CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #18

[Karinna]

I'd google Charles "Chase" Merritt...

Yeah and all his AKA aliases. And they're the only ones LE knew about, but there could be more? LOL

 

[Karinna]

I'm sure DK was in Hawaii, sometime or another. I want to see verified evidence of the dates.

We don't need to see it, but the jurors do, IMO.

 

[Texas Red]

We don't need to see it, but the jurors do, IMO.

I agree.

 

[missingm]

Gf giving DK's alibi must be more reliable than CJ giving CM's alibi.

An ex girlfriend with no reason to defend DK is absolutely reliable. CJ had personal attachments to defend Chase. And her alibi has been weak and changing while only having to cover several hours instead of several days.

 

[smr]

An ex girlfriend with no reason to defend DK is absolutely reliable. CJ had personal attachments to defend Chase. And her alibi has been weak and changing while only having to cover several hours instead of several days.

The ex gf could likely have been threatened by DK to do/say what he wanted her to do/say.

 

[missingm]

The ex gf could likely have been threatened by DK to do/say what he wanted her to do/say.

"Likely"? She has shown no fear of DK whatsoever. She hasn't defended him in any other way.

 

[smr]

And as Maline asked Hart, why did he only ask the gf? Why didn't he ask the person with whom DK was supposed to be stay with during his HI trip?

 

[katydid23]

The ex gf could likely have been threatened by DK to do/say what he wanted her to do/say.

Just like CJ?

 

[Karinna]

Excerpt of the DK incident,
(quote)
The defendant was upset and grabbed her by the wrists and dragged her from the elevator, through the hall, to her apartment. She yelled for help. She said the defendant used her keys to enter the apartment and threw her on the couch. She yelled for help but the defendant covered her mouth and told her to be quiet… She attempted to leave through the front door. He grabbed her and carried her to the bedroom. He threw her on the bed and she started yelling for help. He pinned her down and covered her mouth to keep her from yelling. She was afraid and punched and kicked the defendant. She ran to the kitchen and grabbed a knife and fork. She pointed the knife at the defendant but he grabbed it away from her.

She had bruising and scratches on her wrists… She also had a scrape on her right elbow. She did not seek medical attention.

The defendant had scratch marks on his neck and chest and a scrape to the right side of his face.
The records said Kavanaugh told officers that he and his girlfriend had been drinking and that, "She was rowdy and out of hand."

He also told arresting officers that the victim "had taken ecstasy" and that she was having "a bad trip," according to the probation report.

Kavanaugh pleaded guilty in October 2013, in a plea bargain, to felony false imprisonment and was placed on formal probation.

McStay murder mystery: Who is Dan Kavanaugh?

 

[QueenBofOB]

YES. I think Joey was only keeping Chase on as an employee because he needed to get back a lot of the cash that was owed to him by ChAse.

I think Joey hoped to have Chase work some of the debt off by continuing to work on projects, and Joey would write off some of the debts in exchange.

And if Joey told Chase that at some point, it could have triggered a violent reaction, in my opinion.

Maybe some of it was more work around the new house and the $100 check was gas money. How pathetic. A fifty something year old man, couldn't even afford gas. Even after earning $150k+for years.

 

[Force Ten]

CJ did not give him a solid alibi. She has said a few different versions---'we were watching a movie and he said he didn't want to talk to Joey now' then later it was said that he was actually in the bathroom when the call came in.....but she absolutely remembered the call-----then it was 'maybe that was a previous Friday night I was thinking of, not the 4th...'

Same thing with why she didn't answer Chases flurry of calls to her...he was in the office/lobby and not in the apt......so what happened to the ,movie they were all watching?

On a tv he forgot he didn't have.

 

[mrjitty]

So what will satisfy Maline that DK was in Hawaii? The detective said they contacted TSA, reviewed bank records, AND DKs girlfriend said, yep, we were in Hawaii together. Maybe Maline can subpoena the stewardess and question her whether she recalls giving DK macadamia nuts and POG juice during the flight. Or find the cashier that rang up DKs groceries. Or.......

IMO.

Let's face it - if DK were hypothetically on trial for his life, and the key issue at trial was whether he was in Hawaii - there is more than enough here to conclude it beyond reasonable doubt. If he was trying to argue he was really in San Diego based on his IP address, no reasonable jury would accept it.

 

[mrjitty]

We saw snippets of the debit card being used in Hawaii. But we haven't seen the full scope of the dates yet.

<snip>

I would think that if there was no debit card usage in Hawaii during the 4th-6th of February, the defense would have shown that to the jury already.

<snip>

We actually did see this now - although it is quite painful to make out - you have to freeze frame a lot.

I posted the details a way back upthread

He starts out buying a plane ticket beginning Jan. Then has transactions in Hawaii all through Jan and into feb including 2,3,5,6 and 8 Feb and at least until the 12th there are Hawaii transactions.

A charge for an airticket then goes through on 17th feb - so presumably he left that day, or maybe a day or two earlier depending on how long the charge took to come thru.

CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #18

 

[mrjitty]

So thanks to @Tortoise 's opening statement transcripts its clear for all to see how Maline tried to play the Jury with the DK conspiracy

Maline plainly lied by omission in his opening. He has had all the additional alibi info for years - he got it via discovery. He just casually fails to mention all the flight and transaction and phone records, instead focussing on sensational material he hasn't even produced at trial.

Clearly the prosecution made the tactical decision not to focus on DK in evidence in chief - leaving a hot stove for the defence to put their hand on.

What's perhaps most fascinating is how this allowed the conspiracy to fester - "we've never seen evidence of a solid alibi for DK" - long after we actually began to see it.

So who shall we now believe?

The State who were truthful about the state of the investigation against DK?

Or Maline who has plainly lied about it from day 1 of the trial?

 

[Tortoise]

Let's face it - if DK were hypothetically on trial for his life, and the key issue at trial was whether he was in Hawaii - there is more than enough here to conclude it beyond reasonable doubt. If he was trying to argue he was really in San Diego based on his IP address, no reasonable jury would accept it.

Exactly.

It's just a distraction. Trying to make a theory of the case fit.

He could have sneaked back on a flight that doesn't appear in his bank records.
He could have left his debit card with someone and instructed them to carry on using it in the same way he was using it before he sneaked out.
He could have asked the person who had his card in Hawaii to buy a flight and flight insurance even though he wouldn't be on it, with his signature, and have them send his card over so he could immediately start using it in California.
He could have manipulated photo data or photoshopped himself into a photo on the beach.
He could have threatened the girlfriend to give him an alibi even though she wasn't too scared of him before that to call the police and make a complaint.
He could have prayed that police wouldn't check his cell phone data to see where he was.

He was so careful to set up this alibi (and such a computer whizz!) yet so careless to not try to conceal his IP address in the state of the murders, to carry on using his phone, and to finally confess all just as someone else was about to stand trial for it. A witness who detectives working in conjunction with the FBI did not believe. A witness who the defense aren't calling.

Reasonable?

As for the mountain of evidence against Merritt the DK sideshow is actually perverse given the consequences and the gravity of the case IMO.

No one has even said why the police would want Merritt when they had this other violent guy they could have easily pinned this on, apparently.

 

[oceanblueeyes]

After all the defense's very weak arguments about DK, I see no reason for the state to call him.

Imo, the state has proven through other witnesses DK is an irrevelant character in the murder trial itself against CM. It's just white noise entered by the defense trying to muddy the waters. Imo, the water still remains crystal clear the murderer is CM, and no one else.

If I were the state I would only mention in closing how the DT failed to support their claims about DK. The state shouldn't waste anymore time on it during the trial for there is simply no need for them to do so.

No way, no how is the jury going to believe DK is the killer based on this flimsy so pathetic nonevidence.

As I expected the DT failed to even place DK in CA, much less in Fallbrook on the 4th. It's impossible to prove something that never even happened. That's why the DT failed miserably connecting DK.

Imo, jurors already are aware who has the most vested interest to cover for any defendant, which are family members, and live in partners. Therefore, imo, the jury will omit the inconsistent alibi statements made by CJ,, and CMs sister.

Instead they will go strictly by the timeline of events evidence bolstered with document evidence against CM. Timeline documentation evidence has no biases either way.

The evidence presented on CM activites/actions right before, and after Joey was murdered is enough to find CM Guilty imo.

It clearly shows CM knew the family was never going to return alive, and the reason he knew this is because he had murdered them all.

As we get to the end of this very long journey for justice for the McStay family, I'm more convinced than ever, it will be done with an unanimous verdict of Guilty against CM, the murderer.

Someone posted yesterday mentioned this case is not a complex one. I totally agree, and have said the same many times through out the trial. Its straight forward, and points solely to CM as the quadruple murderer.

Jmo

 

[asyousay]

If the defense generally had anything on DK they would call him to the stand.

 

[mrjitty]

Reviewing the OS again I tend to agree with @Tortoise that Maline is in breach of his duties to the Court

McGee's sections of the opening are far more what I would expect from defence counsel. Using expert testimony to try to create doubt on key issues like DNA, Crime Scene, Cell pings and financials.

Maline's section of the opening is all about the DK conspiracy and Riccobene. He makes multiple statements that are actively deceptive.

I mentioned that after the family disappeared on February 5th Kavanaugh went into Joseph’s PayPal account, took 2000, just swiped it, on February 5th. The total theft, that initial theft, that initial week after the family disappeared was $7900.

This clearly is not true or supported by the evidence & Maline had DKs bank statements since 2016.

Dan Kavanaugh gave San Diego and San Bernardino an alibi. An alibi ladies and gentlemen, and what he said was “I was in Hawaii during that period of time”. That’s what he told San Diego. So, what did San Diego do to check out whether he was actually in Hawaii or not, during that period in February? Right. Nothing. They accepted his word. What he provided them was, he provided to San Diego an online reservation. Anyone can do that. That’s nothing. That is nothing. He gave them nothing else. And they didn’t ask, they didn’t even question it. They just accepted

This clearly is not true yet played even seasoned trial watchers.

Maline himself reveals he holds further affidavits that investigators did check the travel arrangements. And we know Maline had all DK's bank statements since 2016.

This guy is way over the line

 

[mrjitty]

If I were the state I would only mention in closing how the DT failed to support their claims about DK.

RSBM

I would go further and highlight how the defence (i.e the defendant) has been dishonest compared to their Opening Statement.

Credibility is key here - I would compare what claimed vs what the defence actually already knew!

 

[mrjitty]

As one more example - where is this testimony?

MALINE: But remember, blinders are on. Nobody’s asking questions. Nobody. When we started to ask these questions San Bernardino sends out Detective Smith sitting right there, to talk with the landlord in Hawaii that Dan Kavanaugh said he was with. Dan Kavanaugh said “oh you can call Mr Landlord that’s where I was staying in Hawaii in 2010 in February” and when Detective Smith interviewed that landlord that landlord said “no no no no no, Mr Kavanaugh might have been here at some point but he definitely wasn’t here in 2010, if he was here at all it was in 2009”. He has yet to produce a boarding pass that said he was on the plane and flew on it. He’s actually failed to produce a person that has seen him in Hawaii during that period.