CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #13

[InspectorGadget]

Yes, I hav a hard time accepting that the daughter was there on movie night, and watched the call come in and be ignored. And that they would fight about it all weekend. Wouldn't he just call JOey back, no harm, no foul? Why a drawn out argument over one missed call?

Yes because Joey never answered Chase's calls again.

 

[InspectorGadget]

Why wouldn’t Joey want to leave a voicemail though that makes no sense as he called him for a purpose so then if you don’t answer then you leave a message?

People tend to behave logically and so many things have to be suspended to make Chase’s story fit. Do you have proof that Joey never left voicemails messages for people he rung and who didn’t pick up?

He was running a business so leaving voicemail messages is the norm!!

Why wouldn’t Joey want to leave a voicemail though that makes no sense as he called him for a purpose so then if you don’t answer then you leave a message?

People tend to behave logically and so many things have to be suspended to make Chase’s story fit. Do you have proof that Joey never left voicemails messages for people he rung and who didn’t pick up?

He was running a business so leaving voicemail messages is the norm!!

I often dont leave a voicemail especially if not urgent & I think the person will call back. It was 8.30 at night so not business hours.

 

[Karinna]

Yes because Joey never answered Chase's calls again.

But at that stage no one knew the McStay family had been murdered either. Well CM probably did, but had to play a game.

 

[asyousay]

I often dont leave a voicemail especially if not urgent & I think the person will call back. It was 8.30 at night so not business hours.

Joey didn’t work 9-5 hours so you don’t know it wasn’t business related and it doesn’t matter as that phone didn’t ring Chase’s end. So this is redundant.

Chase is a liar!!

 

[Tortoise]

Thursday, March 14th:
*Trial continues (Day 32) (@ 9:30am PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt (57/now 60) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance; plead not guilty. DP case.
12 jurors & 6 alternates were finalized on Tuesday (12/11/18). 8 women & 4 men, while the alternates include 4 men & 2 women. Trial started 1/7/19. Dark on Fridays.
See Trial Days 1 (1/7/19) thru 26 (2/28/18) links - reference post #541 here:
CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #12
3/4/19 Day 27: Defense arguing against a clip from CNN to be played in court. Which is "I am definitely the last person he saw"). Judge overrules, it will be played. And about photos of video surveillance allegedly showing Merritt's truck are among the issues currently being argued. State witness: Sgt. Ryan Smith (recalled). DA shows CNN clip. DA rests case. Defense asked for dismissal of all charges. Denied. There is a hearing 3/8 re OSC: Failure to comply to subpoena order (Google & Microsoft) without jurors. Jurors will be back in court on Tuesday, 3/12 to hear last State witness re FARO scan testimony by Eugene Liscio. Pros wanted the defense’s witness list, they hadn't received it.
3/8/19 Day 28: On 2/27/19 Subpoena Records Rec’d from: JP Morgan Chase Bank & Arrowhead Reg. Med. Ctr. 2/28/19 Subpoena Recrds Rec’d from: Cable News Network (CNN). 3/4/19 Subpoena Records Rec’d from: CNN & Google. OSC (Order to Show Cause) Contempt hearing scheduled for 3/11. Trial continues on 3/12 @ 9:30am.
3/11/19 Day 29: Added to court site on 3/26 Other Hearing @ 9:30 AM / 9:00 AM Status of Subpoena Duces Tecum (Microsoft).
3/12/19 Day 30: State witness: Eugene Liscio. He is a 3D forensic analyst. He used FARO SCENE software to analyze the neighbor surveillance video showing a vehicle. The prosecution's case-in-chief is over. Defense will begin their case tomorrow, 3/13. Court only in session 2 1/2 days next week. There are several other days coming up that court will not be in session due to attorney schedules, jury schedules, etc.
3/13/19 Day 31: Judge Michael A. Smith is addressing the jury about Gov. Newsom's moratorium on death penalty, "It has no effect on this phase of the trial. Also don't consider that for any purpose. I will guide you on law." Defense witnesses: Sara Taylor Jarvis, Merritt's daughter. Catherine Jarvis, ex of Merritt's. Trial continues on 3/14.
Schedule for week of 3/18: Mon. 3/18-early finish; Tues. 3/19-full trial day, Wed. 3/20-full trial day, Thurs. 3/21 & Fri. 3/22-Dark; Wed. 3/27-late start, possible whole morning off.

We have some more dates to add to that, and Wed. 3/27 is now definite afternoon only (everything else you have included is correct just needs some additions)

No court (dark):

Mon. 3/25
Tues. 3/26
Thur. 3/28

Mon. 4/1
Tues. 4/2
Wed. 4/3 - court in session morning only

So basically for those having a hard time to follow -

We have almost 3 days of trial next week, Mon - Wed.

There is only one afternoon of court on Weds 27th during the period Monday March 25th - Tuesday April 2nd

Court resumes April 3rd morning only.


The court estimates jury deliberations will begin at end of April.

So starting from Monday next week -

Defense wk 2: Mar 18th to 22nd : 3 days
Defense wk 3: Mar 25th to 29th : 0.5 day
Defense wk 4: Apr 1st to 5th: 1.5 days
Defense wk 5: Apr 8th to 12th : 4 days
Defense wk 6: Apr 15th to 19th : 4 days
Defense wk 7: Apr 22nd to 26th : 4 days
total predicted defense days including 2 days this week = 19 days

Closing speeches? : Apr 29th & Apr 30th

 

[Force Ten]

I often dont leave a voicemail especially if not urgent & I think the person will call back. It was 8.30 at night so not business hours.

According to Chase, there was some form of VM left though. At the time, he told a Mcstay family member that he could hear restaurant sounds in the background. I wonder if there is a record of it actually going to VM.

 

[InspectorGadget]

Joey didn’t work 9-5 hours so you don’t know it wasn’t business related and it doesn’t matter as that phone didn’t ring Chase’s end. So this is redundant.

Chase is a liar!!

Impossible to prove one way or another imo . .

 

[missy1974]

It is a recent picture of him digging a hole in the desert. There had been testimony about the defendant being in very ill health because of heart issues and such. So to see a strong, vital man digging a large hole in the desert dirt is important for the jury to see, in my opinion.

There is testimony about that?

 

[missy1974]

BBM: And?? lol Result of that lie detector test please, IF you know?

sorry LOL she didn't say! Maline asked her a question about her "long" 2014 interview, she made the comment, is that the one where I took the lie detector? lol

After listening to what I did... I wouldn't be surprised if they do play the jailhouse tape and then the defense plays her interview with police. We will see, I'm not sure if they have to put the detectives back on the stand to play the LE interview and tape or not.

 

[missy1974]

Exactly

This is fake testimony and obvious tailoring.

Disgraceful from McGee IMO

Again... SHE said it in a statement previously, just because WE or YOU didn't know about it, doesn't make it untrue. This isn't a "new" statement from her.

I hope McGee can get over your disappointment

 

[missy1974]

I don’t know but I don’t think Maline was happy that she said that. Also very telling that she said “my longest interview with them was right after I took the lie detector test.” To me this is pretty damning just in itself. If the test indicated no deception, seems reasonable that they would probably cut her loose. Instead they turned up the heat and interrogated her immediately afterwards, and I think Maline was trying to get it out of her how rough they were with her during this interview yet she maintained her story about the call from Joey. Would make for a solid argument if there was a shred of corroborating evidence - cough cough phone records - I think that was the purpose of Taylor’s testimony but unfortunately that went VERY badly for the defense todayIMO. Hope the jury caught this!

I hope they play the interview of her with LE

 

[missy1974]

We are being played

There comes a point where the defence case becomes too laughable for serious discussion

This was the point

Have you watched and/or listened to the testimony?

 

[Karinna]

There is testimony about that?

Unless his lawyer was lying?
(quote)
VICTORVILLE, Calif. - The man charged with murdering the McStays, a family of four who disappeared in 2010 and whose remains were found last year in the California desert, has been diagnosed with congestive heart failure, highlighting the need to move forward with a trial quickly, his lawyer said Thursday.

Robert Ponce, an attorney for 57-year-old Chase Merritt, said his client was diagnosed last week and is being treated by jail doctors, reports the Victorville Daily Press.
McStay murder suspect has heart condition, lawyer says

 

[missy1974]

Well let them produce the paid medical bills.

I don't know if he HAD medical bills, or if he PAID medical bills. Part of the reason I don't know is because the prosecution didn't show that and it's probably not their job to, so if they do exist, we should see them. CJ didn't mention them in the testimony from yesterday.

BUT, you would have to agree that the prosecution did NOT give the accountant the cheques that Merritt did write out of his account, RIGHT? This fact seems to get ignored. I don't know if Chase had receipts that also weren't taken into account, and that has yet to be seen.

From testimony yesterday, CJ said that over the years, Chase and her would use cash for supplies, etc, even when she was helping him in the shop. As a family they mainly used cash because of a bankruptcy. I don't think she sugar coated it at all, Chase sucked at managing money, part of the reason why she stopped working in the shop, it caused too much friction.

 

[missy1974]

Well, apparently, the tweet the reporter sent, was worded poorly. Upon listening to the audio, the daughter did not say she saw the call come in. She says she remembers her parents arguing about the call that weekend.

I still think there is more to the story than a missed phone call though.

If you listen to the testimony, it's easier to understand. We don't have Part 1, so I am unsure of how Maline asked the questioned, but it sounds like it might be the questioned that was asked of her more than the answer (based off of what Maline said that they are his words, not hers) TJ says that it was part of the 'conversation' over the next few days because Chase couldn't get a hold of Joey... so her mom would say 'see, you should have picked up the phone' or 'you should have picked it up', etc.

 

[missy1974]

Surely if the caller doesn't want to leave a voicemail, it wouldnt go to voicemail?

 

[missy1974]

Why wouldn’t Joey want to leave a voicemail though that makes no sense as he called him for a purpose so then if you don’t answer then you leave a message?

People tend to behave logically and so many things have to be suspended to make Chase’s story fit. Do you have proof that Joey never left voicemails messages for people he rung and who didn’t pick up?

He was running a business so leaving voicemail messages is the norm!!

He called him ALL the time. It's not like he only called him here and there. I doubt it was the only time that Chase didn't answer and I doubt it would be the only time Joey didn't leave a message as well. JMO

 

[missy1974]

Yes because Joey never answered Chase's calls again.

Right, which would make that last unanswered call 'memorable' and a reason for Cathy to recall it. Especially in the immediate days afterwards. IMO

 

[missy1974]

According to Chase, there was some form of VM left though. At the time, he told a Mcstay family member that he could hear restaurant sounds in the background. I wonder if there is a record of it actually going to VM.

I have mentioned this before too Force Ten... BUT... why do you suppose they didn't have Mike testify about that? Why do you suppose they didn't show a statement to LE about that? Maybe the prosecution could pull up those old "InSessions" posts from Mike... would like to go through a bunch of things that he said back then that have not been part of the trial. JMO

Unfortunately, there are things that we thought we knew that may not have been true at all. The best I can come up with is maybe it was one of the calls later in the afternoon to Chase, maybe Chase said he heard noises in the background? But we haven't even heard a statement about that from anyone, so I just don't know...

 

[missy1974]

Unless his lawyer was lying?
(quote)
VICTORVILLE, Calif. - The man charged with murdering the McStays, a family of four who disappeared in 2010 and whose remains were found last year in the California desert, has been diagnosed with congestive heart failure, highlighting the need to move forward with a trial quickly, his lawyer said Thursday.

Robert Ponce, an attorney for 57-year-old Chase Merritt, said his client was diagnosed last week and is being treated by jail doctors, reports the Victorville Daily Press.
McStay murder suspect has heart condition, lawyer says

This is not testimony from the trial.