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

[missy1974]

Not that I recall. They all seemed pretty thorough. Maybe Boles because there were some things he had limited access to and was the one with the least amount of credentials.

IMO Schroeder (computer) and Weitzman (accountant) also had "flawed" reports. Now, were they flawed because they didn't get it right or were they flawed because they weren't given all the information in the first place? I tend to think the 'flaws' mostly are a result of not getting all the information in the first place.

 

[missy1974]

I've been reviewing and transcribing Ryan Baker's testimony (QuickBooks). I'm not sure if I got a handle on it at the time because it was done over Skype and the audio quality wasn't too good.

Baker is the customer support rep who took the call on Feb 9th asking for the account to be deleted from their servers.

Joey had different email addresses associated with each QB account (which came from Hanke's testimony) - he had contact @earthinspiredproducts.com and custom @earthinspiredproducts.com.

The contact account is where Joey maintained all his records and the custom account is where Merritt wrote and deleted cheques.

When Merritt called on the 9th to get them to delete everything from their servers (a couple of hours before he went to Susan Blake's house) he gave them Joey's custom email address. I was expecting that he may have given them Joey's contact email address to purchase desktop but Rodriguez put this question to him -

P: Ok. So if somebody else had ordered a new version of QB on the JosephMcStay69 @hotmail.com would that information populate over to the custom @earthinspiredproducts.com account?

The upshot of testimony was that the purchase of desktop didn't appear on Baker's screen because a different email address had been used.

I'm pondering some questions -

Why did Merritt use the hotmail email address to purchase desktop?
Would it have even been linked by QB to Joey's eip QB accounts when the call was made to purchase desktop on the 8th?
Why didn't he use his own email/bank card on the 8th? - is it because the bank hadn't issued him a card yet with his new bank account opened on the 3rd?

It's still unclear to me whether QB would have deleted Joey's contact and custom QB's accounts, or just the custom account, if they'd had a response to the emails.

This was devastating testimony for the defense though:

P: Now if somebody puts a desktop version on, there’s also the ability to access that online, is that correct?

RB: That is correct, yes ma’am.

I don't think QB's pro could be accessed online, that is the whole point of moving from online to QB's Pro. That and the subscription fee.

There is more testimony about QB's, on Day 40, Annette Bron, who was a QB's supervisor. I didn't take a whole lot of notes, but I do have a note that someone did click the link and download it eventually. (must be towards the end because it's the last note I have lol)

 

[missy1974]

Apologizing for off topic question, but what materials will the jury have access to during deliberations? Will they be able to see any of these transcripts or do they have to rely on memory alone? The written transcripts here are so powerfully persuasive as to Merrits guilt and would be helpful to pursuade any undecided jurors during deliberations.

They do not get the transcripts, when they were listening the judge made a point of telling them not to make notes on them because they don't get to keep them IIRC.

 

[Karinna]

Apologizing for off topic question, but what materials will the jury have access to during deliberations? Will they be able to see any of these transcripts or do they have to rely on memory alone? The written transcripts here are so powerfully persuasive as to Merrits guilt and would be helpful to pursuade any undecided jurors during deliberations.

 

[Texas Red]

Has Merritt ever admitted it was him on the phone to Quick Books considering he rung on his own number?


ETA - maybe he can blame his “wife” she rung quick books on his phone. DK was blackmailing her and she just had to do what he told her to do.

The defense should ask, where is and what happened to the voice recording of the call? All calls such as this are recorded, if the recording can't be produced, make issue of it 'if it doesn't fit you must acquit'. Concerning the call metadata and phone records, it may have been difficult in 2010 to clone a phone but it wasn't unheard of especially, among them involved in the illicit drug trade.
Phone cloning - Wikipedia

 

[missy1974]

The defense should ask, where is and what happened to the voice recording of the call? All calls such as this are recorded, if the recording can't be produced, make issue of it 'if it doesn't fit you must acquit'. Concerning the call metadata and phone records, it may have been difficult in 2010 to clone a phone but it wasn't unheard of especially, among them involved in the illicit drug trade.
Phone cloning - Wikipedia

I don't think the defense is even disputing it happened lol They are saying only really disputing 'why' it happened or disputing it was for the reasons that the State is saying...

From everything I've heard in the trial... the prosecution says Merritt did all the QB's stuff himself, and then called QB's, ordered QB's pro and wanted to delete the online QB's account. The defense is saying... Joey did the stuff before the 5th, Merritt did the stuff afterwards and ordered QB's Pro, asked about transferring the data from online to the QB's Pro, then asked about deleting the online account or cancelling QB's online. The State says it was to "hide" what he did.... the Defense is saying Joey and Merrritt were doing it to "hide" it from someone (Dan) who was looking at the accounts online.

My only problem with the State saying it was to "hide" what he did... how does it hide the actual cheques that were cashed? They not only went to MSM who put them in the bank, but went to Merritt's bank and then to Joey's bank, so there is record of it regardless of whether it was in QB's or not. Deleting it from QB's didn't do anything at the bank. If it was a cheque ledger, you could erase it, but it doesn't make it not happen lol (I WISH LOL)

 

[wary]

Apologizing for off topic question, but what materials will the jury have access to during deliberations? Will they be able to see any of these transcripts or do they have to rely on memory alone? The written transcripts here are so powerfully persuasive as to Merrits guilt and would be helpful to pursuade any undecided jurors during deliberations.

Follow up:

Title Two Rules

And, so you don’t have to click unless you want to:

Rule 2.1031. Juror note-taking
Jurors must be permitted to take written notes in all civil and criminal trials. At the beginning of a trial, a trial judge must inform jurors that they may take written notes during the trial. The court must provide materials suitable for this purpose.

 

[Karinna]

I don't think the defense is even disputing it happened lol They are saying only really disputing 'why' it happened or disputing it was for the reasons that the State is saying...

From everything I've heard in the trial... the prosecution says Merritt did all the QB's stuff himself, and then called QB's, ordered QB's pro and wanted to delete the online QB's account. The defense is saying... Joey did the stuff before the 5th, Merritt did the stuff afterwards and ordered QB's Pro, asked about transferring the data from online to the QB's Pro, then asked about deleting the online account or cancelling QB's online. The State says it was to "hide" what he did.... the Defense is saying Joey and Merrritt were doing it to "hide" it from someone (Dan) who was looking at the accounts online.

My only problem with the State saying it was to "hide" what he did... how does it hide the actual cheques that were cashed? They not only went to MSM who put them in the bank, but went to Merritt's bank and then to Joey's bank, so there is record of it regardless of whether it was in QB's or not. Deleting it from QB's didn't do anything at the bank. If it was a cheque ledger, you could erase it, but it doesn't make it not happen lol (I WISH LOL)

BBM, We have to remember from SB's testimony that she gave Merritt checks of a total in excess of $15,000. He knew he wasn't entitled to that money and in fact had already been paid by JM and actually owed JM a large sum of money, which of course that debt was wiped once JM was deceased, that the murderer would of known, and could well have been part of the motive for the murders.
You probably know, how much money in total did Merritt get from JM just before and after the murders?

 

[wary]

They do not get the transcripts, when they were listening the judge made a point of telling them not to make notes on them because they don't get to keep them IIRC.

I don’t understand—not to make notes on them? Do you mean some sort of reference notes, like what was said at 10:52 am?

(I agree that they don’t get the transcripts, but I just found the law that sounds as though they can make notes to their hearts’ content.)

 

[Texas Red]

Delete-double post.

 

[Texas Red]

I don't think the defense is even disputing it happened lol They are saying only really disputing 'why' it happened or disputing it was for the reasons that the State is saying...

From everything I've heard in the trial... the prosecution says Merritt did all the QB's stuff himself, and then called QB's, ordered QB's pro and wanted to delete the online QB's account. The defense is saying... Joey did the stuff before the 5th, Merritt did the stuff afterwards and ordered QB's Pro, asked about transferring the data from online to the QB's Pro, then asked about deleting the online account or cancelling QB's online. The State says it was to "hide" what he did.... the Defense is saying Joey and Merrritt were doing it to "hide" it from someone (Dan) who was looking at the accounts online.

My only problem with the State saying it was to "hide" what he did... how does it hide the actual cheques that were cashed? They not only went to MSM who put them in the bank, but went to Merritt's bank and then to Joey's bank, so there is record of it regardless of whether it was in QB's or not. Deleting it from QB's didn't do anything at the bank. If it was a cheque ledger, you could erase it, but it doesn't make it not happen lol (I WISH LOL)

Okay, I wasn't aware that the DT had already stipulated to the contention it was CM on the phone. I was attempting to manipulate the facts to a degree that would illustrate the best strategic argument for the DT. As, Emily Litella, would say, never mind.

 

[la2cabo]

Grrr.

This was what he told DuGal on Feb 17th -


CM: And then talked about QuickBooks…

TD: QuickBooks Online, decided to delete and start QuickBooks Pro 2010, credit card for purchasing QuickBooks,

CM: He gave me the credit card number.

TD: What’s the, do you know his credit card number?

CM: I, you know, I did the QuickBooks Pro, and I threw the credit card, that’s all I needed it for.

[snip]

TD: Was it prior to February 4th?

CM: No, no, no it was 2, 3 or 4 days after February 4th that I actually bought the QuickBooks. Joseph and I sat down and talked about the QuickBooks because Summer um Summer didn’t know how much money Joseph actually made, she never did um and one of, one of Summer’s biggest problems is credit cards I mean she, she was, she spent a lot of money um, she goes to Ross all the time, things like that, so it was, it’s a big thing, it was, it had become a big thing um, with Joseph not letting her know exactly how much money he was making because when she…

Gawd Merritt is such a LIAR! Reading this made me want to reach through the screen and slap the truth in to him. It's so obvious he's lying because he's stuttering and tripping over his own tongue the entire time. Tick tock, tick tock...

 

[Force Ten]

I don't think the defense is even disputing it happened lol They are saying only really disputing 'why' it happened or disputing it was for the reasons that the State is saying...

From everything I've heard in the trial... the prosecution says Merritt did all the QB's stuff himself, and then called QB's, ordered QB's pro and wanted to delete the online QB's account. The defense is saying... Joey did the stuff before the 5th, Merritt did the stuff afterwards and ordered QB's Pro, asked about transferring the data from online to the QB's Pro, then asked about deleting the online account or cancelling QB's online. The State says it was to "hide" what he did.... the Defense is saying Joey and Merrritt were doing it to "hide" it from someone (Dan) who was looking at the accounts online.

My only problem with the State saying it was to "hide" what he did... how does it hide the actual cheques that were cashed? They not only went to MSM who put them in the bank, but went to Merritt's bank and then to Joey's bank, so there is record of it regardless of whether it was in QB's or not. Deleting it from QB's didn't do anything at the bank. If it was a cheque ledger, you could erase it, but it doesn't make it not happen lol (I WISH LOL)

BBM. Because Chase deleted the record of them being written and backdated and was betting (no pun intended) that no one would look that far into the QB. He didn't realize a record for it being deleted would be there. So him cashing the checks dated Feb 4, he thought he was scot-free.

 

[Karinna]

BBM. Because Chase deleted the record of them being written and backdated and was betting (no pun intended) that no one would look that far into the QB. He didn't realize a record for it being deleted would be there. So him cashing the checks dated Feb 4, he thought he was scot-free.

Agree, and he probably never thought he would be caught with what he did. And he didn't get caught for a few years until it all came back to bite him.

 

[missingm]

I don’t understand—not to make notes on them? Do you mean some sort of reference notes, like what was said at 10:52 am?

(I agree that they don’t get the transcripts, but I just found the law that sounds as though they can make notes to their hearts’ content.)

I believe they were told not to make personal notes in their notebooks. The notebooks are taken by the court at the end of deliberations and can be reviewed by the defense and prosecution I believe.

 

[Karinna]

Grrr.

Gawd Merritt is such a LIAR! Reading this made me want to reach through the screen and slap the truth in to him. It's so obvious he's lying because he's stuttering and tripping over his own tongue the entire time. Tick tock, tick tock...

And blaming Summer, What a dirtbag, IMO.

 

[Mony Mony]

What about closing statements? Do they have the same latitude to say anything they want? Can they still keep saying DK did it?

 

[Tortoise]

I don't think QB's pro could be accessed online, that is the whole point of moving from online to QB's Pro. That and the subscription fee.

There is more testimony about QB's, on Day 40, Annette Bron, who was a QB's supervisor. I didn't take a whole lot of notes, but I do have a note that someone did click the link and download it eventually. (must be towards the end because it's the last note I have lol)

He testified that it could and more importantly that was also accepted by the defense.

I've also checked it out by searching up how to access quickbooks remotely - which relates to the desktop version.

 

[Force Ten]

I am 100% certain Chase is guilty now

But having been through the Knox and Pistorius trials I am by no means certain of a guilty verdict.

The defence case has failed to come up to brief. However I wonder if the whole trial has been so flabby that a juror or two will simply throw their hands in the air. The prosecution case kind of lacked a big moment. On the other hand I think the defence really shot themselves in the foot over DK.

meh

I think the Pros had their big moment(s) with The QB stuff, certainly the Baker testimony.

I've spent the past couple of days reviewing the Stuchman (Andy Richter looking dude) testimony and for me there was a major 'Ah ha' moment in cross. Incredibly damning imo. I have to go back to listen to Liscio's testimony to verify some things. I haven't listened to any of it yet. I sure hope the jurors were paying attention.

 

[Tortoise]

I don’t understand—not to make notes on them? Do you mean some sort of reference notes, like what was said at 10:52 am?

(I agree that they don’t get the transcripts, but I just found the law that sounds as though they can make notes to their hearts’ content.)

I think there is confusion about transcripts.

There is a court transcript which is the court reporter typing up every word everyone says when trial is in session.

Then there is the transcript the jurors were handed while they were listening to the recording of his interview with DuGal in case they had a problem hearing. However they are not held to the transcript if they think they could hear something different to what the transcriber heard. Those transcripts they were told not to write on as they were collected up at the end. They could make notes as usual on their own juror notepads.