The Words They conflated
How a detective’s designation became a prosecutor’s proof
Part of a series examining the evidence in the case.
This installment traces a single sentence — “I was the last person to see him” — from its origin to its use, through three documents. It is short, because the documents do the work.
1. The State’s own timeline
The San Diego Sheriff’s investigative timeline of the McStay case (reproduced in full in the Documents section) marks the entry for February 4, 2010 at 1245 in the State’s own bold type: “Last known in person interaction with Joseph (Charles Merritt).” (Bates 006285.) The designation of Chase as the last known person to see Joseph was the government’s finding, recorded in the government’s chronology, before it was ever anyone’s quote.
2. The detective’s interview
Detective DuGal then delivered that finding to Chase directly, in his recorded interview — and did not merely inform him of it. He installed it:
“There’s question where we jump a hurdle and in my own mind the only hurdle I have right now is has Chase been a hundred percent honest with me. I believe it in my soul, I believe the words you have told me but how do I present that to anybody else including myself when it’s questioned, when I go man really you know he was the last one to talk to him, the last one to see him and that will always be who you are forever right. You’re the last one to visibly see Joey McStay. You are the last one to talk to Joey McStay on the telephone. Does that make you a bad guy no way.” (Interview transcript, DR# 071304411, H# 2013-104, p. 24.)