CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3

[katydid23]

Quick question: what is the Sidebar that I hear about during the hearings?

when there is an objection during witness testimony, and the judge sometimes calls both sides up to his bench, and they stand to the side, speaking quietly, OFF THE RECORD, out of earshot, and speak/argue animatedly for a minute or much longer....

 

[Edmo]

So basically DK was investigated and interviewed

From the CNN Documentary I watched, near the end the CNN "Anchor" stated they investigated DK's alibi about being in Hawaii. According to CNN, they did in fact verify he was there before, during and after the killings took place, IF TRUE.

 

[Edmo]

Field trip tomorrow for the jury, they will not be in court, and we are not invited!

 

[Edmo]

I think I have maybe been misled by the term "sledgehammer"

For me a sledgehammer is the long handled tool that i use to break down walls. I know this one is short handled, but the weight of the head is not that much - i only just checked it in kg

The murder weapon seems to be in the range of what i would still term a hammer.

It weighs 3 lbs. I assume they bought it so Summer could "handle" it easily during the remodel? That 3lb hammer can also easily kill with a single blow to the head, I have one almost identical to theirs.

 

[oceanblueeyes]

Cathy Russon‏ @cathyrusson 1m1 minute ago
#McStay - Cross exam of Det. Smith. McGee: You didn't think it was relevant to test the key in the victim's pocket to the Isuzu Trooper? Smith: Because it was abundantly clear they didn't drive themselves to the desert, bury themselves, then drive vehicle back to the border.

I have to QUOTE this again.

This is the best reply I have seen any witness give thus far.

Priceless!

 

[oceanblueeyes]

The different track widths prove two different grave runs IMO

It can't be that he just pulled out to find better ground

For me this is a curiosity of the case. Why make 2 runs?

Returning to the gravesite to make sure they were buried? Didnt he sell one of his vehicles shortly after they disappeared?

 

[katydid23]

I have to QUOTE this again.

This is the best reply I have seen any witness give thus far.

Priceless!

True. But I have to say that the defense also came back with a good reply, and might have convinced a juror or two that the detectives were being short sighted. I'd have to listen again to get the quote exactly right---

but they asked in response, couldn't they have driven the Trooper to San Diego, and then run into trouble after the fact?

 

[Edmo]

Returning to the gravesite to make sure they were buried? Didnt he sell one of his vehicles shortly after they disappeared?

The gravesite: I read somewhere that CM actually lived/worked within a few miles from the gravesites. If true, that would explain how he knew to access the desert's "roads" without getting buried/stuck.

Does anyone have a list of his previous work/home locations? I'm sure the Pros has turned over every rock they could find out about him. This is a high profile case, along with a family that was savagely beaten to death.

Ironically, when he was arrested, his residence is less than 10 miles from where I currently live. Truth.

 

[missy1974]

Because of two different runs.

Wet vs dry sand and possibly different weights.

Go drive your truck on the beach in wet and dry sand

You will get a perfect print in the wet sand

I get the same thing with the tractor - in very wet conditions - the print is a lot wider than the tire and raised. That is not driving on sand which is different. On earth, the boggy ground cannot hold the weight and spreads around the tire due to the very high weight.

As @Edmo correctly states, sand is different. Damp sand can better hold the weight. No different than if you walk on the beach from the dry zone into the wet zone.

Ok, so we are going with, he went there 2 times? Or that the one time he was there, he backed in... moved... backed in again? Why would he do that?

I understand that different conditions are going to create different marks, I don't know if they are going to create different tire width's though? I am hoping that somewhere along the way, we hear an 'expert' or someone that can explain this to the jury (and us)

I am still listening to the testimony. FYI.. the feed even stops on rewind LOL sooooo annoying!

 

[Tortoise]

True. But I have to say that the defense also came back with a good reply, and might have convinced a juror or two that the detectives were being short sighted. I'd have to listen again to get the quote exactly right---

but they asked in response, couldn't they have driven the Trooper to San Diego, and then run into trouble after the fact?

I think it defies ALL common sense that they would leave the dogs outside, and that Merritt would be backdating cheques to the date they disappeared, plus there's the wet paint on the bra...which didn't happen in San Ysidro. Plus no cell phone activity. Etc etc.

 

[Edmo]

Ok, so we are going with, he went there 2 times? Or that the one time he was there, he backed in... moved... backed in again? Why would he do that?

I understand that different conditions are going to create different marks, I don't know if they are going to create different tire width's though? I am hoping that somewhere along the way, we hear an 'expert' or someone that can explain this to the jury (and us)

I am still listening to the testimony. FYI.. the feed even stops on rewind LOL sooooo annoying!

IMO, CM lowered the air pressure in his rear tires in order to have more traction in the sand. When you lower the air pressure, your tires will widen out. We are talking just over an inch on each side. I say the rear because those are the tires that actually "drive" the truck. Just an opinion. I have done this many times in my truck/rv when visiting Glamis (Sand Dunes for Offroaders), to keep from getting "stuck" in the sand.

Also, SB County is largely desert. If ANY LE agency in our nation would be "experts" in tire impressions in sand, it would be them, IMO. I'm curious to find out their "theory" as well.

 

[Emi]

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 3h3 hours ago
#McStay - FBI Forensic Examiner, Diana Wright is back on the stand. She's still under direct examination. Watch Live: https://lawandcrime.com/live-trials/live-trials-current/charles-merritt/watch-live-charles-merritt-trial-for-murder-of-couple-and-children-2/ …

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Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 3h3 hours ago
#McStay - Wright tested paint samples from the sledgehammer handle & Summer's bra to compare against samples taken from the living room wall and kitchen wall in the McStay home.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - Jury at afternoon recess. Parties are again arguing about prosecution not giving the defense witness names with their addresses.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - McGee says they are receiving reports this week from the prosecution from investigations started AFTER opening statements.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - McGee tells the judge he's going to start asking for sanctions against the prosecution for negative comments against them. "This unprofessionalism is the highest I've ever seen." Judge: "The unprofessional conduct on BOTH sides is the highest I've ever seen."

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - Judge: My patience is wearing thin.

 

[oceanblueeyes]

True. But I have to say that the defense also came back with a good reply, and might have convinced a juror or two that the detectives were being short sighted. I'd have to listen again to get the quote exactly right---

but they asked in response, couldn't they have driven the Trooper to San Diego, and then run into trouble after the fact?

Imo nobody is going to believe they traipsed off to Mexico when Summer had paint on her bra and had bleached sweatpants on.

Imo, All of these things had to have occurred in their home on the 4th where the matching wet paint was located and then they were transported to the desert in an area CM knew well and then they were buried.

Good night everyone. It's been a great discussion.

Imo

 

[missy1974]

I'm watching the cross exam of Smith right now...

Does everyone think they measured those tires properly? lol

I mean... we know that the tires must have sunk into the ground to leave those depressions, right? And they are measuring from where the tires meet the ground, but they are on cement.

ETA a word to make it make sense lol

 

[Tortoise]

Ok, so we are going with, he went there 2 times? Or that the one time he was there, he backed in... moved... backed in again? Why would he do that?

I understand that different conditions are going to create different marks, I don't know if they are going to create different tire width's though? I am hoping that somewhere along the way, we hear an 'expert' or someone that can explain this to the jury (and us)

I am still listening to the testimony. FYI.. the feed even stops on rewind LOL sooooo annoying!

What if he pumped the tires at some point after leaving the first grave, as it rained more and the ground got boggier and he worried about getting stuck?

 

[Emi]

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - Det. Ryan Smith now on the stand. He sits at prosecution table each day as is customary for lead detective.

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Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - After the trial started, on Jan 15, 2019, Det. Smith took the keys found in Joseph McStay's pocket and tested them on the Isuzu Trooper. He said the key worked on the door and ignition.

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Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - Det. Smith admits the key was never tested until after trial started because it "fell through the cracks."

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[KALI]

Love THIS! Bet that got the jurors attention!!!

Cathy Russon‏ @cathyrusson 1m1 minute ago
#McStay - Cross exam of Det. Smith. McGee: You didn't think it was relevant to test the key in the victim's pocket to the Isuzu Trooper? Smith: Because it was abundantly clear they didn't drive themselves to the desert, bury themselves, then drive vehicle back to the border.

 

[missy1974]

What if he pumped the tires at some point after leaving the first grave, as it rained more and the ground got boggier and he worried about getting stuck?

I've just gone to wunderground to see how much rain they got that day. It says 0 for the 6th and the week leading up to it. It is Victorville, right?

Weather History for Victorville, CA | Weather Underground

 

[Emi]

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - Smith said there were two Chateau brand padlock keys. One found in front pocket and one with the group of keys in back pocket. Smith said Chateau is a lock company commonly found at storage sheds/facilities.

0 replies0 retweets1 like

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - Det. Smith said this photo of Merritt's truck was taken in August of 2014. Merritt no longer owned the truck. They tracked it down and took photos, measurements.

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Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - Measurements of the front and rear tires on the truck Merritt used to own was 73 inches. One of the sets of tire tracks at the grave sites was 73 inches wide. The other measured 76 inches.

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Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - This comes after the judge already admonished both sides for unprofessional comments:
Imes: Ok, last question....have you ever been to Hawaii?
Det. Smith: No
Imes: Oh, sorry no further questions This was followed by a sidebar.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 1h1 hour ago
#McStay - Cross exam of Det. Smith.
McGee: You didn't think it was relevant to test the key in the victim's pocket to the Isuzu Trooper?
Smith: Because it was abundantly clear they didn't drive themselves to the desert, bury themselves, then drive vehicle back to the border.

0 replies0 retweets0 likes

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 1h1 hour ago
#McStay - McGee: Isn't is reasonable to look at, did Joseph drive that car to San Diego?
Smith: "I'm not sure what you're trying to get at. "
Smith also adds it was clear the key in the pocket was a copy.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 1h1 hour ago
#McStay - McGee asks the detective if he eliminated the idea that they drove the car to San Ysido and they were taken there and deposited in the desert? Smith says that was the investigation since they were 'missing people'.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 1h1 hour ago
#McStay - Smith: It was them in them in the video (border video)
McGee: How do you know it wasn't them?

 

[Edmo]

What if he pumped the tires at some point after leaving the first grave, as it rained more and the ground got boggier and he worried about getting stuck?

He could have easily had an air compressor in one of the tool boxes. That would allow him to be able to re-inflate his tires, especially if it had been raining/compacting the soil during the first "dig." It doesn't take long for the soil to compact during the rain. I LOVED it when it rained. That meant I had more "grip" on the sand and could go faster across the desert. Plue, it eliminates the "dust" you eat while traveling as well. It's all speculation, but to me it makes sense now.

The murder "timeline" from that website SHOWED it was raining in RC on the 4th. They had actual footage of it raining while going down the freeway.