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

[Plumeria5]

reminder of 8th from timeline

Mon 8th

7.26 am Merritt’s phone is in Rancho Cucamonga.

7.26 am to 1.31 pm Merritt’s phone off grid for 6 hours.

1.31 pm Merritt’s phone connects in Corona area travelling north.

1.54 pm to 6.31 pm Merritt’s phone is in Rancho Cucamonga.

2.20 pm QB accessed and cheque printed backdated to 4th. He deposits this on 9th.

[unknown time] Merritt makes a 1 hour 47 minute call to QB to get a new version and cancel old.

11 pm Trooper is towed in San Ysidro.

The secretary really messes up this timeline saying that she thinks Chase came into Metro mid-morning.

 

[missy1974]

The secretary really messes up this timeline saying that she thinks Chase came into Metro mid-morning.

The prosecution got her to say she "thinks" it was in re-direct.

 

[thelmadawg]

Dave Jr. made it sound like under no circumstances was CM to be in the building without them and he was not given a key. He said that he or they told Carmen that. But either Carmen forgets that, or I dunno...

To pick up on Texas Red's comment: Carmen doesn't appear to be at home.

 

[missy1974]

I wanted to go back and listen to the prosecution asking about the area code... this is what I got...

That phone number is an 858 phone number? Yes, I believe so 858-717-6508

Do you know where that area code is? no sir

Do you know the area code for Hawaii? no sir

a gap (can see that the video is edited)

so you don't know what the 858 area code number is? no

How bout 808, do you know what area code that's at? No sir

page 583... a short pause... I have no further questions.


I was checking area code 858 right away LOL I thought for sure it was going to be Hawaii!!!!

Del Mar, La Jolla, Poway, (part of) San Diego, Rancho Santa Fe, Solana Beach
858 Area Code: location, cities, map and time zone


808 is Hawaii
808 Area Code: location, cities, map and time zone

 

[Force Ten]

THANK YOU! However... wasn't this sustained and the jury was instructed to disregard?

Yes. I loved the look on Smith's face when Mcgee stated that council needs to control his witness's answers. Like "What did I say?" LMAO. Priceless.

 

[thelmadawg]

for anyone interested, the T-Mobile guy going to the Defense table to look at the computer is at 22:00 of this video. I really wanted to listen to this again because at first I was confused to what he was looking at and why... probably still will be after watching it again haha

I am a bit surprised that the Judge continues to allow the defense to disrupt the cadence of the trial and have witnesses walk over to the defense side of the courtroom. It seems to give the defense an unnecessary psychological advantage some pretty mundane stuff.

 

[Force Ten]

The secretary really messes up this timeline saying that she thinks Chase came into Metro mid-morning.

Well I'm glad that the prosecution clarified for the record that she was "unsure". How could she possibly remember 9 years, or even 4 years later, when a person - morning, mid-day, afternoon - was in the office on a specific day (Feb 8th) unless there was some event that occurred with it?

 

[missy1974]

I think they are missing a video on the L&C youtube page. I can't find the end of Carmen's testimony, from after lunch... am I missing it?

 

[geevee]

Transcribed:

Daugherty: You were asked some questions on Tuesday about the last known contact…um, on contact for Joseph…with…for Joseph Mcstay. Do you recall that line of questioning?
Smith: I do.
Daugherty: Okay and the line of questioning was in regards to the information you had was the last time Joseph Mcstay contacted anyone.
Smith: Correct.
Daugherty: And in your answer you indicated his last known cell phone contact.
Smith: Yes sir.
Daugherty: Um…..would that be the last contact he had, with anyone?
Smith: No…
Daugherty: Explain, please.
Smith: The last person the family contacted was….the killer.

It's small wonder that CA hardly ever live streams trials, it's becoming rather embarrassing.

 

[geevee]

I think they are missing a video on the L&C youtube page. I can't find the end of Carmen's testimony, from after lunch... am I missing it?

Addi might still be working on it, maybe it needed more editing than the others from the day.

 

[cobalt sky]

Elva testified that Chase used some of the pumps that were meant for Joey's fountains. She said she told Joey, Joey continued to do business with Chase until he was killed. She said that one time when Chase couldn't make payroll, he told Joey a fountain was finished so he could get paid (to pay his employees), she then said that she talked to Joey and told him where the project was at and it wasn't completed, Joey still paid Chase and continued to do business with him.

RSBM

I have a feeling that the Pros is going to call everyone they can find to testify about how Chase repeatedly "ripped Joey off". But how will the jury interpret that testimony? Chase had been "ripping Joey off" (I put this in quotes because Joey is not here to clarify for us what their business and financial arrangements were) for years but Joey continued to not only work with him but sing praises of him. So when Chase "ripped Joey off" by creating that check for himself a few days before the 4th, why would I expect Joey to freak out and fire him/report him to LE? And in fact, there is absolutely no evidence whatsoever that I have seen thus far that shows that Joey thought Chase ripped him off, or that he planned to fire him, or planned to report him to LE, or that he was even mad at him at all. Instead, Joey didn't change his Quickbooks password, he didn't ask his bank to hold his account, he didn't call Summer or his Dad or Mom to complain about how angry he was with Chase. Nope, he drove all the way up to RC to have a 2-hour Chick-fil-A lunch with that dastardly Merritt who once again "ripped him off".

I don't mean to make light of a very serious case but "ripping Joey off", if true, was just kinda their thing. For whatever reason. I wish Joey were here to explain it. All I know is that a jury might be asking themselves, why would this man Joey continue to work with this guy who was constantly ripping him off? Some jurors might even wonder if there was more to the business than just fountains. Or they might be so confused right now they don't know WHAT to think!!

To be clear, I still think CM could have killed the family, but I just don't agree with the Pros motive. I think something else happened that day.

 

[dlk1949]

We don't know for sure they met at Chic Fil-A, we don't know much about WHO knew about the "ripping off," but I believe the Pros has much we don't know and it will be worth the wait. JMO

 

[geevee]

Here's a screenshot from the video at 1:06:52, the headlights of a vehicle coming down the road just before the McStay house:

11 seconds later, a vehicle pulls out of the McStay driveway:


Here are views left and right of the McStay driveway, the space to the (our) left is too small to park in and not impact the neighbor's driveway, much more room on the right of the driveway for Joey to park:





So if Joey made it home that day, where is the Isuzu?

 

[Edmo]

Is it just me?
What I see/hear is BOTH the prosecutors and the defence meandering ALL over the place.
WS members here on this forum have put together better timelines then any of these lawyers.
These prosecutors should have the scenario of what LIKELY went down and definitive evidence to back up their claims.
NOW. Not in a wrap it up closing statement. Right now And then repeated in their closing statement.
This is 2019. They should have a great powerpoint presentation. Putting all the evidence in a logical way.
Now.
Not as a last gasp at closing.
All of these tidbits from witnesses is only showing that Chase Merritt was a slime that you should not do business with.
Prosecutors need to put the puzzle together and present it.
Let the defence refute.
An entire family was brutally murdered over Chase Merritt's stealing and fear of the 3 strikes your out law in California at the time.

Why the hell are these prosecutors NOT bringing this up?
It's so damn obvious to me.

I believe they WILL tie it all together once the SBSO Investigators start testifying. THIS is where the actual murder Inv starts abd hey will be able to tie down certain dates/times of what EXACTLY happened in this case, IMO

 

[fridaybaker]

RSBM

I have a feeling that the Pros is going to call everyone they can find to testify about how Chase repeatedly "ripped Joey off". But how will the jury interpret that testimony? Chase had been "ripping Joey off" (I put this in quotes because Joey is not here to clarify for us what their business and financial arrangements were) for years but Joey continued to not only work with him but sing praises of him. So when Chase "ripped Joey off" by creating that check for himself a few days before the 4th, why would I expect Joey to freak out and fire him/report him to LE? And in fact, there is absolutely no evidence whatsoever that I have seen thus far that shows that Joey thought Chase ripped him off, or that he planned to fire him, or planned to report him to LE, or that he was even mad at him at all. Instead, Joey didn't change his Quickbooks password, he didn't ask his bank to hold his account, he didn't call Summer or his Dad or Mom to complain about how angry he was with Chase. Nope, he drove all the way up to RC to have a 2-hour Chick-fil-A lunch with that dastardly Merritt who once again "ripped him off".

I don't mean to make light of a very serious case but "ripping Joey off", if true, was just kinda their thing. For whatever reason. I wish Joey were here to explain it. All I know is that a jury might be asking themselves, why would this man Joey continue to work with this guy who was constantly ripping him off? Some jurors might even wonder if there was more to the business than just fountains. Or they might be so confused right now they don't know WHAT to think!!

To be clear, I still think CM could have killed the family, but I just don't agree with the Pros motive. I think something else happened that day.

A good prosecutor will take all those "ripped Joey off" statements and the fact that he kept doing business with Chase, and paint a picture for the jury during the closing arguments (is that what it's called?) Anyway, the prosecutor's summing up everything for the jury -painting the picture- is so important. If he does his job in this case, it will be: "Joey was a good guy and knew Chase had some financial challenges, as well as the fact that Chase generally did good work, so Joey overlooked a lot.

The breaking point came, though, when Joey realized Chase was actually forging checks, and the "ripping off" became outright theft, to the tune of thousands of dollars. Joey had reached the point where he could no longer be the nice guy, and something had to change. He told Chase the gravy train was over and Chase, realizing it was finally so, exacted his revenge"... He has to walk the jury through it, step by step. We shall see if he can do it.

I don't mean to sound like this is news to anybody here, I guess I'm just thinking about how I want this to go. How I hope this goes.

 

[Edmo]

We don't know for sure they met at Chic Fil-A, we don't know much about WHO knew about the "ripping off," but I believe the Pros has much we don't know and it will be worth the wait. JMO

SBSO Lead investigator said they could prove the meeting took place, even though Chic-Fil-A had terrible records/receipts about that day.

 

[Force Ten]

Here's a screenshot from the video at 1:06:52, the headlights of a vehicle coming down the road just before the McStay house:
View attachment 166975
11 seconds later, a vehicle pulls out of the McStay driveway:
View attachment 166976

Here are views left and right of the McStay driveway, the space to the (our) left is too small to park in and not impact the neighbor's driveway, much more room on the right of the driveway for Joey to park:

View attachment 166977

View attachment 166978

So if Joey made it home that day, where is the Isuzu?

THIS is very telling.

 

[Niner]

I'm going to assume the AT&T guy was the last witness??

Updates in red on bottom of list.

Thursday, January 31st:
*Trial continues (Day 15) (@ 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. Trial started 1/7/19. Dark on Fridays.
Skipping Day 1 thru 6 – reference post #1180 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #2
Skipping Day 7 thru 12 – reference post #1121 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3
1/29/19 Day 13: State witnesses: Elva Fonseca, used to work for Merritt. Joseph Steers, was a detective with SDSD. Diana Wright, FBI forensic examiner. Sergeant Ryan Smith, lead detective. Field trip tomorrow for the jury, they will not be in court. No court tomorrow (1/30). Trial resumes Thursday morning (1/31).
1/30/19 Day 14: Jurors visit Fallbrook house & grave site. Trial continues 1/31.
1/31/19 Day 15: State witnesses: Det. Ryan Smith. Carmen T. Garcia, worked for Metro Sheet Metal from 2007. Michael Dominick Bosillo, works for T-Mobile in Dallas, Custodian Records Testifier. David Lipnitzky, custodian of records from AT&T. No testimony on Monday or Tuesday, Tuesday late morning (~10:30am) they will be discussing motions. On Tuesday they are going to meet & take video depo of Ryan Baker, the customer service rep from Quickbooks. Jury back on Wednesday, 2/6.


Question: Did the jurors go to the Fallbrook house? or just the grave site?

TIA!

 

[ThorJanus]

I have been following this family for so long and I would be interested if anyone in this forum personally know the defendant? Are there any stories of him being violent before the death of this family?

 

[Tortoise]

So Carmen, who dealt with the cheques, can't remember about capitalized names.
OK, it is years ago but it is clear, the Prosecution had not questioned her about this previously.
Couldn't she just look at them to check?
Whether she remembers or not, they have the evidence.
MOO.

Yes, it's clear from the cheques they put on the overhead projector that he used capital letters and the jurors saw it, whether Carmen remembered it or not. So they got it into evidence visually which was their aim.