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

[Force Ten]

ok wait.. he was asking Chase for payments? I never heard that at all, do I need to go back and listen? LOL I clearly heard that it was Joey and only Joey that paid the invoices, they knew the money was coming from him, and if it wasn't, he clearly implied that he wouldn't have worked with just Merritt.

It was right before DS's testimony. They didn't include it in the current videos. The defense was arguing that it wasn't admissible. I was watching in bits and pieces but I think the judge overruled the defense.

***Just rewatching the testimony, prosecution did ask him about the missing check. He said it was about a month prior to them going missing. I'm starting to see a pattern. Did Joseph maybe confront Chase about this as well on the 4th?

 

[Force Ten]

I thought todays witnesses were great! It is just starting to get interesting in my opinion.


On another subject, I have been thinking about the day 4th Feb 2010. Summer went shopping at a Ross store as I recall...Something odd to me that stands out (could be just my overactive imagination)...if Summer drove the big green truck where were the kids booster seats? I mean surely you wouldn't let 2 young kids sit in the back just on the normal seats? There were however boosters in the Trooper.

Just a thought ;-)

There were child's car seats.

 

[dak dak girl]

There were child's car seats.

In the Dodge?

 

[Force Ten]

In the Dodge?

Yes

 

[missy1974]

It was right before DS's testimony. They didn't include it in the current videos. The defense was arguing that it wasn't admissible. I was watching in bits and pieces but I think the judge overruled the defense.

I've gone back and just finished listening to his testimony. On direct, he does say that one time when they were looking for payment from Joey, Joey said he gave it to CM to give to them, when Sequieda Sr (the father) confronted CM about it, CM said that he used it to buy materials for a fountain. So it was stated in testimony (after being shown his statement to LE)

but here is my question ... How did Chase cash a cheque that Joey gave him if it was made out to Metro Sheet Metal? IF Joey always made out the cheques?

 

[mrjitty]

So basically CM was ripping off JM by stiffing the suppliers or using JMs inventory on his own personal projects

I guess he needed these 2 Cheques to pay MSM off now JM was dead

 

[dak dak girl]

Yes

Ok. Back to the research for me...

 

[mrjitty]

I've gone back and just finished listening to his testimony. On direct, he does say that one time when they were looking for payment from Joey, Joey said he gave it to CM to give to them, when Sequieda Sr (the father) confronted CM about it, CM said that he used it to buy materials for a fountain. So it was stated in testimony (after being shown his statement to LE)

but here is my question ... How did Chase cash a cheque that Joey gave him if it was made out to Metro Sheet Metal? IF Joey always made out the cheques?

Didn't MSM end up holding those 2 fraudulent cheques?

It would seem to be key testimony because if CM delivered them but they were printed on the 5th that is critical evidence that he is the fraudulent cheque writer

 

[missy1974]

Didn't MSM end up holding those 2 fraudulent cheques?

It would seem to be key testimony because if CM delivered them but they were printed on the 5th that is critical evidence that he is the fraudulent cheque writer

I think they eventually deposited them, but I am not 100% sure on that.

My point is though... if sometime before Joey went missing, and Joey tells MSM that they should have received payment because he gave the cheque to CM to give to them... when CM is confronted by SequiedaS Sr. , Sequieda Jr testified today that he heard CM say that he used it for materials (Sequieda Jr. had to be shown a prior statement to LE to recall that)... but what I am asking is... if Joey is always in charge of the books and always writes the cheques... how did CM cash a cheque that should have been made out to MSM?

We know the above happened before Joey was killed because he mentions that Joey said that CM had the cheque and was supposed to give it to them.

I don't know how they explain the cheques after the 4th, the one's that are backdated, I am just wondering about the above incident before Joey even went missing. I do agree that it might have been another reason for Joey to fire CM or stop working with him, I just want to know how he was able to cash a cheque that wasn't made payable to him.. if he changed the name on it, if he did in fact have some cheques from Joey and wrote his own name on it, etc. I wish the state had just started with all of this info LOL

 

[MsFacetious]

This isn't right or ethical. The defense is absolutely correct. They are entitled to more notice. If they don't get it, there may be a violation of the defendants right to a fair trial.

This is a very appealable issue. We could end up starting all over again here. The judge is totally correct to say they should give more notice and they can email them the freaking names.

How petty of the prosecution to say they can get it from the transcript!
Both sides are just trying to do their job. I hate it when the state doesn't give the information in a timely manner. There is no good reason for that to happen.

There is no good reason to make the other sides job more difficult than it already is. It is often an attempt to get an upper hand or sneak something by without the other side being well prepared for it. That is not how the justice system works.

This really annoys me.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 20m20 minutes ago
#McStay - Defense says they're only getting advance notice of the next day's witnesses at 5pm the day before. Attorney James McGee gives example of prosecutors not telling them when they are calling cell phone expert so they can buy a plane ticket for their own to be present.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 19m19 minutes ago
#McStay - The state witness list given had 184 witnesses on it.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 10m10 minutes ago
#McStay - Judge: you can't wait until the state calls a witness to then want to have a 30 min argument over it" McGee: We didn't receive a witness list from the people - prosecution interrupts - McGee, "I'M NOT DONE TALKING! AGAIN"

0 replies0 retweets1 like

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 8m8 minutes ago
#McStay - McGee: The state gave us a witness list w/184 people. Defense asked them to give names/addresses, etc.. of highlighted witnesses since they weren't calling everyone.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 8m8 minutes ago
#McStay - Defense says they only got the highlighted list 2 weeks ago and still receiving info just this week. "The people have not fulfilled their requirement," sites case law saying prosecution has to give defense this info in a timely manner.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 7m7 minutes ago
#McStay - State: We've given them names at the end of the day for the next day. The problem is the excessive cross examination of witnesses. Scheduling delays occur. I can give him a schedule, it won't be accurate.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 6m6 minutes ago
#McStay - Judge; you can give them the next 3-4 people you intend to call knowing the schedule may change. Pros: we've done that every day.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 5m5 minutes ago
#McStay - McGee - If we're told at 5pm that means we're working with staff on it until 1am at times and no time to consult with our client and that's a problem. I told Mr. Maline he needs to get some sleep. Maline: "I'll just sleep when during Mr. Imes' direct" Laughter.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 3m3 minutes ago
#McStay - Maline: We're not going to apolgize for our vigorous cross examination as opposed to what he's characterizing it as (excessive). Judge: I have no quarrel with def or state taking the time they need for questioning.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 6m6 minutes ago
#McStay - Prosecutor Imes listed off a bunch of names they intend to call next week, "But I guarantee we'll only get through 2 of them." McGee asks for them to email them those names. Imes says they can read it in the transcript. Judge says, you can email them the names.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 1m1 minute ago
#McStay - After about 25 mins of very passionate (yelling, raised voices, interrupted each other) arguments. Court is adjourned until Tuesday. This trial is always dark on Fridays and Monday is a holiday.

 

[missy1974]

@MsFacetious I totally agree! And if CM is guilty and gets convicted, we should all hope that it's done properly so there are no grounds to appeal.

This case feels different than others to me. I am not sure why. We usually expect the defense to try to be sneaky I guess, and here, it feels like it's the prosecutor IMO Just as a quick example... I was reading the preliminary hearing transcripts earlier, I came across a part where they discuss the voicemails and how there were none left by Merritt on Joey's cell phone. Taken at face value, it looks like CM didn't call, didn't leave a message, it appears to look bad for CM... but just this week we heard testimony that there was a block of voicemails that were no longer there, the vm's (excluding 1 or 2)were all from after everyone knew they had 'disappeared'. So someone deleted emails or something happened to them.

 

[mrjitty]

***Just rewatching the testimony, prosecution did ask him about the missing check. He said it was about a month prior to them going missing. I'm starting to see a pattern. Did Joseph maybe confront Chase about this as well on the 4th?

Looks like it.

There seems to be some indication that fraud kicked into high gear once JM started to confront him over the mounting issues?

JM was obviously no mug, and the cashing of the cheque on the 3rd obviously escalated matters from what might be termed as 'taking advantage" to actual theft.

I think JM did not know about the QB aspect at this stage. Maybe he just assumed CM forged a cheque by hand?

 

[asyousay]

The problem I still have is Joey finds this all out and still has lunch with him , there was obviously no big confrontation or people in the restaurant would of remembered and it was lunch time so there is no way in hell they was the only one having lunch in a fast food place.

Then Chase had a criminal record so how can Chase take the risk and let Joey go home and then report him to the police as that’s what the majority would do let’s be honest?

How many people here would accept being ripped off for $$$ when you have bent over backwards to help them out in the past and not go to the police?

 

[mrjitty]

The problem I still have is Joey finds this all out and still has lunch with him , there was obviously no big confrontation or people in the restaurant would of remembered and it was lunch time so there is no way in hell they was the only one having lunch in a fast food place.

Then Chase had a criminal record so how can Chase take the risk and let Joey go home and then report him to the police as that’s what the majority would do let’s be honest?

How many people here would accept being ripped off for $$$ when you have bent over backwards to help them out in the past and not go to the police?

JM was in the equivalent of an abusive relationship. A nice guy getting played.

But JM also seems like a guy who will eventually stand up for himself - see the DK exchanges.

IMO the 4th is the day JM decided to stop being a victim and I think the turning point was when CM escalated from cheating suppliers and begging for money the whole time, to actual theft. I suspect to that point JM justified all this because business was picking up and he felt he needed CM to deliver on the projects. Maybe he felt the downside in terms of extra cost was worth it.

Theft is something else.

But also, he only just found out. He was probably confused and trying to figure out what happened. I am sure CM told more lies.

But I also don't doubt that CM escalated to re-establish his power over JM. That is what sociopaths do.

 

[Niner]

Update in red

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: Det. Troy DuGal. Denys Williams, a forensic evidence technician for San Diego County, now retired, since 2014. Trial continues on 1/17.
1/17/19 Day 8: State witnesses: Denys Williams, retired evidence technician with San Diego Co. She took photos inside the McStay home. David Sequeida, employee from Metro Sheet Metal. Dark on Fridays, continues on Tuesday, 1/22, as Monday the 21st is a holiday.


Oh - I wanted to ask - is DuGal's first name Tony or Troy?? TIA!

 

[asyousay]

I thought it was Tony ?

I had to do a search as to why I thought he was called Tony and this was all I could find. So they must of got it wrong.

A missing San Diego family will be featured on a national TV show Monday evening showcasing their mysterious disappearance. Joining KUSI's Dan Plante on Good Morning San Diego to talk about the McStay disappearance was their brother Mike McStay, mother Susan Blake and Detective Tony Dugal.

 

[mrjitty]

I think they eventually deposited them, but I am not 100% sure on that.

My point is though... if sometime before Joey went missing, and Joey tells MSM that they should have received payment because he gave the cheque to CM to give to them... when CM is confronted by SequiedaS Sr. , Sequieda Jr testified today that he heard CM say that he used it for materials (Sequieda Jr. had to be shown a prior statement to LE to recall that)... but what I am asking is... if Joey is always in charge of the books and always writes the cheques... how did CM cash a cheque that should have been made out to MSM?

My understanding of that incident was that MSM should have been paid by CM as Joey paid CM for the whole deliverable ready to ship including supplier costs.

Instead CM stiffed the supplier.

So then JM had to write a cheque to MSM which he gave to CM to give to them. I think they did get this cheque?

IMO the fraudulent MSM cheques were not because CM wanted to cash them himself, but because JM would no longer be around to pay MSM and CM was such a pathetic crook that he decided to steal these small amounts to pay his own debts.

Again this shows clear guilty knowledge that JM would not be around to pay off the suppliers

That is why the defence has to object to this stuff so furiously.

 

[mrjitty]

Update in red

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: Det. Troy DuGal. Denys Williams, a forensic evidence technician for San Diego County, now retired, since 2014. Trial continues on 1/17.
1/17/19 Day 8: State witnesses: Denys Williams, retired evidence technician with San Diego Co. She took photos inside the McStay home. David Sequeida, employee from Metro Sheet Metal. Dark on Fridays, continues on Tuesday, 1/22, as Monday the 21st is a holiday.


Oh - I wanted to ask - is DuGal's first name Tony or Troy?? TIA!

See LinkedIn

Troy DuGal

Homicide Detective at San Diego Sheriff's Department

 

[Tortoise]

There were child's car seats.

Cathy Russon on Twitter

#McStay - The search warrant included the green dodge truck in the driveway. Inside was a soccer uniform, kids' clothing, no car seats. There was a video camera in the dodge. A Nikon and Kodak camera also seized from inside the home.

 

[Tortoise]

DuGal testifies no car seats in the Dodge

Start at 9.17 in the video -