CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17

[Mica]

Would DK of spent time with the boys does anybody know?

Excerpt from the message from Joey to the domain admin...

Snip

Having said all the above, Dan has become quite malicious towards me to the point of affecting my family. Please see IM string below.

Snip

It's quite sad, since we considered him like family, w/ my 2 youngest calling him "uncle Dan." I would appreciate your input and any help you could recommend.

Fountains are my life, EIP feeds my family. I can't have EIP disappear off the face of the earth and end up back in a cubicle working for someone else. But, if I have to for me and my family to survive, I will.

I do wish the best for Dan. I will not be malicious as he is being. And perhaps we can work through this or part ways amicably, I don't know.

 

[missy1974]

Yes, helps very much! Thank you!
So interpretation wide open

Again, thank you

IMO yep!

Your welcome

 

[mrjitty]

That's just the basic customer bill, where's the tower/ping info? Where's the"forensic" breakdown? Are they NOT showing it because it shows information they don't want known?

It doesn't even show where the call originated on either end.

That's a totally stripped down call log. Our call logs we access online for our cells show locations at both ends. We don't have VPN. I know there was another log of Dan's they showed. Why didn't they dissect Dan's calls like they did CM's?

ATM's have video capture.

Airlines have manifests, security video, and ID requirements.

His Hawaii landlord didn't see him? Bring him in. But if a person is in Hawaii surfing, they're going to be sleeping on the beach instead of packing up and high tailing it back home every night. My brother and his friends did that for years before he permanently moved there.

Put his Paypal debit card in someone else's possession.
<modsnipped>

It's almost as if they don't want the answers

 

[asyousay]

Excerpt from the message from Joey to the domain admin...

Snip

Having said all the above, Dan has become quite malicious towards me to the point of affecting my family. Please see IM string below.

Snip

It's quite sad, since we considered him like family, w/ my 2 youngest calling him "uncle Dan." I would appreciate your input and any help you could recommend.

Fountains are my life, EIP feeds my family. I can't have EIP disappear off the face of the earth and end up back in a cubicle working for someone else. But, if I have to for me and my family to survive, I will.

I do wish the best for Dan. I will not be malicious as he is being. And perhaps we can work through this or part ways amicably, I don't know.

No wonder Joey was so stressed towards the end of his life as he was always so kind and generous and yet people never did the same in return. It’s really sad that his kindness was never returned and he was surrounded by such rotten people.

 

[geevee]

The SODDI defense 2.0 is a variation on that theme; here the accused presents evidence to show that the police failed to diligently investigate the guilt of a third party who plausibly committed the charged crime.

BBM and RS for focus

How is it plausible that DK committed the crime if he was in Hawaii at the time? I don't think it's plausible that he gave someone his debit card to run around Hawaii charging things so he could scoot off to CA, kill an entire family, bury their bodies and fly back without leaving a trail.

And who was his accomplice that was doing all of the debit card charging while he was murdering? No one we've heard tell of.

That's simply not plausible.

 

[asyousay]

BBM and RS for focus

How is it plausible that DK committed the crime if he was in Hawaii at the time? I don't think it's plausible that he gave someone his debit card to run around Hawaii charging things so he could scoot off to CA, kill an entire family, bury their bodies and fly back without leaving a trail.

And who was his accomplice that was doing all of the debit card charging while he was murdering? No one we've heard tell of.

That's simply not plausible.

He also wouldn’t need to remove the bodies as he already had a alibi in place.

 

[la2cabo]

CM was not charged with Special Circumstance (1) The murder was intentional and carried out for financial gain as you stated in your post.

According to the Charges listed on the Court Portal, CM was charged under Penal Code 187 A and 190.2 A (3). The number 3 in the Penal Code represents the Special Circumstance. There is no Charge for Special Circumstance 1 listed on the Portal.


190.2.
(a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility of parole if one or more of the following special circumstances has been found under Section 190.4 to be true:

(1) The murder was intentional and carried out for financial gain.

(2) The defendant was convicted previously of murder in the first or second degree. For the purpose of this paragraph, an offense committed in another jurisdiction, which if committed in California would be punishable as first or second degree murder, shall be deemed murder in the first or secon

(3) The defendant, in this proceeding, has been convicted of more than one offense of murder in the first or second degree.

What is the case number for State vs Merritt? Tia

 

[missy1974]

BBM and RS for focus

How is it plausible that DK committed the crime if he was in Hawaii at the time? I don't think it's plausible that he gave someone his debit card to run around Hawaii charging things so he could scoot off to CA, kill an entire family, bury their bodies and fly back without leaving a trail.

And who was his accomplice that was doing all of the debit card charging while he was murdering? No one we've heard tell of.

That's simply not plausible.

That can be your opinion, but it's clear to me that not everyone shares that opinion. I know that you are active in the L&C chat, I am sure you have read some of the same comments there that I have, and I think you would agree that not everyone shares that opinion?

But that's what the defense is presenting IMO and they are hoping that there isn't 12 of you on the jury

 

[la2cabo]

Personally I think the reason for the lack of financial crime charges is due to the statute of limitations. As we know there is no statute of limitations for homicide, however, there is for most every other crime imaginable.

 

[wary]

Personally I think the reason for the lack of financial crime charges is due to the statute of limitations. As we know there is no statute of limitations for homicide, however, there is for most every other crime imaginable.

Very good point.

And even if they might have been able to charge under some “limitations time doesn’t start to run till the crime is discovered” rule, they might have made a strategic decision to not clutter up the case with trivialities.

 

[Bernina]

Excerpt from the message from Joey to the domain admin...

Snip

Having said all the above, Dan has become quite malicious towards me to the point of affecting my family. Please see IM string below.

Snip

It's quite sad, since we considered him like family, w/ my 2 youngest calling him "uncle Dan." I would appreciate your input and any help you could recommend.

Fountains are my life, EIP feeds my family. I can't have EIP disappear off the face of the earth and end up back in a cubicle working for someone else. But, if I have to for me and my family to survive, I will.

I do wish the best for Dan. I will not be malicious as he is being. And perhaps we can work through this or part ways amicably, I don't know.

To get an accurate "read" on that, you would also have to link the entire IM between Dan and Joey. It also happened a year prior to the murders.

 

[la2cabo]

Very good point.

And even if they might have been able to charge under some “limitations time doesn’t start to run till the crime is discovered” rule, they might have made a strategic decision to not clutter up the case with trivialities.

I agree. I think the State was looking at the bigger picture.

 

[missy1974]

Very good point.

And even if they might have been able to charge under some “limitations time doesn’t start to run till the crime is discovered” rule, they might have made a strategic decision to not clutter up the case with trivialities.

There would have been no cluttering up done IMO A lot of what they presented was evidence surrounding the QB's entries, the cheques, the bank records of Merritt. Not sure there would be any other evidence that they could have or would have had to present to prove whether he was guilty of theft or fraud. JMO

 

[missy1974]

To get an accurate "read" on that, you would also have to link the entire IM between Dan and Joey. It also happened a year prior to the murders.

I don't think Mica was sharing that for any other reason than to show where the "Uncle Dan" came from. JMO

 

[Bernina]

I agree. I think the State was looking at the bigger picture.

Can you imagine what a "cluster" this trial would be if CM was charged with every illegal action it has been claimed he committed against JM? The jury would be exhausted, the trial would drag on beyond comprehension.
If his previous victims had actually filed reports on his thefts and wrongdoings, he would have already been cooling his heels in a prison. It's similar to a rapist or pedophile, unreported by victims, who continues to prey on new victims.
I'm really surprised one his previous victims didn't bust his kneecaps, guess he sized them up before he fleeced them. JMO.

 

[wary]

There would have been no cluttering up done IMO A lot of what they presented was evidence surrounding the QB's entries, the cheques, the bank records of Merritt. Not sure there would be any other evidence that they could have or would have had to present to prove whether he was guilty of theft or fraud. JMO

Prosecution has to argue it, defense argues it, jury has to deliberate whether he’s guilty of those financial crimes beyond a reasonable doubt, jury has to study the definitions of those financial crimes. Tons of clutter, in my opinion.

And, the pro CM people would, beyond the shadow of a doubt, (in my opinion, of course,) be saying nonstop: “If the prosecution really thought he was guilty of murder, they wouldn’t be wasting energy on relatively unimportant things like this! Ha ha ha!”

 

[Karinna]

What is the case number for State vs Merritt? Tia

Would this be it?
THE PEOPLE OF THE STATE OF CALIFORNIA,Plaintiff vs.Charles Ray Merritt ,aka Charles Ray Mandel,aka Charles Ray Morritt,aka Chase Meredith Defendant
DA CASE NO 2014-00-0058329

http://www.sbcountyda.org/Portals/8/HighProfileCases/Charles Ray Merritt.pdf

 

[Karinna]

Can you imagine what a "cluster" this trial would be if CM was charged with every illegal action it has been claimed he committed against JM? The jury would be exhausted, the trial would drag on beyond comprehension.
If his previous victims had actually filed reports on his thefts and wrongdoings, he would have already been cooling his heels in a prison. It's similar to a rapist or pedophile, unreported by victims, who continues to prey on new victims.
I'm really surprised one his previous victims didn't bust his kneecaps, guess he sized them up before he fleeced them. JMO.

Yes exactly.

 

[travelbug]

Thank You, I vaguely remember that now you mention it. I just hadn’t heard of him being around the new house at all.

I don't know if he had even been at the Fallbrook house, but prior to their move, he frequently "hung out" with JM, SM and the boys at their beach apartment.

 

[Karinna]

I don't know if he had even been at the Fallbrook house, but prior to their move, he frequently "hung out" with JM, SM and the boys at their beach apartment.

I read that JM & DK first met in 2001, and were part of a group of surfing buddies at the time.

 

[asyousay]

So when are we going to hear about Dan’s confessions to his ex girlfriend as are they not closing next week?

 

[Karinna]

So when are we going to hear about Dan’s confessions to his ex girlfriend as are they not closing next week?

Not sure that would be a wise move on the DT's part? That could backfire badly on them, IMO.