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

[mrjitty]

Maybe Maline should just call the witnesses DK and CM to the stand instead of asking other witnesses to speculate

 

[Edmo]

What do you mean by accessed ‘them’? Do you mean ‘it’ the desktop computer? If so how would that be possible, CM’s computer was not networked with JM’s computer?

Windows is Network platform. Example, your home pc is able to log into your work pc across town/state etc, if you know the passcode. My cousin accesses his work pc from home when he needs a document/file etc.

 

[Edmo]

The address for the court is:
247 W Third
San Bernardino, CA

It's a new building with plenty of parking. Be cautious though, it's in a crappy part of town.

Thanks.

 

[Texas Red]

But when LE would contact the airline to confirm this travel (as he'd have no reason to suspect they wouldn't during their investigation) he'd move up on the suspect list for giving himself a false alibi, no?

Also, when he called in the very first welfare check for the McStays, he gave his location as Hawaii, checking the phone records for that call to LE and where it originated would be a simple matter, I'd think.

Unless DK knew they were dead and the phone call he made was him creating an alibi that he was in Hawaii. He may have even used a VOIP proxy they would falsely indicate the call as originating in Hawaii.

 

[Texas Red]

Defendants are never found innocent in any criminal trial.

Its either G or NG. If its NG all that means is the jury felt they didnt have enough evidence to find him G....not that they believe he/she was innocent.

The only way anyone can be found innocent is if they are exonerated later on due to irrefutable evidence showing they are innocent.

That only happens after the defendant has been found guilty in the criminal justice system.

Imo CM if convicted he will never be ruled innocent.

I've never heard of the other standard you post about being innocent.

May I ask what legal site you got that from. That seems more like in a civil trial were it's a preponderance of the evidence threshold which is much lower than in criminal cases. It means more likely than not (49/50) etc the defendant can be found guilty in a civil trial Tia

Defendants are never found innocent in any criminal trial.

Its either G or NG. If its NG all that means is the jury felt they didnt have enough evidence to find him G....not that they believe he/she was innocent.

The only way anyone can be found innocent is if they are exonerated later on due to irrefutable evidence showing they are innocent.

That only happens after the defendant has been found guilty in the criminal justice system.

Imo CM if convicted he will never be ruled innocent.

I've never heard of the other standard you post about being innocent.

May I ask what legal site you got that from. That seems more like in a civil trial were it's a preponderance of the evidence threshold which is much lower than in criminal cases. It means more likely than not (49/50) etc the defendant can be found guilty in a civil trial Tia

I was quoting and then comparing the standard that mrjitty, is using, “IMO there is no serious possibility CM is innocent”, against the US justice system’s standard for determining guilt in a criminal trial.

 

[katydid23]

Lunch break. After jurors released. One atty was scolded by judge for being 20 min late to court for third time. Anyone know which atty it was?

#McStay - Judge sent jury out for morning break. Judge tells Maline this is at least the 3rd time everyone waited for him. Judge explaining to him this trial starts at 9:30 each morning. Maline apologizes, he had a case in front of another judge this AM.

 

[katydid23]

49s50 seconds ago
#McStay - Next witness is Sgt. Armando Avila. He was a detective in the homicide for San Bernardino County at the time the remains were found.

 

[Texas Red]

I think they are the same in this case - a question of semantics.

Reasonable doubt requires a real possibility the defendant did not murder the victims - or in other words, a real possibility he is in fact innocent of the murders.

I believe you have it a little mixed up. Reasonable doubt requires a real possibility the defendant DID murder the victims.

 

[Texas Red]

Agreed

Which is why I said I think it's silly to argue the detectives have not done so.

The defense knows it hasn’t been checked out, otherwise they wouldn’t have asked. Number one rule of criminal defense lawyers, don’t ask a question that you don’t already know the answer to.

 

[geevee]

Here's a larger-screen live stream at L&C that'll make seeing pics and video easier to see (without having to go full screen):

McStay Family Murder Trial WATCH LIVE STREAM | Law & Crime

 

[KALI]

OT. I used to live in San Bernadino. I would not. Now.

The address for the court is:
247 W Third
San Bernardino, CA

It's a new building with plenty of parking. Be cautious though, it's in a crappy part of town.

 

[mrjitty]

I was quoting and then comparing the standard that mrjitty, is using, “IMO there is no serious possibility CM is innocent”, against the US justice system’s standard for determining guilt in a criminal trial.

I don't believe I used a legal standard

I was giving my personal opinion there is no chance that CM is an innocent man being fitted up

 

[Texas Red]

OT. I used to live in San Bernadino. I would not. Now.

Nothing worse than being murdered while on your way to attend a murder trial.

 

[thelmadawg]

What do you mean by accessed ‘them’? Do you mean ‘it’ the desktop computer? If so how would that be possible, CM’s computer was not networked with JM’s computer?

If he had JM's credentials, i.e., username and password, he or Joey could access from anywhere, unless a default pop-up for secondary information appeared.

 

[mrjitty]

I believe you have it a little mixed up. Reasonable doubt requires a real possibility the defendant DID murder the victims.

You have lost me completely now.

And as a recovering lawyer myself I understand the standard of proof pretty well having suffered through a year of crimes 201 at 8am!

 

[Tortoise]

#McStay - Judge sent jury out for morning break. Judge tells Maline this is at least the 3rd time everyone waited for him. Judge explaining to him this trial starts at 9:30 each morning. Maline apologizes, he had a case in front of another judge this AM.

I'd like to see him ticked off for his aggressive style of questioning too. At least I feel pretty sure he isn't doing himself any favors with it.

 

[thelmadawg]

OK, I can't help myself. I've suggested that all the questions about how CM (allegedly) removed the bodies and manipulated the crime scene might be answered by looking to the back of the back yard and the possibility that CM parked on a community access area just behind or adjacent to the fence. Then knocking out a few slats (with a sledge hammer or . . .) makes home access private, easy and steps away. Also handy for removal of all kind of evidence including bodies. Some folks have said CM didn't know anything about that - but

Fox 5 San Diego
POSTED 11:57 AM, JULY 1, 2015, BY SHARON CHEN, UPDATED AT 07:30PM, JULY 1, 2015
"Home video of the McStays with Merritt taken months before the family went missing showed Merritt jumping over a fence and climbing a mountain next to the McStay home. Investigators said the video indicates Merritt was healthy and his injuries were exaggerated to throw the investigation."

I wonder if LE entertained that possibility and checked the fence and the area behind for evidence, tire tracks, etc. Or maybe I'm drumming a lost cause

 

[Emi]

Cathy Russon on Twitter
#McStay - Joe Sequeida continues his testimony from last Thursday. He's under cross examination by Rajan Maline. Watch Live: Watch Live: McStay Family Murder Trial Day 9 Cathy Russon on Twitter

Cathy Russon on Twitter
#McStay - Joe Sequeida from Metro Sheet Metal says Merritt was in charge of the plumbing and electrical on the water fountains. Once the sheet metal was done, Chase would do the plumbing.

Cathy Russon on Twitter
#McStay - Maline: You never worked on any of the fountains Merritt and McStay had, did you?
Sequeida: Yes, all of them
Maline: So if you father told police you worked on none... Objection, sustained.

Cathy Russon on Twitter
#McStay - Maline: You were present at some conversations Dan Kavanaugh with your father?
Sequeida: Yes
Maline: Kavanaugh was calling your father and you and asking what you guys were doing with Joseph McStay ?
Prosecution has made several objections.

Cathy Russon on Twitter
#McStay - Judge sustained prosecution objections about conversations between Sequeida's father and Dan Kavanaugh.

 

[Emi]

Cathy Russon on Twitter
#McStay - Maline: Do you know how it's possible that Chase could go to a store and use a check made payable to Metro Sheet Metal for supplies?
Pros objected, facts not in evidence. Judge sustained.
Maline: You just kind of made that up right?
OBJECTION

Cathy Russon on Twitter
#McStay - Re-direct by Imes: You said the defendant should not be trusted, why?
Sequeida: Lack of experience w/equipment, welding skills were not consistent with what we wanted.
Imes: Any other reason why you didn't trust him?
Sequeida: I just wanted him to do the work.

Cathy Russon on Twitter
#McStay - Judge asking question: The one check you mentioned about Merritt receiving a check from McStay that was supposed to be given to your father, do you know what project that was related to?
Sequeida: No

Cathy Russon on Twitter
#McStay - Sequeida is done. Next witness for the state is John Bluth. Bluth is the motorcycle rider that found the human skull and called police. Cathy Russon on Twitter

 

[Emi]

I am not currently at home and will post them when I get back with pictures.
I got all the tweets covered