“When one person makes an accusation, check to be sure he himself is not the guilty one.”
Piers Anthony
Dan Kavanaugh has always been an interesting character in this mystery. Like Chase Merritt, there is no convincing evidence actually connecting him to any element of this crime. Kavanaugh’s alibi was placed in serious question by the defense at trial. (There is always the chance that Kavanaugh arranged for someone else to carry out the murders.) An ex-girlfriend of Kavanaugh’s claimed he confessed to the crime–however her testimony was inconsistent with facts of the case–but still, if being “fired” from Joseph McStay’s company, EIP (Earth Inspired Products) makes one a suspect, then Kavanaugh is absolutely a suspect.
It has never been proven that Chase Merritt was “fired” by Joseph McStay. In fact, there is a lot of evidence to the contrary. Dan, on the other hand, is well documented as parting ways with Joseph around the time of the murders, even though he seems to deny this in the Two Shallow Graves documentary. And Dan profited way more than any allegation of profit made by Merritt. Kavanaugh appears to have ended up well over 200k richer, post murders. Whereas, Merritt only received monies he was already owed.
For years we caught only glimpses of Kavanaugh in one or two broadcasts covering this case early on. Kavanaugh would claim in these rare interviews that he was part owner of Joseph’s company EIP. This claim was met with a furious and emphatic retort from Facebook by Joseph’s father, Patrick. According to Patrick and other witnesses, Dan most definitely was not Joseph’s business partner at the time the family went missing, or had ever actually been a partner.
And there were apparently numerous amounts of money taken by Kavanaugh from Joseph’s PayPal accounts, starting February 6th. Accounts he appears to have hacked into. And this before anyone knew that the family was even missing. There was the heated email back and forth between Joseph and Kavanaugh shortly before the McStays went missing. And at trial we learned that Dan had indeed been “fired”. The partnership between the two men was terminated and Joseph was in the last stages of buying Kavanaugh out, when Joseph and his family had their lives suddenly and violently interrupted.
The two men Kavanaugh sold EIP to in 2011 (how he had entitlement to sell the company is still unclear) had ties to the medicinal marijuana trade, and were arrested not long after the murders, which sparked all kinds of intrigue. And we learned at trial that Kavanaugh had profited by over 200k after Joseph’s disappearance.
But then close to the start of trial an ex-girlfriend/friend came forward with a remarkable story– According to opening statements by the defense, this friend of Dan’s approached the FBI, San Bernardino Investigators and the defense with claims that Dan had admitted to abducting and murdering the McStays. And during Investigative Discovery’s “Two Shallow Graves” we got to see this ex first hand. But again, there were discrepancies between her account and the evidence.
Rajan Maline Opening Statements
And this ex never took the stand at trial. To add to this, no one could find Dan for all 5 months of trial as he was sought after to be a witness for the defense. The million dollar question always was, though, with Dan relied on for every single San Bernardino search warrant published on this case, why wasn’t Dan the prosecution’s star witness?
And then “Two Shallow Graves” was aired and Dan Kavanaugh appeared in all his glory. An enigma revealed.
Dan admited on national television to hacking Joseph’s financial accounts–not just after Joseph went missing, but well before he went missing. (At trial there was some mention that Dan was also spreading discord with Metro Sheet Metal, telling that owner that Joseph was cheating him out of a percentage of the sales as well.)
We in the public didn’t know that Dan had actually hacked the financial accounts. But investigators did. This admittance by Kavanaugh supported Chase’s claim that the reason for the change in QuickBooks usage from internet to desktop was to prevent Kavanaugh from further hacking those accounts. How this didn’t clear Chase immediately as a suspect is remarkable.
And tragic.
Justice Delayed: Will the McStay murders ever be solved? Is Chase Merritt a killer or an innocent man on California's Death Row? 
curious, have you personally gotten into contact with Riccobene? I wonder if she’d still attest to this.
I haven’t spoken to her. That would be something a private investigator would do. The problem, I think, with putting too many eggs into the DK basket is that unless he can be tied directly to an act of this crime–as in he can be placed at the McStay home at a critical time, or someone saw him in the act, or he confesses to someone, there isn’t much of a case to be made in appeal or Habeas, other than that 3rd Party Culp should have been allowed.
Riccobene’s statements did, in essence, connect DK to the crime, but unfortunately she had all the facts wrong. She wasn’t seen as credible.
But this is why one of the important components of a Habeas filing is having a private investigator assist in finding new evidence. That’s what may be needed here. NEW EVIDENCE.
If there ever was a case perfectly appropriate for The Innocence Project, this is the one. I almost couldn’t finish watching the documentary because I was so angry at the circus of the prosecution, and to be honest, the defense too.
The evidence definitely got lost in all the court drama. If you haven’t watched the trial itself it’s hard to know this next, but the defense proved Chase’s innocence. It was a remarkable thing to watch. And yet, the DAs did a good job of keeping this from the jury.
The Innocence Project based out of NY won’t take California cases.
There are a number of Innocence Organizations in California–Loyola Law School has one, Northern California Innocence Project, Los Angeles Innocence Project and though CA Innocence closed down there is now the CA Innocence Center.
I would not be surprised if one of these orgs is now involved with Chase’s case in some way. I don’t know this for a fact. There is so much to work with.
how did the defense prove chase’s innocence? how did the prosecution “withhold” his innocence from the jury?most importantly why was there no reasonable argument or defense as to why chase’s cellphone pinged off the closest tower to the burial site, which my understanding is a place familiar to chase AND in the middle of NOWHERE ? and who cares if the lady cleaned her MISSING families house. They were presumed “VOLUNTARILY MISSING” at the time she cleaned it so why is this your hill to die on? I agree that this case is circumstantial. It most certainly does NOT qualify as beyond reasonable doubt, especially without all those other suspects but you’d have to believe that they could disprove Dan otherwise why would they hide a witness/“suspect” during a trial to convict another suspect. That information coming to light standing alone should afford chase a new trial.
how did the defense prove chase’s innocence?
They debunked the State’s entire case in chief.
how did the prosecution “withhold” his innocence from the jury?
The prosecution lied and engaged in distraction techniques that went unchecked by the judge
most importantly why was there no reasonable argument or defense as to why chase’s cellphone pinged off the closest tower to the burial site,
You obviously know nothing about how cellular data works. I’ve written a few pieces on this, go check them out. Also, Chase explains this on his website in great detail. https://theprosecutorspuppets.com/special-agent/
which my understanding is a place familiar to chase AND in the middle of NOWHERE ?
The burial site is also located on a route notorious for the trafficking of drugs and people. And it is a route very often used to travel from Southern Cali to Vegas.
and who cares if the lady cleaned her MISSING families house.
I agree. The only reason this matters is that evidence may have been lost.
They were presumed “VOLUNTARILY MISSING” at the time she cleaned it so why is this your hill to die on?
Agree.
I agree that this case is circumstantial. It most certainly does NOT qualify as beyond reasonable doubt, especially without all those other suspects but you’d have to believe that they could disprove Dan otherwise why would they hide a witness/“suspect” during a trial to convict another suspect. That information coming to light standing alone should afford chase a new trial.
Good point. The best resource on this case is Chase’s website. His book explains so many questions I’ve had. And you can check out other aspects of how law enforcement conducted their investigation into this case.
https://theprosecutorspuppets.com/
Hey. Thanks for the quick response. I do not know how cellular data works but I do have basic understanding of it and I do know that THAT ONE PIECE OF INFORMATION is the reason why so many people’s (based on what I’ve seen on Reddit anyway) reason as to why they either believe they got the right guy or are on the fence
I’m watching the doc right now. And one other thought that I had where I literally had to rewind it and watch it again, I find it VERY TELLING when Britt Imes uses “air quotes” when stating “I should have waited until after trial to, ya know, “clean out” that text thread.” Regarding the omission of exculpatory evidence (truck length) provided to the defense. I believe he subconsciously/automatically made that gesture because he knows what he is stating to be false. And ya know if you watch people lie enough they certainly do have subconscious quirks or “tells”. I find it very interesting, and very sad. Charles seems like a very well-natured individual and the connection from gambler to murderer is such an extreme leap. Especially over only a few thousand dollars to imagine he would murder a family of 4 instead of just pay it back (I’m not saying he did in fact steal it but just to refute the claims). It seems totally misaligned compared to several other suspects with violent criminal histories.
I take pity on the step father. He is clearly irrevocably damaged by this tragedy and way too trusting of law enforcement at the expense of justice and I doubt whether he honestly believes the verdict or if this outcome is just something he tells himself so he can sleep at night.
I think a lot of truths are coming to light in 2024 so I hope this is fruitful year for Charles and his family as well.
I do not know how cellular data works but I do have basic understanding of it and I do know that THAT ONE PIECE OF INFORMATION is the reason why so many people’s (based on what I’ve seen on Reddit anyway) reason as to why they either believe they got the right guy or are on the fence
Well, this may have been one area where the defense screwed up. They should have brought Jovanovic to the stand and clarified this issue. It is confusing to people because it’s counterintuitive. And also, Agent Boles and the prosecutors misrepresented that evidence. Chase’s piece on this is very in depth and a lot to take in–but very much worth reading. That will clarify a lot for you. Put simply, all that the connection to the antennas on those towers show is that his phone was in range of the radio waves emitted–and the range of those towers was very far. Chase could have been in Victorville, or with his sister in Oro Grande, or Apple Valley with his brother or even driving when those short connections occurred. There has to be more context to know where he was. Also important to note, those connections dropped almost immediately after being made. If Chase had been directly under those towers, the calls would likely have lasted longer. And as Chase points out, some of the data in that report was just plain wrong.
I think a lot of truths are coming to light in 2024 so I hope this is fruitful year for Charles and his family as well.
I do as well. His book is excellent. I think it may help him. Anyone interested in this case should read it.
Absolutley believe they got the wrong guy. I’m currently watching the documentary and I could’ve brought up better points in the trial than his defense team. They were there for a paycheck and that’s sad. As soon as Kavenough showed up in a picture, before I knew anything about him, my intuition immediately said this guy did it. He had all the financial gain. He was a hacker. He made those checks against Merritt. It’s obvious. He had total control of the business on the computer side of things. How do these prosecutors get these jobs without being like me? What I mean is I can feel it. My intuition is always 100% accurate. That Kavenough person absolutely had the motive and the financial gain to commit these murders. Mr. Merritt needs to be pardoned. This is absolutely atrocious behaviors of grasping at straws and of course the procescution won, Mr. Merritts defense team was only there for themselves and NOT THEIR CLIENT. If I was rich, I’d reach out to one of those Innocent projects, hire him a competent defense team. There are questions I have and would’ve made the prosecutors case look weak. This poor family and poor man. I hope that he doesn’t die and innocent man behind bars. I’ve been to jail. I’m a good person. They all treat you like you’re nothing and some of us were there for having a suspended license. It’s a scary place and if you have no money, it’s even worse. I hope Mr. Merritt gets an appeal awarded and a brand new defense team. He at the very least deserves that.
I agree Merritt is innocent, but I think his defense team did an excellent job. Unfortunately they were hindered by prosecutorial shaningens and misconduct and bad rulings by the judge.
Had the defense been able to present their case in full, without the juvenile antics of the DA’s team of liars, Merritt would likely have been acquitted.
The science presented was complex, and perhaps the defense could have distilled it down better–made it easier to understand. The jury did not have the luxury of re-watching testimony.
I do hope Merritt gets the legal assistance he needs here–soon. What has been done to him is beyond wrong. And the real killers are still out here.
They lied a lot on the stand and Merritt is innocent. Susan Blake lied, Mike lied, others.
Why did Susan lie about having permission to clean the house? This is not true and she was never given permission. She is protective her only living son it seems.
https://www.facebook.com/100093079430599/videos/402038555947186?idorvanity=1074760952704466
Susan did have permission. That was stated by Dugal at trial. He didn’t want them to clean up, but at the time she did this the family wasn’t believed to be dead or harmed, only missing.
according to this Dugal never gave her permission and actually told her to stop cleaning!
if someone is missing, (ESPECIALLY over a week, and an entire family!) the assumption should be that they may be the victims of a crime or foul play involved, from the police contact Ive had and of course seen in SO many many cases, they just don’t care enough to take the steps necessary to protect potential evidence.
Do you still believe Chase Merritt is innocent? Have you reached out to him?
I am certain he is innocent. This was proven at trial. He could not have committed this crime.
He is innocent. I know him and he did not do this terrible crime.
Have you seen this post?
Why did Susan lie?
No I didn’t see this video. It says “unavailable”. Is it from the trial?
100% I believe he is innocent. He couldn’t have committed this crime.
the video was of Susan Blake telling the interviewer on a CNN special that she was given permission to clean up. she is lying right there, there are many other lies too.
That’s not true. I’ve watched this trial aout 3 times from start to finish. And what does it matter? People in situations like this, where they don’t know what is going on will make mistakes.
At this point it’s all about the evidence. And what that proves. The science presented by defense clears Meritt. Even the State conceded this at one point.
The State knows they got it wrong, or they wouldn’t lie on these television shows they engaged in post-conviction. They literally lied about the evidence that had been presented at trial.
Forget about the McStays. If you find real evidence of wrongdoing, then report it to the right people. But the real culprits here are all working in the DA’s office, or were.
The science is everything.
How is it not true, it’s literally documented on a TV show what does it matter??? Well for one she lied about being given permission to clean the house…that’s kinda huge.
I’m well aware they got it, I know things about this case that others don’t and I know Chase is innocent. I talk to him often and I’m well aware prosecution manipulated evidence.
What does this have to do with Chase’s innocence? It can’t be used in an appeal. It’s not exculpatory evidence for him. You have to find the evidence that will free him. That is all that matters.
Learn about what evidence exonerates. Focus on that. All this other stuff is, is fodder for a useless online argument.
What does it have to do with Chases innocence? It’s one thing but it’s a big thing, why did Susan feel the need to lie about being given permission to clean up? I already know what he’s doing for his appeal. You need to look harder, at everything. This is just ONE lie…and there are many others. If you want to know them ask Chase yourself. I’m well aware of what evidence exonerates. Ask yourself why Chases lawyers didn’t fight hard for him. Why didn’t they question things. You are wrong about it being fodder for a useless online argument btw. It’s part of the totality of things.
Chase’s attorneys fought very hard for him. But, again, there are very specific ways to overturn a conviction and that is all that matters now.
I do think it was a mistake not to bring the cellular data expert to the stand. And I also don’t understand why no mention was made that where Merritt’s phone pinged most strongly was at the location of a restaurant he and his sister had gone to the last time he visited her.
That would have been worth suggesting to the jury, I think.
No mention because that would have benefited Chase.
I don’t think that was deliberate. But it might have helped. Don’t know.
I don’t know if Dan K did this, but the fact that the prosecution arranged for his disappearance during trial might also be something that can be used.
And if the DNA taken from the graves proves useful, they might even solve this case.
There are things most of the public doesn’t know …like how did big smoke get Josephs gun?
Just curious but what evidence do you think will free him?
A new law was put into effect in California just a year or so ago that allows a challenge of expert witness testimony. SB 467. Although the defense did put on their own excellent expert witnesses, the State was allowed to have that Canadian guy testify about Merritt’s truck, and perhaps that testimony should not have been allowed.
The DNA is worth getting reexamined.
Wanna talk about lying, the DAs lied in closing arguments. Maybe there is something there.
I don’t know what issues are being examined for Merritt’s Direct Appeal and Habeas, but given how the DA’s operated from start to finish there are likely good claims for prosecutorial misconduct.
And the science on this case speaks volumes. Merritt didn’t do this. And the State admitted as much. But no one caught it.
I already know he didn’t do this.
That’s great. I agree. But that isn’t going to free him. And it’s just bad form to attack victims of a crime. It doesn’t help Merritt.
I think Merritt’s best chance of overturning his conviction is to be found in the lies told by the prosecutors and in the science that proved he was alibied for all events surrounding these murders and subsequent burial.
This case may need to be reinvestigated in parts. Witnesses spoken to again, etc.
He’s working on it.
Good. I hope he is listening to his attorneys. He made some mistakes as well. Although, he’s extremely intelligent. Attacking the McStays will not overturn this conviction. You gotta find the legal positions that will.
And it’s not a great idea to put down two attorneys who have never wavered in claiming that Chase is innocent.
Nag, they were very smart and they were idiots. McGee saying they tried fir months to find Dan but couldn’t find him, yet Dan had some court appearances to be at before trial…they could have subpoenaed him there.
Did you watch the ID Documentary?
Yes of course.
I meant to say “they weren’t very smart” .
So you know then that Dan was told to go MIA by the prosecution. How is that the defense’s fault?
What evidence do you think proves Chase’s innocence?
OK where did I say it was defenses fault?
Did you read what I wrote…his lawyers KNEW Dan had court appearances to be at before trial…they could have had him subpoenaed at the courthouse he was to be at. Do you get it now? All they had to do was show up where Dan did…at the court house. He could have easily been found. They just didn’t want him there at Chases trial.
Well maybe there is an IAAC argument there, but you’ll have to prove this.
You have to find an issue that can get him free, or it’s just spitting into the wind.
I’m not sure how I’m attacking anyone though? Just curious why she needed to lie.
You can’t know if Susan was lying or just mistaken. And there is no evidence connecting her to these murders. She is a grieving mother, and grandmother, and she didn’t like Chase, so it was easy for her to believe he is guilty.
Chase made some mistakes in all of this, too. Doesn’t mean he should be wrongfully convicted, but being unkind to a woman who lost so much–that’s not great.
We can agree to disagree. There are MANY more lies she told. These aren’t mistakes. I don’t think she had anything at all to do with the murders but I do believe she was brainwashed into thinking Chase was the killer so she was willing to do what she had to, to get him convicted.
But this doesn’t prove Chase’s innocence. There are no grounds for appeal or Habeas based on Susan’s cleaning of that house. None. Let that one go.
There has to be a legal issue-a bad ruling by the judge, the Prosecutors lied in Closing Arguments. IAAC. Brady violation.
Or you find new evidence!!
I never said it was..I said it was one thing, out of many lies. The totality of all the lies will help especially when you can debunk them. It’s part of everything. Everything counts.
No. There are no legal grounds for an appeal on this issue. It’s useless.
For the Direct Appeal you have to identify errors of the court.
For Habeas you have to find new evidence of either a Brady violation or evidence that proves Merritt innocent. Doesn’t matter that Susan lied in proving she did this, it doesn’t overturn the conviction. And we don’t know what was in her mind at that time. She could easily have just forgotten certain details.
Now the DA’s lies are an entirely other thing.