McStay family slaying: Lead defense attorney seeks withdrawal from case, delay of Merritt’s sentencing

The lead defense attorney for Charles “Chase” Merritt, convicted in June of slaying the four-member McStay family of Fallbrook, has filed a motion to withdraw from the case and asked to delay the scheduled Friday, Sept. 27, sentencing of his client.

In a court filing, James E. McGee said a conflict of interest has emerged that prevents him and a lawyer in his firm from continuing to represent Merritt: “Counsel is informed and believes that the motions Mr. Merritt wishes to bring has created an actual conflict of interest.”

The apparent conflict is not spelled out in the paperwork.

Merritt, 62, was convicted of first-degree murder in the deaths of former business associate Joseph McStay, 40, his wife, Summer, 43, and their two children, Gianni, 4, and Joseph Jr., 3. Jurors recommended the death penalty.

Co-defense counsel Rajan Maline said on Wednesday that he will not join the motion.

“Yes, Mr. McGee filed a motion to be relieved,” Maline said. “I do not plan to leave Mr. Merritt until justice is served, and that means until he is free.”

The motion is scheduled to be considered during Friday’s hearing at the San Bernardino Justice Center.

The family had recently moved from San Clemente and disappeared in February 2010, with their bodies found in shallow graves near Victorville almost four years later. Merritt was arrested and charged with the murders a year later.

Merritt, who lived in Rancho Cucamonga, and McStay worked together to sell large-scale water features.

Prosecutors said McStay was cutting Merritt out of the business because of poor performance. Merritt was also told he owed McStay nearly $43,000 shortly before the family disappeared, they said. Defense attorneys said the business was growing, that McStay liked Merritt’s work, and that Merritt’s prospects for continued collaboration with McStay were too lucrative to support the prosecution’s theory.