CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #2

[Mony Mony]

Oh gosh, if the prosecution puts that crack pot on the stand, they are finished. Nothing good can come from that.

 

[geevee]

I can't wait to hear the testimony about the Quickbooks. I am looking forward to actually seeing these transactions and having someone, other than lawyers or cops, explain them to us and hopefully we get lots of questions answered.

Same here Missy, also looking forward to hearing from the people Joey talked to at Union bank on his two calls.

 

[InspectorGadget]

- 9 - PROSECUTOR'S OPENING SPEECH

QUICKBOOKS

So San Bernardino county sheriffs took over the investigation because the bodies were located in SB county. They began work, essentially they formed a team made up of individuals from another homicide team and they were placed on this case to investigate only this case. And they did it for over a year. And they learned some interesting things about what had occurred on the 1st thru the 3rd of February. They obtained Joseph’s QuickBooks records. Now if you’re not familiar with QuickBooks you will be by the end of this. QuickBooks is a online basically ledger. You can create cheques, you can create invoices, you can add cash payments, you can do all sorts of things and it shows up on a ledger.

Joseph had two QuickBooks accounts that were associated with each other. One for the prefabricated fountains, one for the custom fountains. The custom fountains was relatively new, there aren’t a whole lot of entries, but it had been going on for about a year, a year or two, on the custom side. And the prefabricated side went on a lot longer.


FEBRUARY 1ST

They looked at Joseph’s QuickBooks records and what they found was on February 1st his QuickBooks was accessed. Remember during the course of the defendant’s interview and he said Joseph brought me cheques and I said wait a minute three days earlier he was already writing cheques, this was what they found.

They found that within 42 minutes of receiving that email from Joseph ‘hey I’ve overpaid you $42,845’ within 45 minutes within that hour Joseph’s QuickBooks was accessed. At 12.24 pm on February 1st – this was not done from any of the computers seized from the McStay residence – a vendor was added, charles merritt, all lower case. Joseph McStay when he entered a business or a person would always capitalise the first letter properly, of the words. charles merritt was added as a vendor at 12.24 on February 1st. What’s also interesting is that for a person familiar with the program they would know that Charles Merritt properly capitalised was already a vendor and would simply be a pulldown menu, pulldown entry into the records.

A cheque was created at 12.34 for $2,500 to charles merritt. Another cheque was created on February 1st for $2,500 to charles merritt at 12.37. The second cheque was printed and then deleted. Now what happens when you delete a cheque on QuickBooks is it won’t show up on the ledger. So if you deleted the cheque it’s not going to show up cheque number blah blah, where it will show is in the account activity, that all of this activity happened. A cheque was printed and deleted – the first cheque that was created was no. 4093 the second cheque was no. 4092, this one was for $2500 – that cheque was deleted.


FEBRUARY 2ND

Neither of those cheques were cashed or deposited but the next day someone logs in to Joseph’s QuickBooks accounts, to EIP’s QuickBooks accounts – it’s not from any of the McStay’s computers – and two cheques are added to guess who, charles merritt, printed and deleted. On the custom side of the account Joseph had never deleted a cheque. Not only did he properly capitalise names he had never deleted a cheque. But on February 2nd on the custom account, cheques were deleted. That was a cheque for zero dollars, that cheque was printed then was deleted, and then there was another cheque for $2,495, that cheque was printed and deleted, and that same day February 2nd was cashed at Union Bank - this is the cheque here in the lower half (shown on screen).

Now what’s interesting about that is the date February 2nd that it was cashed at Union Bank – deposit [?] here SA might mean Saudi Arabia, I should back up they had a project they were going to build a fountain in Saudi Arabia, all lower case on the charles merritt – what’s interesting is on that same date February 2nd that’s the date that McGyver was at the house helping them paint and he left on February 3rd and he couldn’t come back ‘til the 6th and Jos..Summer got mad, they’ll tell you, she was mad, he kept asking her and that’s when he realised they’re not contacting me back, she must really be mad or something happened, but in any event he was there on the 2nd and he [video cuts] on the 2nd, Joseph gave Charles Merritt a handwritten cheque for $100, not a handwritten cheque for $2,595 but a handwritten cheque on February 2nd for $100. That was deposited into a bank account that was created on February 3rd by Charles Merritt.

The large cheque, all lower case charles merritt was cashed. February 4th is the last day the McStays were heard from.

I don't know Quickbooks but do you think they have switched the cheque numbers because surely the computer would print 4092 before it prints 4093

I like DuGal and comes across as a nice honest cop but he just seems like such a lazy arse.

I don't think he was lazy, he was just going by the letter of the law regarding warrants etc.

 

[Force Ten]

Same here Missy, also looking forward to hearing from the people Joey talked to at Union bank on his two calls.

Going back, knowing JM made the calls, I wondered the same. What was the content? Unfortunately it's doubtful the person would remember.

 

[Sharyne]

GW is Gina Watson. She had worked with Joey in the water fountain business, and later became, as I understand it, a beacon light to Patrick McStay into the finances of that business, particularly where Chase Merritt was concerned. Cathy Jarvis is the mother of Chase's three children. I don't believe they were ever married.

Thank you so much. I remember Joey spoke a lot to one of his suppliers, but forgot the name.

I would think the state would have one of their financial/accountant investigators examine the QB and any financial statements. Finances can be very complicated.

Regarding Joey answering his phone on the way home from Summer, wasn't there something about Joey going to pick up some prescriptions or medications?

 

[Sharyne]

Ok, going to have my tea and will be back to do it after.

Tortoise, THANK YOU very much for transcribing the OS!!!

 

[minusfour]

Another thank you to Tortoise, and Emi, for the transcription and tweets.

I've been reading about this case for so long, I really thought I had a good handle on the facts, but I'm finding that not to really be the case.

Was the 47K that CM owed Joey due to remakes of poor work, rather than overpayments? What was the cheque for $100 to CM for? And-Joey telling CM about the 47K-do you think he meant to somehow be reimbursed for this money, do you think he wanted CM to do work to that amount, or do you think it was the bitter end between the two men-as far as Joey was concerned. (We know what CM concluded, his actions shout it) I know there has been some who felt that Joey was firing CM during the lunch meeting, was this due to the shoddy work, or the stolen cheque, or both? If that were the case, do you think Joey was writing off the 47K? (And, if that were the case, why more phone calls?)
Thank you in anticipation of your help!

 

[Niner]

Thursday, January 17th:
*Trial continues (Day 8) (@ 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. Dec. 19 hearing will focus on evidence & details about possible jury visits to the both the desert grave sites & the McStay family home in Fallbrook. Trial to start 1/7/19.
1/7/19 Day 1: Judge will allow live stream of trial. Judge gives jurors initial instructions. Judge not happy with the number of cameras in the courtroom. Opening statements are done. Trial continues 1/8.
1/8/19 Day 2: State witnesses: Susan Blake (Joseph's mother). Michael McStay (Joseph’s brother). Trial continues on 1/9.
1/9/19 Day 3: Prosecutor tells the judge Mike McStay doesn't want to be shown on camera today. Judge denies request. State witnesses: Jennifer Michley (or Mitchley), former Fallbrook neighbor of the McStays, she is now from out of state. Michael McStay. Trial continues on 1/10.
1/10/19 Day 4: State witnesses: Michael McStay (subject to recall). Bruce Carter, He was security for the San Jacinto Shopping Center mall where the McStay's Isuzu Trooper was towed from on the Mexico Border town of San Ysidro. David Jackson. Jackson worked for the last witness. He was a security guard at the parking where vehicle was owed from. Kathleen Conwell, in 2010 she was an animal control officer for San Diego County. Sgt. Michael Tingley, San Diego Co. Sheriff's Office. In 2010, he was a patrol deputy for the Fallbrook area. Trial continues on Monday, 1/14. Will be dark on Fridays.
1/14/19 Day 5: State witnesses: Jeffrey "McGyver" McCargar (he was friends with Joseph & Summer. He introduced them). Det. Troy DuGal, from San Diego Sheriff's office. Tomorrow 1/15 trial will go from 9:30am to 12 noon, as a juror has an appointment.
1/15/19 Day 6: State witness: Ret. Detective Troy DuGal. Trial continues on 1/16.
1/16/19 Day 7: State witnesses: 7: State witnesses: Det. Troy DuGal. Denys Williams, a forensic evidence technician for San Diego County, now retired, since 2014. Trial continues on 1/17.

 

[italianbella]

I just have a hard time believing he had enough time to do this with out anyone's help.

Hi and welcome!

Even the prosecution told the jury in the opening statements that they aren't sure either ;-)

 

[Tortoise]

I don't know Quickbooks but do you think they have switched the cheque numbers because surely the computer would print 4092 before it prints 4093

I don't think he was lazy, he was just going by the letter of the law regarding warrants etc.

I think it's possible they were individually put through the printer by hand, which could allow for any sequence of printing.

There was so much camera interference there are parts of the opening speech that we missed. In particular at one point he says to the jury wtte 'remember I told you Merritt tells investigators Joey took him some cheques, but he was already printing cheques before that' - that section is missing from the Law & Crime video.

What I have been able to put together from the OS about the cheques is as follows:

Joey's top cheque serial number on the chair in the office was #4245

These are the cheques Merritt printed and deleted in the ledger (as per the OS) - not incl. the $4000 cheque printed at the McStay residence on 4th)

Feb 1st
#4093 $2500 (not cashed or deposited - not even sure if this one was deleted because he points out that the 2nd one was)
#4092 $2500 (not cashed or deposited)

Feb 2nd
#no info $0
#no info $2495 (cashed Feb 2nd at Union Bank - clears Joey's bank Feb 4th)

Feb 5th (all backdated to Feb 4th)
#4094 $no info Metro Sheet Metal - held onto until March by bookkeeper
#4095 $no info Metro Sheet Metal - ditto
#4096 $6506 (not deposited or cashed - I think the pros possibly makes an error later calling this #4097)
#4097 $2350 (deposited - again I think the prosecutor maybe makes an error later calling this #4098)

Feb 8th (backdated to Feb 4th)
#no info $no info (deposited on Feb 9th)

 

[mrjitty]

I would think the state would have one of their financial/accountant investigators examine the QB and any financial statements. Finances can be very complicated.

DuGal testified he personally delivered the Quickbooks material to the financial investigation team by hand.

 

[mrjitty]

I think it's possible they were individually put through the printer by hand, which could allow for any sequence of printing.

There was so much camera interference there are parts of the opening speech that we missed. In particular at one point he says to the jury wtte 'remember I told you Merritt tells investigators Joey took him some cheques, but he was already printing cheques before that' - that section is missing from the Law & Crime video.

What I have been able to put together from the OS about the cheques is as follows:

Joey's top cheque serial number on the chair in the office was #4245

These are the cheques Merritt printed and deleted in the ledger (as per the OS) - not incl. the $4000 cheque printed at the McStay residence on 4th)

Feb 1st
#4093 $2500 (not cashed or deposited - not even sure if this one was deleted because he points out that the 2nd one was)
#4092 $2500 (not cashed or deposited)

Feb 2nd
#no info $0
#no info $2495 (cashed Feb 2nd at Union Bank - clears Joey's bank Feb 4th)

Feb 5th (all backdated to Feb 4th)
#4094 $no info Metro Sheet Metal - held onto until March by bookkeeper
#4095 $no info Metro Sheet Metal - ditto
#4096 $6506 (not deposited or cashed - I think the pros possibly makes an error later calling this #4097)
#4097 $2350 (deposited - again I think the prosecutor maybe makes an error later calling this #4098)

Feb 8th (backdated to Feb 4th)
#no info $no info (deposited on Feb 9th)

I guess the cheque number is printed from the QB data and not on the cheque blank?

Also JM was doing cheques from the other QB account, so it makes sense they are not in sequence.

 

[mrjitty]

Another thank you to Tortoise, and Emi, for the transcription and tweets.

I've been reading about this case for so long, I really thought I had a good handle on the facts, but I'm finding that not to really be the case.

Was the 47K that CM owed Joey due to remakes of poor work, rather than overpayments? What was the cheque for $100 to CM for? And-Joey telling CM about the 47K-do you think he meant to somehow be reimbursed for this money, do you think he wanted CM to do work to that amount, or do you think it was the bitter end between the two men-as far as Joey was concerned. (We know what CM concluded, his actions shout it) I know there has been some who felt that Joey was firing CM during the lunch meeting, was this due to the shoddy work, or the stolen cheque, or both? If that were the case, do you think Joey was writing off the 47K? (And, if that were the case, why more phone calls?)
Thank you in anticipation of your help!

I am trying to understand this as well but I don't know where to look in the McStay forum.

As far as I can understand one scam CM had going was not to pay the suppliers and then JM would have to pick up the tab

 

[Tortoise]

I guess the cheque number is printed from the QB data and not on the cheque blank?

Also JM was doing cheques from the other QB account, so it makes sense they are not in sequence.

I think it makes more sense that the serial numbers are already on the cheque. If you look at the two printed on Feb 2nd there is no serial number given but the ones printed on 5th follow on from the ones printed on the 1st. So he must have taken them out of order.

 

[mrjitty]

I think it makes more sense that the serial numbers are already on the cheque. If you look at the two printed on Feb 2nd there is no serial number given but the ones printed on 5th follow on from the ones printed on the 1st. So he must have taken them out of order.

But then how does the QB cheque number relate to the cheque blank number? or is the cheque number data that the user enters by referring to the blank?

be interesting to know the process

I had assumed QB just printed out the whole cheque - i had not realised there were blanks

 

[Tortoise]

But then how does the QB cheque number relate to the cheque blank number? or is the cheque number data that the user enters by referring to the blank?

be interesting to know the process

I had assumed QB just printed out the whole cheque - i had not realised there were blanks

The top cheque on Joey's chair was already numbered.

 

[mrjitty]

I've entertained this. There is a problem with that, Merritt's phone was pinging Rancho Cucamonga while Joseph's was pinging in Temecula or near Fallbrook. Merritt had to been there to answer his phone unless someone else was answering. It's possible but not plausible imo.

Yeah - from what i understood of the Prosecution opening, JMs data does tend to suggest he was heading home.

 

[mrjitty]

You have to go back, he had limited availability to verify anything. I know, it sucks, but what he has stated is truth.

I thought DuGal's testimony was overall not too bad. He was limited in what he could do.

The huge error is the potential blood spatter on the table.

But the key is, when this becomes a proper murder investigation, its different teams and a different level of professionalism.

 

[mrjitty]

What's with the black light. They keep circling back to it.

This is a key piece of Dugal testimony because he said it did not belong to the any of the detectives or specialists

Someone was using it to illuminate surfaces

The implication will be that someone cleaning up a crime scene used it to look for blood, then forgot it.

IMO it is a huge red flag that light.

 

[asyousay]

Just Reading old articles and is this true does anybody know?

Despite the Victorville connection, Joseph McStay's father, Patrick McStay, told CBS News 8 that he has a hard time believing Merritt had anything to do with the murders.

"What does Chase have to gain with Joey gone? Chase isn't going to get the company," said Patrick McStay. "If you recall, Chase took a lie detector test and he passed

I don’t remember reading that before on here. I am just wondering where Patrick got that information from?!