CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11

[Tortoise]

I'm not Gitana of course, but what I see happen when they are asked to review their prior statement is the attorney tells the witness to just read it to themselves, but not out loud.

Its only done to see if it can refresh their own memory.

Imo

Yes, from my point of view (I don't know if it's the reason behind it or not) what someone said when they were not under oath wouldn't be put to a jury because it's not testimony.

It can be used to show if someone is telling a different story now for example, as we saw with Chase's sister, so the jury will have to take into consideration that she gave different answers and consequently is an unreliable witness. She gave a reason for that - saying she was more or less incompetent when Smith interviewed her, so he took the stand to testify to his observations of her at the time and why he deemed her to have sufficient recall of information and detail when he interviewed her.

JMO

 

[Tortoise]

Since Joey was so frantic about the missing money, I’m surprised he never mentioned it to Patrick on the 4th when they spoke just prior to the lunch meeting with Chase. Patrick described the conversation as “everything was fine and nothing was wrong.” Also, when Randi Kaye asked Patrick if Joey expressed anything that was concerning or anything he was worried about in the phone call, Patrick responded, “No, no. He seems happy.”

CNN.com - Transcripts

So maybe Joey didn't want to tell Patrick just yet?

 

[missy1974]

According to the phone log I have for JM, which is from 1/20/2010 - 2/4/2010, MM talked/texted with JM 9 times.

MM called JM:
1/21....10:01 AM 9 mins
1/21....10:49 AM 11 mins
1/22....12:04 PM 12 mins
1/22.... 4:17 PM 8 mins

1/25 ... 11:26 PM JM sends MM text

JM called MM:
1/26.....11:00 AM 8 mins
1/29.......4:14 PM 2 mins

2/1.......1:32 PM JM sends MM text

2/1.......1:33 PM MM calls JM 8 mins

I don't know if this is complete or if (for some reason ) calls have been redacted/deleted.

Yes, that's what I have been able to find as well. Thanks @Cricket28

 

[Cricket28]

Another thing about JM's phone log:

EVERY week day from 1/20/10 to 2/4/10 JM is on the phone starting between 7:30 - 8:30 AM (between 10 - 11 am on weekends).

The defense is going to have to explain why that pattern is broken on 2/5 if they want anyone to believe the family was still alive that morning.

MOO

 

[missy1974]

If Joey had tried to log into his account when Chase was on it, he wouldn't have been able to do so. Maybe Joey tried to log on and was unable to, so he knew someone was hacking into it?

Maybe that was what Mike was referring to when he said that Chase had 'hacked' into Joeys bank account?

you don't think he would try to log in again to check it out?

IMO I think he would.

 

[Mica]

So maybe Joey didn't want to tell Patrick just yet?

I don’t know. Patrick said they were close. If Joey was that frantic about money Chase stole, it's my opinion he would have mentioned it to Patrick, especially since he was meeting Chase, the thief, for lunch.

 

[Tortoise]

you don't think he would try to log in again to check it out?

IMO I think he would.

What would he see if the entries were deleted?

I don't think he'd be looking to see if new vendors had been added on an account he never issued cheques on.

 

[Cricket28]

It's listed in the timeline phone records in the McStay forum. I don't know if those are accurate, that's why I have asked more than once if anyone knows where they came from lol Other than that, all we have is his testimony (link to my post with that testimony and where the prosecutor added it to the calendar), and they never showed him his records that I can recall.

CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11

As far as I know, the phone log floating around for JM came from RB who got it from Patrick.

I might be wrong but that's how I remember it.

MOO

 

[missy1974]

Another thing about JM's phone log:

EVERY week day from 1/20/10 to 2/4/10 JM is on the phone starting between 7:30 - 8:30 AM (between 10 - 11 am on weekends).

The defense is going to have to explain why that pattern is broken on 2/5 if they want anyone to believe the family was still alive that morning.

MOO

I had noticed similar patterns, usually calls started around 8:30, but some were earlier (and some with CM). There was at least 1 time that I noticed he got a call from summer in the early morning too, I was wondering if he maybe went to the gym around that time... started making/receiving calls around the same time of day during the week? I've also considered that she was calling him from upstairs... if he was downstairs LOL I've been there... done that to hubby... called him to bring me something or whatever ;-)

And I agree, they have to explain that. They keep saying they think it happened on the 5th.. but it would have to be pretty early in the morning.

 

[missy1974]

What would he see if the entries were deleted?

I don't think he'd be looking to see if new vendors had been added on an account he never issued cheques on.

He didn't see anything regardless, because he didn't check. That's why I don't think he just randomly tried to log in at the same time as someone else and couldn't log in. Logic tells me if he had any suspicions he would try again.

 

[Tortoise]

I don’t know. Patrick said they were close. If Joey was that frantic about money Chase stole, it's my opinion he would have mentioned it to Patrick, especially since he was meeting Chase, the thief, for lunch.

The alternative is thinking Mikey lied to police in 2010 about what Joey told him. If he thought they might be on holiday he wasn't joining the dots or linking Joey's bank problems to the missing family at that stage.

If Patrick knew nothing I think it's safe to assume Joey didn't want to tell him yet.

JMO

 

[missy1974]

As far as I know, the phone log floating around for JM came from RB who got it from Patrick.

I might be wrong but that's how I remember it.

MOO

Thanks! And I'm guessing that was the only source, since I can't find it anywhere!!!!

 

[citygirl]

So maybe Joey didn't want to tell Patrick just yet?

I agree. What's the point of getting his father riled up? It would only worry him.

 

[missy1974]

Does anyone recall when Patrick was getting sued and he was worried about his name still being on EIP accounts and let Joey know?

I think it came from Chase's interview, that Joey told him or he was there when Joey got the call, but does anyone know the approximate dates this would have happened? was it years before? year before? 2009? 2010? lol

 

[travelbug]

Another thing about JM's phone log:

EVERY week day from 1/20/10 to 2/4/10 JM is on the phone starting between 7:30 - 8:30 AM (between 10 - 11 am on weekends).

The defense is going to have to explain why that pattern is broken on 2/5 if they want anyone to believe the family was still alive that morning.

MOO

I suppose LE could claim they were "incapacitated" yet still alive?? imho

 

[Cricket28]

I’ve seen several different work trucks for Mike. Don’t know if he owned or leased them. Perhaps he took one of the work trucks that fit the whole family?

Didn't MM say that on 2/13 he first went by his house to pick up his family and the car before going to meet CM?

Also, I'm pretty sure he said he did the same on 2/15 before going to the Fallbrook station to report the family missing.

I'm just not sure why he would choose to take his wife and young children with him. But that's Mike I guess.

MOO

 

[missy1974]

Didn't MM say that on 2/13 he first went by his house to pick up his family and the car before going to meet CM?

Also, I'm pretty sure he said he did the same on 2/15 before going to the Fallbrook station to report the family missing.

I'm just not sure why he would choose to take his wife and young children with him. But that's Mike I guess.

MOO

I could see him taking them... what if they were home? Because of the falling out he had with Summer, having his wife and kids there, would probably make the situation less confrontational if he knocked on the door and they answered. IMO

 

[Tortoise]

He didn't see anything regardless, because he didn't check. That's why I don't think he just randomly tried to log in at the same time as someone else and couldn't log in. Logic tells me if he had any suspicions he would try again.

I agree with that logic.

So it seems Joey didn't connect the missing money with QuickBooks until he logged in, between phone calls to the bank, on February 4th.

IMO

 

[QueenBofOB]

I apologize. Didn't mean for it to come off that way. Wanted to PM you but can't figure out how to do it.

Hey no biggie. I have a lot of ortho issues and don't want to rely on prescription meds (nor does my cat). Lest we go around drooling and slobbering on each other, ala Juanita Merritt!!

 

[missy1974]

I agree with that logic.

So it seems Joey didn't connect the missing money with QuickBooks until he logged in, between phone calls to the bank, on February 4th.

IMO

Could be, but if he was looking for a cheque that maybe he forgot about or was looking for a cheque written for that specific amount, he was looking in the wrong account if he never wrote cheques out of the Custom account. IMO The cheques all had the same account number on them, no way to distinguish which QB account it came from, Custom or Contact.