CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #12

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missy1974 said:
You understand that his phone was not "off", right? You may want to go listen to Boles testimony on cross about the voicemail calls.

ETA: Day 23 part 4
Click to expand...


So you are saying Chase didn’t switch his phone off at 5ish and then didn’t switch it back on at 9 something and then promptly ring his wife ( oh wait) it’s his girlfriend?

Coz that’s what I have been lead to believe!!
 
5 Q At some point did you have occasion to interview a
6 Katherine Jarvis?
7 A I did.
8 Q And who is that?
9 A That would be what I talked about earlier. That was
10 Mr. Merritt's former girlfriend. It's his children's mother.
11 Q Did you ask Miss Jarvis regarding whether or not the
12 defendant received a phone call from Joseph McStay, Sr., after
13 he had returned home on February 4th, 2010?
14 A I did.
15 Q And what did she explain to you?
16 A Her initial statement was she recalled the night of
17 February 4th after he returned home, that they were standing
18 around the bar area of their apartment. She described
19 Mr. Merritt's phone as lying face up on the counter. And his
20 phone rang and she could see Joseph's name pop up on the
21 display.
22 She said that she asked Mr. Merritt if he was going to
23 answer the phone. And he said, no, and he wasn't going to. He
24 had already talked to Joseph that day and he didn't want to
25 answer it.
26 She thought it was odd that he didn't want to answer it
27 and he let it ring all the way out until it went to voice mail.
28 Q Why did you say that was her initial story?
139
1 A She changed it. Later, she changed her statement, when
2 she was confronted with cell phone records to show there was
3 never a phone call received on Mr. Merritt's phone from Joseph
4 McStay, Sr., that night.
5 Q What was her response at that point, when she was
6 confronted with the phone record?
7 A That she was mistaken. And she remembered the phone call
8 happening that way, but it was possibly a different night.
9 Q Did you ask Miss Jarvis about whether or not the
10 defendant frequented the High Desert around February 4th, 2010?
11 A I did.
12 Q And what was her response to you?
13 A To her knowledge, he did not.
14 Q Did you ask Miss Jarvis whether or not the defendant was
15 a person that was typically hard to get ahold of via cell phone?
16 A She said that sometimes he was hard to get ahold of.
17 That he would go to the casino, it could be for up to a couple
18 of days at a time, and if he was at a table, he typically
19 wouldn't answer his phone.
20 Q Was it -- did you ask her whether or not it was his habit
21 or common behavior to turn off his cell phone for long periods
22 of time?
23 A She said it was not. He did not shut his phone off.
24 Q Did you ask Miss Jarvis whether or not she urged the
25 defendant to make a report about the McStays being missing?
26 A I did.
27 Q And what was her response? What did she tell you?
28 A She did say she urged Mr. Merritt to contact law
140
1 enforcement and report the McStays missing.
2 Q Was there a response from him after she urged him to,
3 according to her?
4 A He did not want to get involved.
5 Q Did you ask her -- or, by the way, I'm sorry --
6 Let's try starting over with that.
7 Did you confirm with her, her cell phone number at the
8 time?
9 A I did. I don't -- I can get that if you need it.
10 Q We've heard about it in earlier testimony, right?
11 A That's correct.
12 Q Did you also confirm with her the defendant's cell phone
13 number?
14 A I did.
15 Q The one we heard about earlier?
16 A Yes, sir.
State of California VS Charles Ray Merritt: Part Four - Transcript of Charles Merritt Preliminary
 
asyousay said:
So you are saying Chase didn’t switch his phone off at 5ish and then didn’t switch it back on at 9 something and then promptly ring his wife ( oh wait) it’s his girlfriend?

Coz that’s what I have been lead to believe!!
Click to expand...

Right. I was lead to believe the same thing. And actually, I think the prosecution was as well. To put it into a nutshell... McGee went through numerous... I think over a month worth of calls that went to VM that also did not register tower information (I do believe there was 1 or 2 that did, no explanation for that either). Some had calls within minutes or seconds before and after that did register a tower, so the phone being turned off really isn't logical.

part 2 of Day 24... this is on re-direct of Boles...

Q: All of those went to vm's, don't show cell tower information. What does that indicate to you based on your training?

A: As I stated on direct, based on my training, that the phone could be off the network, off, on airplane mode, however, based on cross examination, I would like to confer with AT&T to give a more accurate answer.

I understand that no everyone is listening to the testimony... and not everyone can, but this is just another thing that IMO we were lead to believe. I'm still waiting for the forensics from the house that prove that they were killed there...
 
Bernina said:
5 Q At some point did you have occasion to interview a
6 Katherine Jarvis?
7 A I did.
8 Q And who is that?
9 A That would be what I talked about earlier. That was
10 Mr. Merritt's former girlfriend. It's his children's mother.
11 Q Did you ask Miss Jarvis regarding whether or not the
12 defendant received a phone call from Joseph McStay, Sr., after
13 he had returned home on February 4th, 2010?
14 A I did.
15 Q And what did she explain to you?
16 A Her initial statement was she recalled the night of
17 February 4th after he returned home, that they were standing
18 around the bar area of their apartment. She described
19 Mr. Merritt's phone as lying face up on the counter. And his
20 phone rang and she could see Joseph's name pop up on the
21 display.
22 She said that she asked Mr. Merritt if he was going to
23 answer the phone. And he said, no, and he wasn't going to. He
24 had already talked to Joseph that day and he didn't want to
25 answer it.
26 She thought it was odd that he didn't want to answer it
27 and he let it ring all the way out until it went to voice mail.
28 Q Why did you say that was her initial story?
139
1 A She changed it. Later, she changed her statement, when
2 she was confronted with cell phone records to show there was
3 never a phone call received on Mr. Merritt's phone from Joseph
4 McStay, Sr., that night.
5 Q What was her response at that point, when she was
6 confronted with the phone record?
7 A That she was mistaken. And she remembered the phone call
8 happening that way, but it was possibly a different night.
9 Q Did you ask Miss Jarvis about whether or not the
10 defendant frequented the High Desert around February 4th, 2010?
11 A I did.
12 Q And what was her response to you?
13 A To her knowledge, he did not.
14 Q Did you ask Miss Jarvis whether or not the defendant was
15 a person that was typically hard to get ahold of via cell phone?
16 A She said that sometimes he was hard to get ahold of.
17 That he would go to the casino, it could be for up to a couple
18 of days at a time, and if he was at a table, he typically
19 wouldn't answer his phone.
20 Q Was it -- did you ask her whether or not it was his habit
21 or common behavior to turn off his cell phone for long periods
22 of time?
23 A She said it was not. He did not shut his phone off.
24 Q Did you ask Miss Jarvis whether or not she urged the
25 defendant to make a report about the McStays being missing?
26 A I did.
27 Q And what was her response? What did she tell you?
28 A She did say she urged Mr. Merritt to contact law
140
1 enforcement and report the McStays missing.
2 Q Was there a response from him after she urged him to,
3 according to her?
4 A He did not want to get involved.
5 Q Did you ask her -- or, by the way, I'm sorry --
6 Let's try starting over with that.
7 Did you confirm with her, her cell phone number at the
8 time?
9 A I did. I don't -- I can get that if you need it.
10 Q We've heard about it in earlier testimony, right?
11 A That's correct.
12 Q Did you also confirm with her the defendant's cell phone
13 number?
14 A I did.
15 Q The one we heard about earlier?
16 A Yes, sir.
State of California VS Charles Ray Merritt: Part Four - Transcript of Charles Merritt Preliminary
Click to expand...

And I hope if she testifies they will SHOW all those changes in her story. McGee says it isn't so. The judge says they can show those statements if they play the jailhouse tape! Will need popcorn for that for sure!
 
missy1974 said:
Thing is... we don't know what she is going to say or what exactly she has said in the past... and even knowing that we don't know, she's being called a liar IMO

I'm not talking about Chase, I'm talking about Cathy. Is Cathy to be faulted for Chase's past? That seems unfair IMO
Click to expand...

Well maybe she will prove me wrong and present herself as credible, earnest, and truthful. We shall see. But from what we already know, she has proven herself to be agreeable with deception (see jailhouse visits).
 
missy1974 said:
Right. I was lead to believe the same thing. And actually, I think the prosecution was as well. To put it into a nutshell... McGee went through numerous... I think over a month worth of calls that went to VM that also did not register tower information (I do believe there was 1 or 2 that did, no explanation for that either). Some had calls within minutes or seconds before and after that did register a tower, so the phone being turned off really isn't logical.

part 2 of Day 24... this is on re-direct of Boles...

Q: All of those went to vm's, don't show cell tower information. What does that indicate to you based on your training?

A: As I stated on direct, based on my training, that the phone could be off the network, off, on airplane mode, however, based on cross examination, I would like to confer with AT&T to give a more accurate answer.

I understand that no everyone is listening to the testimony... and not everyone can, but this is just another thing that IMO we were lead to believe. I'm still waiting for the forensics from the house that prove that they were killed there...
Click to expand...
The calls from Cathy went to VM, not generating a tower for Merritt's phone to ping. His phone didn't ping until he listened to them after 9:32 and called her back.
 
oceanblueeyes said:
Now that you mentioned it, why was CJ even allowed to visit the defendant?
Imo
Click to expand...

RSBM

That's a good point. We know witnesses are not allowed in the courtroom before they testify (unless they're victims). I haven't heard anything about Michelle attending the trial to support CM. Does that mean she's going to be called by the defense?

MOO
 
missy1974 said:
I have no idea, and I have not spoken to Cathy LOL I know about as much as you guys as far as what she has said... and that would be very very little. AFAIK she has never spoken publicly and we will not know anything unless and until she testifies. Would it matter what she says anyway? Most here have preemptively determined she is a liar anyway... much like Merritt's sister IMO Everyone wants to hear her but probably will not hear her. JMO
Click to expand...

I don't think I preemptively determined that Merritt's sister was a liar. I listened to the testimony and saw that there was a major conflict between what she originally told investigators vs what she is saying now.

So was she lying then or lying now? I cannot accept the explanation put forth, that she was a drooling, mess that was incompetent to answer questions correctly. I say that because her answers were detailed and on point. They were not what one would expect from someone drooling and out of their mind---she remembered meeting him at coco's once and she remembered him saying that she could come visit him in RC if she wanted to see the kids. But the he hadn't been to her home in 5 years or so, IIRC.

Her demeanor in court this time made me think she was being deceitful and disrespectful. She could have said, sincerely, 'I am so sorry that I misspoke during that interview,I can see why it is creating problems now but let me explain the situation,' etc. etc.

But instead she did a little jokey song and dance cute thing, pretending not to recognize anyone, laughing at the questions, as if they were outlandish...etc. It seemed phony and insincere, imo.

I don't think it is fair to say the people are 'preemptively' determining that his sister might no be 100% credible. There are some things which point to that as possibility. Her testimony essentially went from ' He hasn't visited my home for 5 years' to ' he moved in with me around that time.' :rolleyes:
 
katydid23 said:
I don't think I preemptively determined that Merritt's sister was a liar. I listened to the testimony and saw that there was a major conflict between what she originally told investigators vs what she is saying now.

So was she lying then or lying now? I cannot accept the explanation put forth, that she was a drooling, mess that was incompetent to answer questions correctly. I say that because her answers were detailed and on point. They were not what one would expect from someone drooling and out of their mind---she remembered meeting him at coco's once and she remembered him saying that she could come visit him in RC if she wanted to see the kids. But the he hadn't been to her home in 5 years or so, IIRC.

Her demeanor in court this time made me think she was being deceitful and disrespectful. She could have said, sincerely, 'I am so sorry that I misspoke during that interview,I can see why it is creating problems now but let me explain the situation,' etc. etc.

But instead she did a little jokey song and dance cute thing, pretending not to recognize anyone, laughing at the questions, as if they were outlandish...etc. It seemed phony and insincere, imo.

I don't think it is fair to say the people are 'preemptively' determining that his sister might no be 100% credible. There are some things which point to that as possibility. Her testimony essentially went from ' He hasn't visited my home for 5 years' to ' he moved in with me around that time.' :rolleyes:
Click to expand...

I have to agree. She was even able to recall what she was wearing (her overnight clothes) when detectives talked to her years ago. Selective memory IMO.
 
I’m going to go with my initial thought when we learned that CJ was going to testify and that is along the lines of she has something beneficial for the prosecution. She and only she knows what she has to offer. Hoping her experience as a partner to CM and mother to his kids gives her an insight none of us can imagine. Also hoping that JM’s generosity to her and her kids while CM was previously incarcerated holds some weight too. Hopefully optimistic because that’s all I’ve got. MOO
 
katydid23 said:
She is giving the father of her children the necessary alibi to keep him off death row. Of course she is going to stick to her story.
Just because someone has an alibi , it doesn't mean the alibi is true.
Click to expand...

I thought it was stated somewhere on these threads that Chase didn’t have an alibi when the last call was placed. It will be up to the jury to determine if they believe it or not, and that is, if Cathy is even called.
 
Just throwing this out there that just maybe CJ was going to the jail to visit CM via unorthodox means in an effort to gain valuable info for the prosecution; I am willing to give her the benefit of the doubt although I wouldn’t give CM the same.
I am okay with waiting to see what she brings to the table and if I don’t like it I am also okay with that too. IMO CM will be found guilty regardless.
 
<modsnip: quoted post was removed>

I sure hope that L&C is still there next week so we can continue watching! I think I have been able to catch up on all the video's and/or audio's I missed LOL And even went back and listened to some again haha
 
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