like, OK, we have it. Where is it going to take us? It turns out that trace DNA found on the steering wheel and the gear ship belonged to Chase Merritt. Chase Merritt told the initial investigator, with San Diego that he never drove the family's trooper. But nearly a year after the bodies are found, San Bernardino detectives bring Merritt in for questioning,

and they press him, and he changes his story. Now he says, yeah, he once drove the trooper when he and Joseph went to play paintball before Joseph disappeared. Detective Fifth asked you if you'd ever go to the trip The trooper, and you said no. Actually, that isn't what I said. Because I remember the conversation. The last time I had driven the trooper was when we went painballing,

but it was 150 feet. The fact that his DNA is now recovered off of an area where the driver would have touched, that's a red flag for us. We believe he drove that down to the San Yucidro border. For detectives, signs are pointing to Chase Merritt. But later, if it's on here, A woman comes forward. Well, I think you guys have the wrong man.

Well, what she tells investigators convince them they've got the wrong man. Like, I have a full detailed confession. ABC Wednesday, the Golden Bachelor premieres. Hi, Mel. Hello. Former NFL star Mel Owens is looking for his second chance at love. I'm hopeful that I'll find true love. But these women are in a league of their own.

Mel has never been exposed to women like. I don't know how you can handle it all. The Golden Bachelor season premiere. To love, happiness, and fun. So now! Wednesday, 8.7 Central on ABC and stream on Hulu. 9-1-1, what's your emergency? A tornadoes's coming right at us.

ABC Thursday, the 911 universe expands to Nashville. A fire out is that tornado. Two miles! From executive producer Ryan Murphy. Get everyone you can and send him out here next. Chris O'Donnell, Jessica Capshaw, Kimberly Williams Paisley, Leanne Rhymes. We're on the move. The hell of the safe, kid.

9-1-1-Nashville. Series premiere Thursday 9-8 Central on ABC and stream next day on Hibu. After the McStay family was found brutally murdered out here in the desert, the cops begin zeroing in on Chase Merritt. And it turned out that he was very familiar with the Mojave Desert. He grew up around here. Chase grew up in Hesperia, California. It was, you know, pretty much the middle of nowhere.

I actually met Chase at a country western bar. You know, he can be off-putting, but he can also be charming. We share three children together. At least half of his family still live in the desert. The area where Chase Merritt grew up would prove pivotal to the investigation. That's because detectives find that two days after the McStays disappear, Merritt's cell phone pinged off of that cell phone tower, which happens to overlook where the bodies were buried. And this is near where he used to live.

He's showing in the area where the graves are, that's a huge deal. His bone comes on and it hits off the tower here in Victorville. We later find the graves, you know, and we find the victims. Quite a coincidence. Pretty significant coincidence in our investigation. He also has family in the area, so is there a reason that he was here, you know, or is he here because he's burying bodies? So now, detectives ask Chase Merritt pointed questions about why his phone is pinging off those towers overlooking the graves.

Where'd you go February 6th? I don't remember. Why would your phone show you at the grave site on February 6th? Not possible. I wasn't that. Why would your phone records show you there? Couldn't. all they do

he couldn't Chase Merritt repeatedly denies being near the grave site It shows you out of it, Chase that's why I'm not I'm trying to help it figure this all out It's impossible Were the records wrong?

No, he pinged off those towers Did you plan to go out until these notes? Of course not Of course not There's no reason For me to hurt them What were you doing in the deserts then If you're not, if that's not he

What were you in the desert? If I was in the desert, there was two places I would have been either my older sisters in or grand or my brother. Chase Mayor talks with detectives for nearly seven hours, continuing to deny that he was ever near the grave site and despite the evidence against him,

he's ultimately allowed to leave free to go. So why did you let him walk out of that interrogation room? Well, at that point, there's still a lot of unanswered questions. Could Merritt have been out there visiting his family in the desert? Investigators interview his sister Juanita Merritt to try to find out. And Chase Merritt's sister Juanita lives basically on the other side of that mountain? Yeah, she lives on the other side of the mountain out in a small little town area called OroGran. So during the interview, she did not provide him any alibi.

Chase, at that time, when he was with Joe, never came up here. That's why I was going to ask. Can you remember it all? He didn't even hardly visit. I can remember one time he visited. About how long before... In five years, I hadn't seen him. And she was adamant that he wasn't out here at that time.

His brother lived out in Hisparia, but didn't have any indication that he would have been up here visiting. There was no explanation as to, you know, to you know why he was there at what point did you decide to move in and make the arrest we believed we had enough to prove that he was the only person who had the means the motive and the opportunity to commit this crime we presented to the district attorney's office they agreed then we went and got the warrant to go arrest him chase felt like the police were eyeing him as a suspect when he got arrested it was kind of expected he didn't resist. We walked him into sheriff's headquarters and placed him in a holding cell.

The suspect is 57-year-old Charles Merritt. I was in front of the courthouse for the arraignment. The Chase Merritt is charged with four counts of murder. I don't need to tell you that this is a cold and callous murder of an entire family. We also heard from members of the McStay family and after three years the emotion is just pouring out. I said I wasn't gonna cry, but you have no idea what this means. Merritt pleads not guilty to all four counts of murder, but it'll be more than four years before he has his day in court. The case finally getting to trial nine years after the McSafe

family disappeared. Now, jurors prepare to hear some mind-blowing evidence. Investigators also obtained a surveillance video. But will this evidence help them win their case? Why do you think this video is important? What do you think it shows? Or will it sink it? It's been nearly nine years since the McStays disappeared.

And now a reckoning. Chase Merritt is about to stand trial at this courthouse in San Bernardino in a case that has captivated the country and become a national mystery. When the trial starts, all of us in the media are finally saying, now we're going to get some answers. The family was brutally murdered.

Today, opening statements start in San Bernardino from Merritt. How does this family of four disappear off the face of the year. Ladies and gentlemen, the evidence in this case will show you not only the how, but the why, and especially the who. And the who is sitting here in court today, Charles Merritt. The prosecutor's theory of the case is that they believe Chase Merritt was being fired by Joseph McStay during what Merritt says was their final meeting together. Take me back to February 4th. Chase Merritt, Joseph McStay, meet at a Chick-fil-A not far from where we are right now.

Allegedly, yes. We developed. the theory of that if there was a meeting at all, it was a very quick firing. The cell phone records show that Joseph went back home. It's later that Merritt's phone goes off the network for about four and a half hours, and it's in the middle there where we believe Joseph and his family disappeared.

Disappeared or were murdered? Murdered. Chase Merritt's defense attorney says the claim says the claim that the murders happened inside the house. That's ludicrous. The method of death, according to the prosecution, was by sledgehammer. Blood would be strewn everywhere. There was not one speck of blood found in the entire house.

Is there actually any evidence that they were murdered in that home? No, unfortunately, there's no forensic evidence. Like zero, zero forensic evidence. Zero forensic evidence. And we never contended that we could prove that. Chase Merritt's attorney denies there was any animosity between Merritt and Joseph McStay. What motive would Chase have to kill Joseph? Joseph and Chase literally adored each other. They had gotten contracts worth millions of dollars.

These two were going to the moon, and neither one of them could have done it without the other. Prosecutors, on the other hand, say there is a motive. The Y boils down to greed and greed's child. fraud. Authorities allege that Merritt had a gambling problem and that he lost money. So they say he wrote checks from the water fountain business to himself and then tried to cover his tracks. So these checks were on Joseph's business software. They were backdated to February 4th and then they were deleted from the system. And that's important because we realized that nobody knew the family was missing yet. So why would someone delete it backdating it to the 4th? The defense

maintains that Merritt had permission to write the checks, and they refute the claim that he had a gambling problem. He wrote checks to himself to buy materials. That was a common practice. Checks were backdated routinely. Malin also says that there's an innocent explanation for that email that allegedly showed that Merit was tens of thousands of dollars in debt to Joseph McStay. This was a running ledger. One month up, one month down. One month up, one month down. It was not a debt. But you have to remember, they have some direct evidence as well. Chase Merritt's DNA is in that Isuzu trooper. We get DNA results that place him in the driver's side of that vehicle.

Prosecutors say it shows that Merritt was the one who drove the family's vehicle to the Mexico border. The defense has an answer for this, that it could have been transferred DNA. When I shake your hand and I go to touch a steering wheel, my DNA is going to be on the steering wheel. And during the cross-examination of the state's own DNA expert, he doesn't rule out that possibility. Would it be reasonable for you to conclude that this could be secondary transfer DNA in the vehicle? It is a possible explanation for that observation. Is it a reasonable?

I believe it is reasonable, yes sir. San Diego investigators also obtained a surveillance video from the neighbor across the street. In a key moment for the prosecution, They play this surveillance video for the jury that shows a vehicle leaving the McStay's house the evening they went missing. As you start to analyze the video and you take a closer look of it, you can see with the naked eye that there's a low-hanging tailpipe. While the trooper did not have an exhaust pipe on the passenger side, the exhaust pipe was on the driver's side. Prosecutors contend the video that actually shows Chase Merritt's truck, and they argue that it places him at the scene of the crime. How do you actually know that's Merritt's vehicle?

It had characteristics consistent with being Merritt's truck, including the shadows that are cast by the brake lights, the height, width, and placement of the headlights. But the centerpiece of the prosecution's case is when an FBI cell phone expert testifies that Merritt's phone was pinging in the area of the desert where the McStays were buried. The cell phone can give you, from an historical perspective, it can give you a general location of where somebody has been.

I heard their expert testify that I can't place Chase's phone near the gravesite. He's in the general area, the best he could do. That doesn't sound like certainty to me. 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. Remember, Merritt says he could have been at his sister, Juanita's house, when his phone pinged in the desert. But she originally told detectives that she hadn't seen him in five years.

I didn't even hardly visit. So, I mean, do you figure... In five years, I hadn't seen him. And when they call Juanita Merritt in to testify, prosecutors are in for an unpleasant surprise. How often do you think that you would see your brother around... that time frame. I saw them quite often. Do you remember telling the detective that you hadn't seen him probably for about five years?

No. Oneida changes her story on the stand. She claimed that he had been up there, but her memory was really fuzzy because she had had surgery and was heavily medicated. Was that harmful to the case? We had her prior statement. The interview that Juanita and I had was all recorded. and that was able to kind of disprove her assertion.

After nearly nine weeks, the state rests, and the prosecution leaves the jury with one parting shot, that clip of Chase Merritt's TV interview. I'm definitely the last person you saw. We ended with that because it is the most poignant statement to emphasize to the jury. Even he believes he was the last person to see him alive. Now it's the defense's turn.

Let's do it. And they try to flip the case on its head by saying, not only do the cops have the wrong guy, they point the finger at the person they allege is the real culprit. It was just like, oh boy, what are they going to pull out of their back pocket? Two months into the murder trial of Charles Chase Merritt, the defense now gets to present its case to the jury. When we see the McStay family, we see victims. We do.

And we want justice for them as well. As the defense begins, it has one clear message for the jury. The prosecution has got the wrong man. And that's what this whole investigation is. We want Chase Merritt. So let's just do gymnastics with logic and figure out how do we build a case against him. Did you ever believe that Chase Merritt was guilty? Not for a second.

Not for a second. Not for a second. Never had a moment of doubt. Never. I don't know who did it, but certainly the evidence points to other people other than Chase. That evidence that the defense has is actually DNA recovered from the burial site. In our investigation, we were able to get three DNA profiles. three DNA profiles from the material that tied up Joseph and from the bra of summer mixed day.

The defense was making the argument that the DNA evidence that they had collected from the gravesite did not match Chase Merritt, that in fact it matched someone else. Apparently, Chase killed this family, buried him, and put someone else's DNA on everything, and not his own. There was no DNA of other individuals found at those gravesites. So whose DNA was found at the grave site? Nobody's. 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's merit or lead to anyone else. But the defense disagrees. They claim the authorities just didn't look at other suspects seriously enough. They failed to look at Dan Kavanaugh. And in particular, the other person in business with Joseph McStay. I mean, he had nothing else to defend the guy with. There was a pile of evidence that he did it.

So then the defense is like, well, this other guy did it, though. But the defense claims there is plenty of evidence against Dan Kavanaugh, starting with a shocking new allegation raised by a woman named Tracy Rickobene, who accompanied by her dog, came forward to authorities. So who was Tracy Ricobanee? That was just a friend that I met from another friend, literally a platonic friend.

Prosecutors say that Rick O'Baney had contacted them after the trial was already underway, claiming that Kavanaugh had confessed to her about the murders. When did that full confession come out from there? Maybe two weeks ago, three weeks ago. But investigators say what sounded like it could have been significant. Like, I have a full detail confession. if you want to know exactly how they did it turned out not to be none of the things she

said caused Kavanaugh's alibi to come into question we knew Kavanaugh was in Hawaii did you ever confess anything to her no that's a joke but the defense is still willing to go for a Hail Mary in court and then lo and behold October of 2018 Tracy Ricobeney gives a statement. And what she says is Dan Kavanaugh confessed to her that he killed him in state family. Even though the defense tells the jury about Tracy Ricobani, they ultimately decide not to introduce

her police interview tape into evidence or even to call her to testify. Now, the judge also strictly limits what allegations the defense can raise against Dan Kavanaugh, who is neither accused nor on trial. Remember those threatening messages that Dan Kavanaugh sent to Joseph McStay? Not allowed. But the jury can hear about the financial transactions that Kavanaugh made after the family went missing.

Dan Kavanaugh, despite having a relationship with Joseph for many years, had never gone into his account and taken money himself. The defense wants the jury to believe this is evidence of financial motive for Kavanaugh. Kavanaugh to kill McStay. Do you know what the total amount that Dan Kavanaugh took in? In total, the income was $206,000. That money includes the almost $7,000 transferred out of the company's PayPal account

that he said he needed to keep the business going, as well as his proceeds from selling the company a year and a half after Joseph went missing. And that money went into Kavanaugh's account. That's correct. The only way he would do that is he knew Joseph wasn't coming back. He sold earth-inspired products. He sold it and got the money.

There is no evidence, no credible, reliable, corroborated evidence to justify pointing the finger at Dan Kavanaugh. The prosecution dismisses the defense's financial arguments, and in fact, its entire effort to blame Dan Kavanaugh because he had that alibi. The problem was attempting to see. that Dan Kavanaugh was the killer, was that we had very concrete proof that Dan Kavanaugh was nowhere near San Diego

at the time of the disappearance. Dan Kavanaugh was actually in Hawaii when they disappeared. But at trial, the defense challenges Kavanaugh's alibi. They claim there's no definitive proof of a trip. The best they were able to do is present a plane ticket that he purchased. It doesn't mean he flew. It means he purchased. Show me that he got on a plane.

got on a plane where they got a verbal confirmation that that ticket was used to further counter the defense's claim prosecutors call a rebuttal witness Kavanaugh's girlfriend at that time Laura Knowles at any point during that relationship yes you're probably returned February middle of February his girlfriend was of all of them from Hawaii on her Facebook page. But the defense offers something else for the jury to consider. They claim Chase Merritt has an alibi of his own.

According to the prosecution, the family was dead before 8 p.m. How could he call Chase at 8.28 p.m.? Doesn't make sense. So far, the defense has tried to show someone else could have conceivably killed the McStave family. But now they try to show Chase Merritt could absolutely not have done it. At some point, did he make Chase come home? Yes.

By arguing, as Chase Merritt's former girlfriend, Kathy Jarvis testifies, that he was at home the night of the murder. Now, was there a phone call that Chase received at the evening of the person? Yes. And do you know who the call was from? Yes. Who? Joseph. This is an absolutely critical moment in the trial, because Jarvis is testifying that

Chase got a phone call from Joseph McStay, just as prosecutors say, Joseph McStay is being murdered. According to the prosecution, the family was dead. before 8 p.m. How could he call Chase at 8.28 p.m.? Doesn't make sense. It became a very emotional recollection. What if you were the one he was reaching out to to save him

and you didn't answer the phone, you know? But prosecutors don't buy it. They maintain Chase Merritt called himself using Joseph McStay's phone. The merriest explanation is he attempted to create an alibi by doing that. They're making it seem like, because I love him so much, I'm going to lie for him. I told the truth, and they twisted the truth into something that fit their narrative. The defense continuously attacks the prosecution, and in perhaps the most contentious moment of the case,

they accuse prosecutor Britt Imes of withholding evidence they allege, he knew could help clear merit. The defense called Dr. Benjamin Rudin. It had to do with this witness, Dr. Leonid Rudin, and he's one of the world's leading forensic video experts. Called by the defense to testify about that critical piece of evidence, the home surveillance footage of that truck. I'm not sure whose witness I am at this point,

but at some point I was a prosecution witness. Now, remember, prosecutors contend that was Chase Merritt's truck. And originally, they were going to call Dr. Rudin to support that until he changed his mind. They're cherry-picking their evidence. So now, outside the presence of the jury, the defense tries to convince the judge the prosecution did not turn over Dr. Rudin's key findings. I relayed the general understanding of what I had, the defense. had it. They communicated with the witness. It really was, we want our case dismissed, is what they wanted. But after the whole thing is over, the judge makes his ruling, and he sides with the prosecution.

There was no suppression of evidence and no prejudice. So it baffled my mind that they would stoop to that level to accuse me of misconduct. But the jury, they're unaware of, of all of this and dr rudin is now testifying but for the defense and what he says is one of the biggest moments for the defense he can't conclude that the truck in the video matches chase merritt's truck based on the data i have and all the methods that i have available to me now i render a rejection we clearly were able to show chase's truck was excluded So it's on to closing arguments. A dramatic open to closing arguments in the murderer trial of Charles Merritt.

It was blown after blown, after blown to a child's skull, a three-year-old and a four-year-old. Where the prosecution insists, there's no question. Merritt's guilty. But the defense says there is so much reasonable doubt, the jury must. acquit. So when you return a verdict and not guilty, you sleep at night going, yeah, we, they got the wrong guy. When that jury went out, it's still nerve-wracking. As seasoned prosecutors, you still get worried.

Those deliberations drag on day after day. The longer you're in deliberations, the longer it is to think about the family, especially the two little kids. That can't be good. And then after six long days, jurors finally agree. We the jury in the above entitled action find the defendant, Charles Ray Merritt, guilty of the offense of murder in the first degree. Merritt hung his head as he was found guilty on four counts of first degree murder. There were audible gas of no and thank God heard in the gallery. But that verdict isn't the end of Chase Merritt's story.

story. When I talk to him, he tells me there's more the jury didn't hear. Lots of drama unfolding in the sentencing phase for a man who used a sledgehammer to kill a Fallbrook family. Charles Merritt is facing the death penalty or life in prison. So the day has come. It's time for sentencing. But the defense has one last ditch effort up their sleeve. They file a motion for a new trial. Merritt's attorney Raj Malin comes forward with a bombshell claim. Critical testimony that he says could have helped prove that Chase Merritt's innocence was not presented at trial. Well, we believe that Mr. Merritt should have a new trial, your honor, especially considering cell tower evidence that would have had a tremendous impact

on what the outcome would have been in this case. The cell tower evidence was really important to the prosecution's case. But Maline tells the court that the defense failed to call a key witness, an expert in Seltower analysis. And so that was evidence that that should have been included in According to Maline, that expert would have testified that the prosecution's analysis of the phone records was seriously flawed. And he would have shown that Merritt was never at the grave site. Merritt was livid that he was never called to testify. He wanted the jury to hear that and they didn't get to ultimately it's a big loss for the defense the judge shoots down the request for a new trial and then comes the sentencing where

members of the McStay family give victim impact statements you deserve to pay for what you did to Joey Summers Gianni and Chubba you deserve to suffer like my family and Summers family has suffered Chase Merritt decides he has some words. I love Joseph. He was a big part of my life. I would never have hurt in any way. I would never raise my hand to a woman or child.

I did not do this thing. The moment of truth is finally here as the judge imposes his sentence. It is therefore the judgment sense of this court that the defendant, Charles Merritt, be sentenced to death. I personally am happy with the verdict. I think it was correct and fair. He got a fair trial, and the jury spoke. I think I felt really angry when they sentenced him to death.

It's such a travesty. It doesn't make sense. Today, Chase Merritt is behind bars. is behind bars at the Richard J. Donovan Correctional Facility in San Diego. He is 68 years old. Jace. Hey. Hi. Merritt tells us he's currently preparing what's known as a habeas petition to try to prove his innocence. In a video call from prison, he detailed the main points he says he plans to raise in his petition.

Phone tower evidence, most definitely, is one of the biggest things. Prosecule misconduct, abuse of discretion, judicial error, ineffective assistance of counsel. How important do you think was it that the defense decided not to put on your cell phone tower witness on the stand? I would almost have almost certain had been exonerated had he been on the stand. That's how important it was. Do you think that you got inadequate counsel? Most absolutely, their ineffectiveness cannot be. understated. If I were on that jury, I would have voted guilty. Did you murder that family?

Didn't murder that family. I am innocent. And I will be out one day. And as for Dan Kavanaugh, he says the allegations leveled at him by the defense during marriage trial ruined his life, with people continuing to accuse him of being involved in the murders, even though a had fully cleared him. It's just too much stress, and they're dragging your name through the dirt, mucking up your name. So that sucks.

Kavanaugh says he retreated to the place he'd been when the McStays were killed, Hawaii. He says as part of the healing process, he started a new wellness venture. This opportunity is like a second lease on life. It's like a second chance of business. Despite the acrimony that developed between him and Joseph McStee,

and Joseph McStay. Today, Kavanaugh says he remembers the way it was when they were surf buddies. I mean, I wish he was still around today and I wish he was able to go surf with me, chill, play guitar, hang out. I think Joey will be remembered just as that mellow guy, and he's got his kids,

he's got the beach, he's got a nice business, he was right where he needed to be. Out there in the Mojave Desert, Dhabi Desert, a memorial still marks the place where the McStays were found. And it's a reminder of all that has been lost. But their memories live on with the people who love them. I am grateful to know that we did find Summer and Joseph and the boys' bodies, and they did go as a family.

Taking a cruise on the beach. And when I picture them, I picture them at the beach playing in the sand. I'm having so much fun. Joey's surfing. The sun is out. You know, they have their bicycles. That's what I think of when I remember them. We should point out the remains of the McStay family were buried in Orange County, California.

County, California, eight months after they were found. And although Chase Merritt was sentenced to death, there's currently no date scheduled for his execution. California has temporarily suspended the death penalty. That's our program for tonight. Thanks for watching. I'm Debra Roberts. And I'm David Muir from all of us here in 2020 and ABC News.

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