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

[Niner]

I've been waiting for a new thread open from last night - so this post might not be relevant now - but I'll post it anyway.

Do you have that from the phone records? Because that's not an accurate reflection of his testimony, which I have already posted in the last few pages of this thread.

I don't know if anyone put this together yet - as I'm on the last thread - trying to catch up. And since I put this together - I'll share! I plugged in the phone calls with the trial testimony about the check on the 1st - and Mike's call to Joey on that day. Plus ALL the calls to Chase.


February 1st:
12:19pm – incoming call from EIP 9 min
from trial transcript-post #1055 by Karinna:
CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11

THE WITNESS: Okay, on February 1st, 2010, at 12:24 P.M., Joseph McStay, the user Joseph McStay added Charles Merritt as a vendor.

12:33pm – incoming text from Guy J
post #1055

The next activity was at 12:34 P.M., where there was a check made out to charles merritt, all lower-case letters, for the amount of $2500. The memo line on that one said: “deposit.”
Q (By Mr. Daugherty) What else did you see happen on the 1st?

A At 12:37 P.M., there was another check added to charles merritt, for the same amount, $2500. The memo line also stated: “deposit.”
Q Is that all lower case under charles merritt?
A It is.
Q How about on the memo line, “deposit.” Is that all lower case?
A It’s all lower case.
Q Now, on the Contact side of the account, would Joseph put information on the memo lines, occasionally?
A Yes, he did.
Q Did he capitalize the first letters?
A Yes, he did.

12:41pm – call to Boston, MA 18 min
1:03pm – call to CM 11 min
1:13pm – call to Pomptonlks, NJ
1:28pm – incoming call from EIP 4 min
1:32pm – outgoing text to Mikey
1:33pm – incoming call from Mikey 8 min
1:50pm – 2:05pm – business calls
2:12pm – outing text to Guy J
2:14pm – incoming text from Guy J
2:29pm – 2:39pm – VM retrieval
2:35pm - call from Dan to Joey 4 min
2:52pm – call to CM 9 min
3:28pm – call to Brainerd, MN
3:45pm – call to CM 33 min
4:38pm - call from EIP 4 min
4:47pm - call from home to Joey
4:49pm - call from EIP to Joey 20 min
5:08pm – call to CM 18 min
6:06pm – call to CM 5 min
6:48pm – call to CM 1 min
7:25pm – call to CM 15 min
8:13pm – call to CM 1 min
8:20pm – call to CM 1 min
9:28pm – call to CM 2 min
9:31pm – call to CM 4 min
10:09pm – call to CM 1 min
10:11pm – call to CM 3 min
10:14pm – call to CM 1 min
10:48pm – outgoing to text to CM
18 calls to/from Chase esp between 5:08pm-11pm – 11 calls

okay, I have googled everything I can think to google to find the origin of the Joey call records we have in the Timeline thread in the McStay Forum.

@Niner maybe you can recall where those came from?

They are from the preliminary hearing. There is a link "somewhere" in the thread.

 

[travelbug]

<modsnip: quoted post was removed>

I would expect that we have that same advice to all witnesses. I would also hope that all witnesses would be treated equally when they say "I don't remember" or "I'm not sure". Up to this point that has definitely not been the case on the McStay thread. It has been 6-9 years for most of the witnesses being called. It is unfair to characterize some of those witnesses as liars while making excuses for others. Why not let the trial proceed, listen to the proven evidence and then allow the jurors to make a neutral and informed decision. imho

 

[missy1974]

I've been waiting for a new thread open from last night - so this post might not be relevant now - but I'll post it anyway.


They are from the preliminary hearing. There is a link "somewhere" in the thread.

RSBM
Thanks Niner! I think I have it figured out though ;-) IMO if the 1st is the last call with Mike, there is no way that Joey could have known about the cheque that wasn't cashed until the 2nd. There are no log in's to the Custom account other than to do the creating a cheque/editing/deleting on the 1st and 2nd.

I have also confirmed that all the phone records that are in the timeline that go back to January, most likely came from Rick Baker's blog, from some other posters and even Ryan Smith testified in the trial that they were on his site.

 

[missy1974]

I would expect that we have that same advice to all witnesses. I would also hope that all witnesses would be treated equally when they say "I don't remember" or "I'm not sure". Up to this point that has definitely not been the case on the McStay thread. It has been 6-9 years for most of the witnesses being called. It is unfair to characterize some of those witnesses as liars while making excuses for others. Why not let the trial proceed, listen to the proven evidence and then allow the jurors to make a neutral and informed decision. imho

Cannot agree more @travelbug

 

[Karinna]

I would expect that we have that same advice to all witnesses. I would also hope that all witnesses would be treated equally when they say "I don't remember" or "I'm not sure". Up to this point that has definitely not been the case on the McStay thread. It has been 6-9 years for most of the witnesses being called. It is unfair to characterize some of those witnesses as liars while making excuses for others. Why not let the trial proceed, listen to the proven evidence and then allow the jurors to make a neutral and informed decision. imho

Don't the phone records refute what CJ has stated though?

 

[cobalt sky]

Well if that is true it makes it even worse if Merritt murdered the McStay family. Some friend!

Yes I agree, IF he did it.

 

[Karinna]

Jurors hear Merritt's interview with detectives, testimony from examiners
SAN BERNARDINO - Jurors in the trial of Charles "Chase" Merritt, charged with murder in the deaths of the McStay family of Fallbrook, heard the interviewing of Merritt by San Diego County investigators in the days after the family's disappearance.

"Up until the fourth, I can't remember a day that I haven't talked to him," Merritt told investigators in the Feb. 17, 2010, interview. "Almost every day, 10 to 15 times. (It's) been going on for at least two years."

He said the two were closely tied together by business with Joseph McStay's Earth Inspired Products and in the interview, said he was involved in roughly 75 percent of McStay's total business and his livelihood depended on the partnership.

But it was the use of past tense in a statement that prosecutors have seized upon in the case.

"Joseph was one of my best friends - not just a business associate," Merritt told the detectives just two weeks after the family was reported missing.
Jurors hear Merritt's interview with detectives, testimony from examiners

 

[travelbug]

Don't the phone records refute what CJ has stated though?

I'm not going to relist the testimony from the PT cellphone and phone experts because it has been posted here in the trial records and repeated by @missy1974. Read what the experts said, including on cross, and form your own opinion. Too many sleuths are listening to what others are saying (based upon the Prelim) instead of researching the witness testimony and making their own informed decision. Then the same incorrect information is posted repeatedly rather the the proven facts.

 

[missy1974]

I'm not going to relist the testimony from the PT cellphone and phone experts because it has been posted here in the trial records and repeated by @missy1974. Read what the experts said, including on cross, and form your own opinion. Too many sleuths are listening to what others are saying (based upon the Prelim) instead of researching the witness testimony and making their own informed decision. Then the same incorrect information is posted repeatedly rather the the proven facts.

Boles starts testimony on Day 22 Part 4... Day 23 and Day 24 (I believe it starts at video 81) To fully understand what the cell records do and do not say, you have to listen to it all. Some of it is hard to understand without maps, but it is what it is.

Can be found here:
McStay Family Murder Trial - YouTube

 

[cobalt sky]

RSBM
Thanks Niner! I think I have it figured out though ;-) IMO if the 1st is the last call with Mike, there is no way that Joey could have known about the cheque that wasn't cashed until the 2nd. There are no log in's to the Custom account other than to do the creating a cheque/editing/deleting on the 1st and 2nd.

I have also confirmed that all the phone records that are in the timeline that go back to January, most likely came from Rick Baker's blog, from some other posters and even Ryan Smith testified in the trial that they were on his site.

BBM. Then what was Mike referring to when he said that Joey was in a panic over money missing from his account I wonder? Is he sure that the 1st was the last time he talked to Joey?

 

[Sillybilly]

ADMIN NOTE:

CJ is a witness in this case and is not on trial. Discussing what is in MSM about her or what she may have said in MSM and what she may say at trial may be discussed. Sleuthing her and/or bashing her and discussing her children is off limits.

 

[missy1974]

BBM. Then what was Mike referring to when he said that Joey was in a panic over money missing from his account I wonder? Is he sure that the 1st was the last time he talked to Joey?

Chase said in his Feb 17th interview with Dugal/Fiske that about 3-4 weeks previous Joey got a call from his Dad, PM, about a consumer debt lawsuit and he was concerned his name was still on the EIP accounts. I was wondering about this yesterday, when exactly that happened, and @Mica informed me it was filed on 12/31/2009 IIRC That seems to be a reasonable explanation. JMO

 

[Force Ten]

BBM. Then what was Mike referring to when he said that Joey was in a panic over money missing from his account I wonder? Is he sure that the 1st was the last time he talked to Joey?

There's nothing on Joseph's call record from Mike after that, unless you are implying something else.

 

[cobalt sky]

Chase said in his Feb 17th interview with Dugal/Fiske that about 3-4 weeks previous Joey got a call from his Dad, PM, about a consumer debt lawsuit and he was concerned his name was still on the EIP accounts. I was wondering about this yesterday, when exactly that happened, and @Mica informed me it was filed on 12/31/2009 IIRC That seems to be a reasonable explanation. JMO

Thanks Missy, but in that instance was money missing from his account though?

There's nothing on Joseph's call record from Mike after that, unless you are implying something else.

I'm just trying to figure out what day it was that Mike talked to Joey and Joey was frantic about money being missing from his account. That could be very important in the timeline of the days or weeks leading up to the disappearance. Maybe I need to go watch that testimony again.

 

[missy1974]

Thanks Missy, but in that instance was money missing from his account though?

I don't think there was any money 'missing', but I could see Joey worrying about money being taken or his account being frozen because of it. I also don't think Mike would lie about that (maybe mistaken about the day it happened), so this seems like a reasonable explanation to me. But again, JMO. I think if there was any money missing (previous to the 2nd), the prosecution would have been all over it... well unless they thought it was Dan that did it Again... JMO

 

[cobalt sky]

I don't think there was any money 'missing', but I could see Joey worrying about money being taken or his account being frozen because of it. I also don't think Mike would lie about that (maybe mistaken about the day it happened), so this seems like a reasonable explanation to me. But again, JMO. I think if there was any money missing, the prosecution would have been all over it... well unless they thought it was Dan that did it Again... JMO

Ohh that makes sense now, yes, thank you!!! No I wasn't saying anyone was lying. A lot of faulty memories in this case though lol!

 

[Karinna]

I'm not going to relist the testimony from the PT cellphone and phone experts because it has been posted here in the trial records and repeated by @missy1974. Read what the experts said, including on cross, and form your own opinion. Too many sleuths are listening to what others are saying (based upon the Prelim) instead of researching the witness testimony and making their own informed decision. Then the same incorrect information is posted repeatedly rather the the proven facts.

BBM, And IMO there is nothing wrong with that. A Prelim./Evidentiary hearing is important and part of the Court records i would imagine. It's where it determines on evidence presented whether there is enough to take the case to Trial or not. It is a vital part of the police investigation as well to determine who was responsible for such a heinous crime.

 

[Karinna]

I don't think there was any money 'missing', but I could see Joey worrying about money being taken or his account being frozen because of it. I also don't think Mike would lie about that (maybe mistaken about the day it happened), so this seems like a reasonable explanation to me. But again, JMO. I think if there was any money missing (previous to the 2nd), the prosecution would have been all over it... well unless they thought it was Dan that did it Again... JMO

Maybe that's why JM was frantic that day because the bank could of alerted him to suspicious activity on his account/s? Have had this happen myself with my bank if they think something dodgy is going on.
And maybe he did tell his brother about it on what was to be their last conversation, and Mike is not actually misremembering at all about the 1st of Feb. All IMO

 

[missy1974]

Maybe that's why JM was frantic that day because the bank could of alerted him to suspicious activity on his account/s? Have had this happen myself with my bank if they think something dodgy is going on.
And maybe he did tell his brother about it on what was to be their last conversation, and Mike is not actually misremembering at all about the 1st of Feb. All IMO

The first cashed cheque was on Feb 2nd. We have also heard from the fraud investigator at the bank, I believe there would have been a note on his account if there was suspicious activity. I have also had the same happen, something out of the ordinary, and they froze my account until I talked to them.

He very well could have said something on the 1st. But then it would have nothing to do with the cheque that was cashed on the 2nd. It would have been impossible for him to have known before it even happened IMO

 

[Karinna]

The first cashed cheque was on Feb 2nd. We have also heard from the fraud investigator at the bank, I believe there would have been a note on his account if there was suspicious activity. I have also had the same happen, something out of the ordinary, and they froze my account until I talked to them.

He very well could have said something on the 1st. But then it would have nothing to do with the cheque that was cashed on the 2nd. It would have been impossible for him to have known before it even happened IMO

What if the bank called Joey to alert him and see what he wanted to do? What if Joey told the bank he would look into it himself to determine what was going on and requested the bank not to do anything further in regard to the matter seeing as no cash had been transacted at that point?
And consequently he is confronting Merritt about it on the phone?
If a check was cashed on the 2nd. the account was obviously not frozen.
Perhaps Joey was going to get rid of Merritt in that initial time frame and things escalated from there to murder?