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

[itsbrookie]

BBM

I think you might be right. My heart does go out to him.

MOO

Mine too. I have shed many tears for the McStays and I never met them nor anyone else involved, so I can't even imagine the grief of their immediate family and friends. having watched all of their home videos years ago and from hearing so much about them since they disappeared, they have a special place in my heart and I truly hope they get justice.

 

[katydid23]

On the last day of his testimony, mike mcstay stated that in his last phone call with his brother, that Joey was "frantic" due to money being missing from his bank account. (32.33)

Also, Mike states that he was likely mistaken in earlier stating he had driven by the house on Feb. 4 or 6.

I took some ROUGH NOTES---not exact wording and not every sentence included---but I took notes on the cross and redirect and recross to see what they might be going after when the recall Mike M:


mike mcstay—cross:


-Q-family squabble —please describe it…

nothing big, we got over it...


- Q-So, at some point, you set up DBA document so chase and dan could still make a living ...



A-yes, mar 16 2010

and opened bank account [chase bank]

wanted to continue some orders—but after chase and dan got in big argument, I shut it down


Q-DuGal asked you about financial records, to help find your brother/did you ever give him the chase financial records?


A-Im not sure


I stored 4 or 5 boxes of records in my garage and I gave them all of it


Q-Computer—you took it on the 15th, at the end of the day…


A-Yes


Q-And you returned it, did anyone ask you to?


Yes, I think it was Dugal, or Martinez, I took it back around the 19th


I didn’t have the proper power cord so I never got it turned on


re-direct;


Q-you met with tingley at the station, to make missing report, could u give them precise dates about the 1st to the 15th?


No,sir


Q-so u could be mistaken about the 4th or the 6th visit?


Q-lets check the transcript—


yes, it was chase who went to the home earlier, and I went on the 13th


Q;were you doing all you could to help the investigators?


Yes, I was…


Q:and there was no chase account opened by you on the 15th, correct? So you couldn’t have given that info on the 15th anyway…



Q-your last phone call with your brother was around Feb 1st, from the best of your recollection…


A-yes, i just remember there was money missing from his bank and he was frantic and in a hurry…


>>> at around 36:00 the pros summarizes what they think the defense is going for:


Q -the cross exam questions focused on your memroy, of the 9th and 10th, , has anything in this questioning by Maline changed your opinion that:


u had not heard from Joseph since feb 1st


has anything that mr Maline said changed your belief

that u were notified by your dad and DK,


that u then contacted your mom.


that u went to the house for the 1st time on the 13th


and that the reason you talked to the defendant is because YOU CALLED HIM.


is it your recollection to this day that it was the defendant that pointed out the unlocked window


and nothing has changed your belief that the defendant told you that he had been to the Fallbrook home at least 2 times before the 13th…


and despite all of the questioning in cross, nothing has altered your memory, of the fact that Chase did not enter the door when u came down to open it for him…


recross:

you remember making a statement to Deputy Tingley about Chase hacking something?


not really, no


The attorney in direct brought forward a report, to refresh your memory, but you still did not remember, it seems…


no, sorry, ..


and you testified that you did not really know mr merritt, correct?


objection, misstates testimony


he tries to rephrase, another objection, sustained…


But you did know Dan Kavanaugh, correct?


Yes…


and did you know that his name was ‘dan the hacker?’


objection


overruled


when you made that statement about your brothers account being hacked, you were talking about hacker dan, weren’t you..


objection, foundation…

 

[Tortoise]

I think this is money that Joey already gave to Chase to pay MSM for the supplies, and Chase used it himself. JMO

So do I.

And it's more proof he knew Joey was dead, if we needed any more.

Firstly Metro Sheet Metal/Sequeida Sr. is likely to have pursued him for the stolen money based on what Joey already told him, and his chances weren't looking good with priors for theft and outstanding warrants against him.

Secondly Metro would have probably seen him off the premises with Joey gone and the money stolen and unpaid.

Thirdly he thought police investigating Joey's disappearance (showing Chase' knowledge of death) would be speaking with Metro (which they did) and if the Sequeidas told them about the theft (which they did anyway) Chase wouldn't get to preserve his story of everything between him and Joey being rosy and best friends (as Judge pointed out he did in his interview).

JMO

 

[Tortoise]

He says "around the 1st", could have been the 31st, or the 2nd. Why do you suppose they didn't show him his phone records to "refresh" his memory? Do you recall if the defense did? I don't hear where he says he was likely mistaken about driving by the house on the 4 or 6th?

The prosecutor does ask him if anything he has heard changes his belief about what he remembers. It does not. But that is pretty common, isn't it? That's why statements are used to "refresh" their memory.

Again, not sure it matters if he drove by or not... he was his brother, not like he was a stranger. As for the money missing from his account, if it was before the 2nd, then I'm not sure how that has anything to do with Merritt, the prosecution has shown nothing about missing money before the 2nd? Would have been a pretty simple thing to show him his phone records to see the last time he talked to Joey.

In the timeline thread, the last call with Mike I see is on February 1st: 1:33pm - incoming call from Mikey 8 min
https://www.websleuths.com/forums/threads/mcstay-family-comprehensive-timeline.285143/

BBM I don't know why this has to keep being cleared up.

PART TRANSCRIPT OF REDIRECT

(Timestamp in video 25.14)

Prosecutor: When you talked to Deputy Tingly were you able to give precise dates and times as to anything that occurred between February 1st and that day, February 15th?

Mike McStay: I was pretty distraught so if I jumbled some things up that's a possibility.

P: Did you have a calendar in front of you?

MM: No sir.

P: Did you have notes in front of you?

MM: No sir.

P: Did you have phone records in front of you?

MM: No sir.

P: Did you have bank records in front of you?

MM: No sir.

P: So you were going off the top of your head at that time when you were making a missing persons report for your brother?

MM: To the best of my ability.

P: So if you misstated driving by the house on the 4th or the 6th that could be completely wrong right?

MM: Yes sir.

P: Are you aware of any other place and any other interview you did, that you repeated that 4th or 6th thing?

MM: I'm not sure.

P: Well in fact when you were interviewed by Detective Fiske later that night, or evening, late afternoon whatever it was, in the car with DuGal, she asked you about that statement to Tingly didn't she?

MM: Maybe.

P: Did you have a chance to read page 66 of Mr Maline's transcript this morning, just before testifying?

MM: I didn't, no sir.

P: The one I handed you?

MM: Oh, um, I read a piece of paper this morning I don't know what it was.

P: I'm sorry. Here's page 66 of Mr Maline's transcript that he didn't show you.

MM: Does it ask you about the 4th, does Detective Fiske ask you about the 4th?

P: To speed it up I will direct you starting on line 1470 through the end of the page. Does that refresh your recollection?

MM: Yes sir.

P: And when she asked you about your statement about going down on the 4th what was your response to her?

MM: That I think it was Chase that went down, that my first time there was the 13th.

P: Your memory sitting here today is what days were you at the Fallbrook house?

MM: For sure the 13th when I went through the window [...] and the 15th when I did the police report and follow up with Mr Tingly and all the detectives showed up.

P: And would it be fair to say that when you went initially to see Deputy Tingly you were doing everything you could to be helpful to figure out where your brother, Summer and the boys were?

MM: Yes sir.

P: Would that also be true in your cooperation with Detective DuGal and Detective Fiske?

MM: Yes sir.

 

[Mica]

I would tend to believe that it is just Mike being Mike... but in his testimony he actually elaborates and says he was in his work truck. Do you think he would take his family on the 13th in his work truck?

There can still be absolutely nothing nefarious about it, he drove by, didn't stop. Maybe he was curious? His brother had bought and moved to a new house.

It may resemble it....but do you know what kind of work truck Mike had? If there is even a remote chance that Mike had gone there that evening, I think it shouldn't be ignored, but hey, that's JMO Does anyone know what kind of work truck Mike had? There are lots of different 'work trucks'.

This was Mike’s work truck.

 

[Mica]

On the last day of his testimony, mike mcstay stated that in his last phone call with his brother, that Joey was "frantic" due to money being missing from his bank account. (32.33)

Also, Mike states that he was likely mistaken in earlier stating he had driven by the house on Feb. 4 or 6.

I don’t recall Mike ever saying Joey was frantic due to money being missing from his bank account prior to this testimony. Mike was all over the media doing interviews, had a family website and was on a message board. And never mentioned it. Maybe he just forgot.

It came up on the preliminary, too, just as it did in his recent testimony. Mike told an officer he was by the house prior to the 13th. Mistakes.

 

[itsbrookie]

This was Mike’s work truck.

Very similar looking to Chase's at first glance. If he did innocently and coincidentally drive by on the 4th, he must feel terrible knowing now what was potentially happening inside.

 

[Recidivist]

I don’t recall Mike ever saying Joey was frantic due to money being missing from his bank account prior to this testimony. Mike was all over the media doing interviews, had a family website and was on a message board. And never mentioned it. Maybe he just forgot.

It came up on the preliminary, too, just as it did in his recent testimony. Mike told an officer he was by the house prior to the 13th. Mistakes.

You should listen to his testimony then. Because that is what he says.

 

[citygirl]

Very similar looking to Chase's at first glance. If he did innocently and coincidentally drive by on the 4th, he must feel terrible knowing now what was potentially happening inside.

I thought the same thing. How awful he must have felt. What a nightmare for the entire family.

 

[citygirl]

Maybe not. But *I* have been taking some of it myself (one that contains Poison Ivy of all things) and it's been helping ME. To each his own.

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.

 

[missy1974]

BBM I don't know why this has to keep being cleared up.

PART TRANSCRIPT OF REDIRECT

(Timestamp in video 25.14)

Prosecutor: When you talked to Deputy Tingly were you able to give precise dates and times as to anything that occurred between February 1st and that day, February 15th?

Mike McStay: I was pretty distraught so if I jumbled some things up that's a possibility.

P: Did you have a calendar in front of you?

MM: No sir.

P: Did you have notes in front of you?

MM: No sir.

P: Did you have phone records in front of you?

MM: No sir.

P: Did you have bank records in front of you?

MM: No sir.

P: So you were going off the top of your head at that time when you were making a missing persons report for your brother?

MM: To the best of my ability.

P: So if you misstated driving by the house on the 4th or the 6th that could be completely wrong right?

MM: Yes sir.

P: Are you aware of any other place and any other interview you did, that you repeated that 4th or 6th thing?

MM: I'm not sure.

P: Well in fact when you were interviewed by Detective Fiske later that night, or evening, late afternoon whatever it was, in the car with DuGal, she asked you about that statement to Tingly didn't she?

MM: Maybe.

P: Did you have a chance to read page 66 of Mr Maline's transcript this morning, just before testifying?

MM: I didn't, no sir.

P: The one I handed you?

MM: Oh, um, I read a piece of paper this morning I don't know what it was.

P: I'm sorry. Here's page 66 of Mr Maline's transcript that he didn't show you.

MM: Does it ask you about the 4th, does Detective Fiske ask you about the 4th?

P: To speed it up I will direct you starting on line 1470 through the end of the page. Does that refresh your recollection?

MM: Yes sir.

P: And when she asked you about your statement about going down on the 4th what was your response to her?

MM: That I think it was Chase that went down, that my first time there was the 13th.

P: Your memory sitting here today is what days were you at the Fallbrook house?

MM: For sure the 13th when I went through the window [...] and the 15th when I did the police report and follow up with Mr Tingly and all the detectives showed up.

P: And would it be fair to say that when you went initially to see Deputy Tingly you were doing everything you could to be helpful to figure out where your brother, Summer and the boys were?

MM: Yes sir.

P: Would that also be true in your cooperation with Detective DuGal and Detective Fiske?

MM: Yes sir.

So I wonder why Mike even said he did drive by... even adding .. in his work truck... when asked how he got the address, he said probably my brother...

He could have said I don't know why I said that, I don't recall, etc. He didn't have to add details. JMO

 

[missy1974]

This was Mike’s work truck.

Thanks Mica, I looked everywhere last night and couldn't find anything, I didn't know if it was just a plain truck or what it was.

 

[missy1974]

I don’t recall Mike ever saying Joey was frantic due to money being missing from his bank account prior to this testimony. Mike was all over the media doing interviews, had a family website and was on a message board. And never mentioned it. Maybe he just forgot.

It came up on the preliminary, too, just as it did in his recent testimony. Mike told an officer he was by the house prior to the 13th. Mistakes.

I don't recall that either Mica, and I recall posting with Mike back then. If the timeline thread down in the basement is correct, the last time Mike spoke with Joey was the 1st. The prosecution hasn't shown that any money was missing or cheques were written prior to that by Chase. Do you know much about the PayPal account previous to Feb 1st? I know about PayPal transfers in February, but nothing from previous.. just wondering if maybe someone (Dan) or even one of his vendors had put something through on PayPal that possibly went through his bank?

 

[geevee]

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.

Click on their user name, in the box that pops up, you'll see 'Start a Conversation', click that.

 

[missy1974]

Very similar looking to Chase's at first glance. If he did innocently and coincidentally drive by on the 4th, he must feel terrible knowing now what was potentially happening inside.

I thought the same thing. How awful he must have felt. What a nightmare for the entire family.

IF it happened, I think he drove by and didn't see the Trooper so maybe didn't stop. It could have been earlier in the day on the 4th when Joey wasn't home (I think Summer went out that day too), it could have been on the 6th and the Trooper wasn't there... I don't know if he would have stopped if he didn't think Joey was there. And in that small little chance that it could have been his truck on that video... maybe the Trooper wasn't there at that time. JMO Again, he is Joey's brother, so nothing nefarious has to be drawn from the inference that he may have driven by. I think this all could have been cleared up with the phone records that they had, we saw Mike looking at them to refresh his memory about when he spoke to his Dad and Mom about Joey. JMO

 

[missy1974]

Does anyone know where the timeline calls came from? Obviously Joey's phone records were out there at some point.... do we know where they are?

https://www.websleuths.com/forums/threads/mcstay-family-comprehensive-timeline.285143/

 

[Force Ten]

I don’t recall Mike ever saying Joey was frantic due to money being missing from his bank account prior to this testimony. Mike was all over the media doing interviews, had a family website and was on a message board. And never mentioned it. Maybe he just forgot.

It came up on the preliminary, too, just as it did in his recent testimony. Mike told an officer he was by the house prior to the 13th. Mistakes.

Probably one of those things he kept to himself. The fact that Chase wrote checks to himself could have also jogged his memory.

 

[Force Ten]

IF it happened, I think he drove by and didn't see the Trooper so maybe didn't stop. It could have been earlier in the day on the 4th when Joey wasn't home (I think Summer went out that day too), it could have been on the 6th and the Trooper wasn't there... I don't know if he would have stopped if he didn't think Joey was there. And in that small little chance that it could have been his truck on that video... maybe the Trooper wasn't there at that time. JMO Again, he is Joey's brother, so nothing nefarious has to be drawn from the inference that he may have driven by. I think this all could have been cleared up with the phone records that they had, we saw Mike looking at them to refresh his memory about when he spoke to his Dad and Mom about Joey. JMO

@Tortoise provided the transcript for the testimony about the 13th. I'm good with that. I don't recall if he testified about it but there's also documentation somewhere that they met at Nessie's prior to going to the house. Why meet there if Mike knew where Joseph lived?

 

[missy1974]

Probably one of those things he kept to himself. The fact that Chase wrote checks to himself could have also jogged his memory.

But if Mike talked to him on the 1st for the last time, that was before Chase was writing cheques, right? I just don't know how reliable the timeline calls are that are posted in the main forum.

 

[Force Ten]

This was Mike’s work truck.

Ford Ranger. I hope the defense tries to bring this up. They'll look quite foolish trying to link it to the truck in the video imo.