CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #5

[cobalt sky]

4:18

oh you're right, thank you!!

 

[mom2chloe]

DK is missing? Hmmm... maybe he doesn’t want to testify or maybe he succumbed to CM any of the years prior to his arrest?
If I needed someone to testify on my behalf in a DP case, I would move mountains. Hinky because unless CM is aware that DK is unable to testify due to death or disappearance, why is CM’s defense team so rigorously implying DK is the perp?
I’m not buying it!

 

[missy1974]

Maybe he's not missing but avoiding a subpoena?

Most likely. No doubt he doesn't want to get anywhere near the witness stand.

I think I would too if the defense was gunning for me. Let their defendant clear himself if CM isn't the guilty party.

If he is truly innocent and was actually in Hawaii and has proof of it, why hide? It would be his opportunity to set it all straight. The financial part is most likely past the statute of limitations, so nothing can be done about that if it is.

I just looked at his FB. His last public update/post was on October 25, 2018.

Just a reminder... TR came forward on October 26th Could be a coincidence, and I can only see what is "public".

 

[Force Ten]

DK is missing? Hmmm... maybe he doesn’t want to testify or maybe he succumbed to CM any of the years prior to his arrest?
If I needed someone to testify on my behalf in a DP case, I would move mountains. Hinky because unless CM is aware that DK is unable to testify due to death or disappearance, why is CM’s defense team so rigorously implying DK is the perp?
I’m not buying it!

Well......more than one person has disappeared in this case.

 

[missy1974]

Well......more than one person has disappeared in this case.

Who else?

 

[Bernina]

Going to post this again cuz the quotes deal ate up my info. CM's window to dump the Trooper:

State of California VS Charles Ray Merritt: Part Four - Transcript of Charles Merritt Preliminary

28 Q Okay. Now, turning your attention to February 8th, what
92
1 did your analysis of the defendant's records that day reveal?
2 Well, let me ask you this, 'cause we are, we're drawing
3 near on lunchtime.
4 Between 7:36 A.M. and 1:31 P.M., is there any activity on
5 the defendant's --
6 A Between 7:36 and 1:31?
7 Q Correct.
8 A There is one, one incoming call that goes to voice mail,
9 does not generate a cell tower, though. So, there's no location
10 information.
11 Q Why would that be?
12 A It could have been off, airplane mode, out of range.
13 Q And the phone came back, was it fair to say on 1:31, what
14 was the location of the defendant's cell phone?

20 Q (By Mr. Daugherty) With the call at 1:31, were you able
21 to obtain location data from that?
22 A Yes, sir.
23 Q Where was the defendant's cell phone at that time?
24 A It was in the area of Corona in California.
25 Q Anywhere in particular, were you able to devise?
26 A It's a cell tower near Auto Center Drive and the 91
27 Freeway in Corona.
28 Q And turning your attention to February 9th, 2010 --
93
1 Actually, I do want to back up.
2 On February 8th, you said the 91 and Auto Center Drive in
3 Corona?
4 A Correct.
5 Q Were you able to opine a direction of travel of the
6 defendant after that 1:31 call?
7 A Yes, sir. He hits the tower that I previously mentioned
8 at 1:31, followed by a tower at 1:41 that's further north up on
9 the 15 Freeway.
10 And then at 1:42 he hits a cell tower adjacent to the 15
11 Freeway in Limonite -- near the Limonite exit in Mira Loma,
12 which would indicate a northbound travel, presumably on the 15.

Rancho Cucamonga to San Ysidro is 2 hours, 31 minutes on I-15
San Ysidro to Corona is 2 hours, 16 minutes on I-15. According to the cell towers, he was heading north.
4 hours, 45 minutes to drive from RC to SY then drive back (or take transportation) (+/- a few minutes, doing this in my head) and his cell was inactive on the 8th of February, according to his calls, between 7:36 am and 1:31 pm. 6 hours.

You can Google San Ysidro to "Anytown" in California and there's 3 or more public transports, ie., bus, train, etc.
I think he dumped the Trooper on the morning of the 8th and was headed to the casino............

 

[Bernina]

If he is truly innocent and was actually in Hawaii and has proof of it, why hide? It would be his opportunity to set it all straight. The financial part is most likely past the statute of limitations, so nothing can be done about that if it is.

I just looked at his FB. His last public update/post was on October 25, 2018.

Just a reminder... TR came forward on October 26th Could be a coincidence, and I can only see what is "public".

If I was DK and I didn't kill anyone, I'd have no reason to prove anything unless I was arrested for the crime. LE has already stated they checked out his alibi. I hope the jury won't buy into this "DK did it" that the defense is blatantly throwing out there. I won't. If they had proof, CM wouldn't be their defendant.

 

[Force Ten]

Who else?

Joseph
Summer
Gianni
Little Joseph

 

[missy1974]

Joseph
Summer
Gianni
Little Joseph

well yes...

but I thought you meant someone other than the family disappeared, a witness

 

[missy1974]

If I was DK and I didn't kill anyone, I'd have no reason to prove anything unless I was arrested for the crime. LE has already stated they checked out his alibi. I hope the jury won't buy into this "DK did it" that the defense is blatantly throwing out there. I won't. If they had proof, CM wouldn't be their defendant.

I would be concerned about what implications this could have on the trial and outcome, including appeals. I am not sure I have ever watched or followed a trial where a witness has disappeared, not one that the defense would consider "crucial" to their case anyway.

The only thing that comes to mind is mob type trials lol Where witnesses disappear, but those are on the State side, so they go missing the State may have to drop charges... or is this just in the movies? haha But on the defense side... I dunno? Anyone know of a similar situation?

 

[geevee]

Maybe he's not missing but avoiding a subpoena?

I was going to ask if Maline had subpoenaed him.

 

[ThorJanus]

Ohhhh thank you so much for asking about it! And hopefully we will see it sometimes soon

uhmmm THEY CAN'T FIND DAN?????

If they want to call Dan as a witness, and he can't be found... then what? ugggh I can see that being an issue.

very suspicious about DK unknown whereabouts.

 

[katydid23]

Maybe the defense is hiding him out, because they don't really want him to testify. Maybe they all made a deal, a cash deal. Asked him to lay low, so they could throw his name out there.

 

[Bernina]

Maybe the defense is hiding him out, because they don't really want him to testify. Maybe they all made a deal, a cash deal. Asked him to lay low, so they could throw his name out there.

.....and maybe the defense is just spreading rumors?

 

[QueenBofOB]

EXACTLY! The killer was checking the browsing history from the drop menu, thus the Dinosaur train. He was hoping to find the direct link to the Quickbooks login with the password already put in.

Maybe bookmarked.

 

[Force Ten]

Maybe the defense is hiding him out, because they don't really want him to testify. Maybe they all made a deal, a cash deal. Asked him to lay low, so they could throw his name out there.

Could be. The defense seemed that they were going to have him testify with the leaked info that Dan knew about the $30k gambling debt. I heard through some channels he was to be their star witness. Daugherty talked about different future witnesses the jury would hear from and I don't remember his name being mentioned.

 

[missy1974]

ok... so I've made it through the direct testimony about the devices and internet searches... I had to do a lot of stopping and rewinding, etc. to grab the times and whatever else... I have to say, this did not make a lot of sense on first go, I sure hope they can present this in a more cohesive way down the road. I am not sure if this detective is somewhat of a foundational witness for more testimony later? I am going to try to get through cross again LOL

 

[missy1974]

Could be. The defense seemed that they were going to have him testify with the leaked info that Dan knew about the $30k gambling debt. I heard through some channels he was to be their star witness. Daugherty talked about different future witnesses the jury would hear from and I don't remember his name being mentioned.

I recall cathy russon posting in chat, probably 2 weeks ago now, that the prosecution had him on their witness list, but didn't plan on calling him. I think she spoke to McGee, who said they did plan on calling him. I will say JMO though because unless I went back into all my old posts, I don't know where else to find it ;-)

What I would like to know is... if he is on a witness list, at what point do they subpoena him? Long before the trial starts... ? or when?

 

[MsRyber]

Good catch!

Dinosaur Train was (is) a popular show by Jim Henson. My boys, born just after the McStays were murdered, loved the show from age 2 until say age 5. Lots of merchandise and videos were available around 2010. We had books and puzzles.

 

[Tssiemer]

Same, that's why I thought it must have been Joey (work related), less likely that it was Summer I think

Soooo speaking of... did Summer work?? I don’t remember and a cursory internet search did not help me. All my notes are on a Mac book that the video card died in and I haven’t replaced it yet lol.