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

[Tssiemer]

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?

I was twice subpeanoed about 6 weeks in advance. I’ve also known of people to be subpeanoed 1 week in advance.

 

[katydid23]

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?

I have noticed that sometimes Cathy Russon posts in chat on the Law and Crime site, during the trial, and doesn't tweet out all of the posts. Maybe you saw it on there?

 

[missy1974]

I was twice subpeanoed about 6 weeks in advance. I’ve also known of people to be subpeanoed 1 week in advance.

Thanks! So I wonder... a week or 6 weeks before the trial starts? I am just wondering if the prosecution also subpoenaed him just in case they did decide to call him. If they have them on their list, they have at least considered it IMO

 

[missy1974]

I have noticed that sometimes Cathy Russon posts in chat on the Law and Crime site, during the trial, and doesn't tweet out all of the posts. Maybe you saw it on there?

Yep, I am 99.9% sure it was in there. I think I may have copied it and put it in a post. I will maybe search my posts.

 

[cobalt sky]

So a couple thoughts after watching today's testimony, mostly with Det. Schroeder.

2/4 3:03 pm - Joey's cell phone registered activity in RC (call to Merritt), he (or at least his cell phone) is then heading south towards Fallbrook.

2/4 4:18 pm - Joey's cell phone registered activity in Fallbrook (call to Merritt)

2/4 4:56 pm & 5:01 pm - someone via the E-Machine T-2040 computer tower visits sketchup.com (likely Joey?)

2/4 5:47 pm Summer calls Joey's cell phone from her cell phone but he does not answer (I think this is accurate, please let me know if wrong)

2/4 5:47 pm Joey (via his cell phone) has an approximately 3 minute call with Chase

2/4 6:08 pm- someone via the Hewlett-Packard PC M700 clicked a bookmark for "quickbooks online"

2/4 7:56 pm - someone via the E-Machine T-2040 computer tower accesses quickbooks (Joey's account)

2/4 8:28 pm Joey's phone calls Chase's phone, goes to voice mail iirc

I always wondered if Joey actually made it home after the "chick-fil-a lunch" but this new information re: the sketchup.com visit has me think he likely did. It seems like just the kind of site he would visit for his business. So maybe he leaves RC around 3, gets home between 4:30 - 4:55, heads into his office to do some business research. What's strange is Summer's call to him at 5:47. I wonder if during one of Joey's calls with Chase that afternoon, Chase decided to come down to Fallbrook to "go over business" or something and Joey agreed to meet him somewhere. I guess that would explain why Summer would be calling Joey at 5:47, he was out somewhere with Chase. I don't know how the rest falls into place but my mind is trying to sort out this new information lol.

ETA: 2/4 6:08pm "quickbooks online" and 7:56pm quickbooks account

 

[missy1974]

Yep, I am 99.9% sure it was in there. I think I may have copied it and put it in a post. I will maybe search my posts.

found it... or at least a few of her comments about it:

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

Just reading chat on the livestream... Cathy Russon is the reporter in the courtroom for Law & Crime

cathyrusson: Dan Kavanaugh is the only person that said Merritt had a $30K gambling debt

cathyrusson: No evidence of that that I know of

cathyrusson: Everyone I have talked to says there is no proof of what Kavanaugh said about the gambling debt, so I'm waiting to hear it come out in court

In regards to Dan:

cathyrusson: The defense plans to call him. I do not think the state will, just my opinion

 

[missy1974]

Device 4- E-machine T2040 McStay's
Device 5 - HP media center pc m700 McStay's

DEVICE 4 -

Index 1 - intuit - 7:56:24 - (showed cached webpage, homepage of quickbooks? shows EIP at the top and says Jospeh McStay)

Index 2 - intuit - 8:03:23 pm (file name is check[1].htm screenshot of webpage showing check made out to chase merritt $4000

Index 3 - intuit - 7:59:42 (selectprint[1].htm) Print Checks Setup shows check again made to charles merritt $4000.00, check #4093 (showed current balance as $89, 724.50)

Index 4 - Feb 8th 2:06:27am google search for quickbooks online (showed the cached page)

Index 5 - Feb 8th 2:06:39am google search microsoft office templates (showed the cached page)

Index 6 - Feb 8th 2:06:54am google search for microsoft office templates

Index 7 - Feb 8th 2:07:06am dinosaur train (showed cached page)

Index 8 - Feb 8th 2:07:17am stackstone (showed cached page)

Index 9 - Feb 8th 2:07: 34 17037 brookhurst, fountain valley, ca (showed cached page 17037 Brookhurst St Fountain Valley, CA 92708)

Index 10 - Feb 8th 2:07:36 capital one (showed cached page)


DEVICE 5 -


Feb 4th 6:08:57pm quickbooks online (yahoo search)

Feb 5th 6:16:26pm host qw2006.quicken.com Title: Free Credit Report and Score <<< Internet Explorer bookmark



Apple IPhone 4 - Merritt's - Named Chase's iphone

Screenshot of 'author of book on McStay family shares his theory' from 2/26/2014 6:55pm

Showed second page with photo of Joey and I believe Joey Jr., objected, sidebar, sustained on relevance and something else


IPhone 6 - another phone of Chase's. Objection to foundation, allowed subject to the offer of proof.



On Cross - Device 4 - Index 1

7:56:24 - not a typical search. user would have gone to intuit.com, it can redirect. You can stop here or go further, can click various links. Witness can't say if any links would have been clicked on. Maline asking if he has anything that shows that he went any further…. don't think so? it would be in history.

does someone have to type something out to get to that homepage? it could have been clicked on or typed in, could have been clicked on from a saved search. Maline- how about a drop down search list - yes.

Did Device 4 have a drop down search list? yes, it does have a recent search list. Asking if he looked at the recent searches on device 4… they did not.

exhibit 843 - witness does not know what it is. Defense saying that it is the recent searches on Device 4 IE.

Can't say whether anyone clicked on any links after the "searches". User could have got there some other way…. yes.

There seems to be some confusion over internet history and search history. I hope this will all be more clear next week. I get what Maline was trying to show... that someone was just checking the history of the browser, not necessarily searching those specific search terms, and I would have to agree considering the timing. One thing that stuck out to me before I realized the timing was... all the searches were in small letters, no capitals! I was thinking that it would indicate it was Chase... but now I don't know. I even checked google to double check, if I capitalize in my search, the top url also shows it capitalized. Just thought it was interesting!

 

[Deleted member 192280]

It's for a dentist's office, just checked it out. Fountain Valley Dentist | Huntington Beach, Irvine, Costa Mesa and Newport CA | ANDREEA MOISIUC DDS

I apologize for a comment I made (which had been duly deleted). I didn't read carefully and truly thought this was about the Judge's dentist appointment this afternoon, because some had just mentioned that. I was actually wondering how you knew which dentist office the judge was going to.

 

[cobalt sky]

Something else I'm curious about. On Device 5 (the Hewlett-Packard PC M700):

Index 158 2/5/10 6:16pm qw2006.quicken.com bookmark is accessed, title "Free Credit Report and Score"

So someone was in the house on the HP PC M700 on the 5th at 6:16pm. Curious about the free credit report and score, was someone trying to access Joey's? I recall that Mike did access Joey's credit report, he admitted this on the Steph Watts/Tim Miller video, but I don't know when Mike did so, I don't recall the date of the Watts video, early March? I doubt Mike was in the house doing this on the 5th, though I wonder what Chase planned on doing with Joey's credit report ????

 

[katydid23]

So a couple thoughts after watching today's testimony, mostly with Det. Schroeder.

2/4 3:03 pm - Joey's cell phone registered activity in RC (call to Merritt), he (or at least his cell phone) is then heading south towards Fallbrook.

2/4 4:18 pm - Joey's cell phone registered activity in Fallbrook (call to Merritt)

2/4 4:56 pm & 5:01 pm - someone via the E-Machine T-2040 computer tower visits sketchup.com (likely Joey?)

2/4 5:47 pm Summer calls Joey's cell phone from her cell phone but he does not answer (I think this is accurate, please let me know if wrong)

2/4 5:47 pm Joey (via his cell phone) has an approximately 3 minute call with Chase

2/4 6:08 pm- someone via the Hewlett-Packard PC M700 clicked a bookmark for "quickbooks online"

2/4 7:56 pm - someone via the E-Machine T-2040 computer tower accesses quickbooks (Joey's account)

2/4 8:28 pm Joey's phone calls Chase's phone, goes to voice mail iirc

I always wondered if Joey actually made it home after the "chick-fil-a lunch" but this new information re: the sketchup.com visit has me think he likely did. It seems like just the kind of site he would visit for his business. So maybe he leaves RC around 3, gets home between 4:30 - 4:55, heads into his office to do some business research. What's strange is Summer's call to him at 5:47. I wonder if during one of Joey's calls with Chase that afternoon, Chase decided to come down to Fallbrook to "go over business" or something and Joey agreed to meet him somewhere. I guess that would explain why Summer would be calling Joey at 5:47, he was out somewhere with Chase. I don't know how the rest falls into place but my mind is trying to sort out this new information lol.

ETA: 2/4 6:08pm "quickbooks online" and 7:56pm quickbooks account

Maybe Joey returns from the lunch, and then in the afternoon, Summer takes the kids out to do some errands. And on her way back home, she calls joey's cell?

Then Chase surprises Joey at the Fallbrook house and disables him, and then acts like nothings wrong, when Summer and the kids arrive home. Joey is tied up and hidden away...She takes the boys upstairs to get ready for bed, and she is attacked?

 

[missy1974]

And this strikes me as odd...
Feb 5th 6:16:26pm host qw2006.quicken.com Title: Free Credit Report and Score <<< Internet Explorer bookmark


I recall Mike saying in one of the Equusearch video's he checked Joey's credit score... I wonder if he also used this same link??? I searched this... apparently there was or is an option to watch your credit report and score through the quicken program.

 

[Deleted member 192280]

So someone was in the house on the HP PC M700 on the 5th at 6:16pm. Curious about the free credit report and score, was someone trying to access Joey's? I recall that Mike did access Joey's credit report, he admitted this on the Steph Watts/Tim Miller video, but I don't know when Mike did so, I don't recall the date of the Watts video, early March? I doubt Mike was in the house doing this on the 5th, though I wonder what Chase planned on doing with Joey's credit report ????

Mike had told Deputy Tingley that he drove by his brother's house on the 4th or the 6th. He was asked about this in this testimony. See around 7:20 of the video:

 

[missy1974]

Something else I'm curious about. On Device 5 (the Hewlett-Packard PC M700):

Index 158 2/5/10 6:16pm qw2006.quicken.com bookmark is accessed, title "Free Credit Report and Score"

So someone was in the house on the HP PC M700 on the 5th at 6:16pm. Curious about the free credit report and score, was someone trying to access Joey's? I recall that Mike did access Joey's credit report, he admitted this on the Steph Watts/Tim Miller video, but I don't know when Mike did so, I don't recall the date of the Watts video, early March? I doubt Mike was in the house doing this on the 5th, though I wonder what Chase planned on doing with Joey's credit report ????

haha It was odd to me as well! Yes, I believe Equusearch video's were from the beginning of March, I don't recall the exact date. I'm not saying that Mike was there on the 5th, but maybe there was an easy access link to check it.

 

[Deleted member 192280]

Dinosaur train’was a show. I’m freaking out now thinking could it be possible that Chase googled that from the Mcstay home to find an episode to perhaps occupy the boys.

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.

Some of the wildest imaginations...

 

[katydid23]

Some of the wildest imaginations...

LMAO--just thinking outside the box.

The logical answer is that DK is not going to take the stand.

If he did LIE to LE about being in Hawaii, there is no way he is going to allow himself to be trapped into taking an oath and being grilled on the stand. That is a crime right there to lie about a murder case, and give false alibi documents. So if he did lie, he aint going to testify. He is hiding out, deep and low.

If he did have a valid alibi, the defense knows that, and no way are they going to put him on the stand to make them look foolish and dishonest.

So I don't think it is that far of a stretch to say they may have come to an agreement that helps both sides. JMO

 

[Deleted member 192280]

LMAO--just thinking outside the box.

I really like that you can laugh at yourself and are not easily offended by others' comments. It makes me feel comfortable talking here. [Thumb up]

 

[katydid23]

Now that I think about it, it is the defense that says they cannot find DK. What if the State has him on ice somewhere? And they are going to bring him out later and put him on the stand?

 

[Deleted member 192280]

Now that I think about it, it is the defense that says they cannot find DK. What if the State has him on ice somewhere? And they are going to bring him out later and put him on the stand?

Now that sounds a more likely scenario. I just hope whoever is the real killer will not continue living among us.

 

[Niner]

So - I'm guessing court ended after the last tweet - a couple of pages ago? And Schroeder was the last witness?

And no court until Wednesday the 13th....

 

[Niner]

So update in red from yesterday:

Thursday, February 7th:
*Trial continues (Day 17) (@ 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 11 – reference post #1121 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3
Skipping Day 12 thru 14 - Reference post #217 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #5
2/5/19 Day 15: Trial today w/NO JURY. 402 Hearing. Expect arguments regarding testimony from the QuickBooks rep that spoke to a "Joseph McStay" on Feb 9, 2010, however prosecutors say the phone used to make the call was Charles Merritt's. The gist is Ryan Baker, QuickBooks customer service rep is having surgery and prosecution wants to have him appear via video before surgery on Thursday. Defense says they want him there. Defense says they have not been given doctor's notes to prove the witness is having surgery or to prove he cannot travel. They are now arguing about the process of testifying by Skype. Dr Leonid I Rudin is a professional photogrammeographer. Master of Science in Mathematics and Phd in Photography. Testifying re truck leaving the Fallbrook home. Judge says to come back tomorrow at 10:30. The defense says that at 9am, they want to have a meeting about the lack of timely discovery from the state.
2/6/19 Day 16: Judge delaying Rudin’s testimony until Feb 19th. State witnesses: Video/Skype testimony from Ryan Baker, QuickBooks customer service rep. re. phone call received on Feb 9th 2010 asking QB to delete their EIP QB records, claiming to be from Joseph McStay. Michael Russ, Crime Scene Specialist, about the Faro Scan & processing of Merritt's truck in 2014. Legal argument follows outside presence of jury regarding rescheduling of witnesses, court may be dark on Monday 11th, defense wants more discovery from pros. re google earth cell tower mapping, Boles' expertise, & the expertise of their additional cell mapping expert who may be a rebuttal witness to def. expert, & reports from pros. financial analyst, pros. to provide judge with financial graphs & excel spreadsheets 2/7 am, judge threatens to cite def. counsel for misconduct if they raise disallowed material re DK in front of jury. Trial continues on 2/7 @ 9.30 am.
2/7/19 Day 17: DELAYED: A juror was involved in an accident. Next update from court is at 11am PST/2pm EST to see if trial will happen today. The juror who was involved in the accident today is an alternate. He broke his wrist trying to get storage containers down from the rafters in his garage. It was not a car accident. State witnesses: Sgt. Ryan Smith is recalled to the stand by the state. He conducted a search of Charles Merritt's home on 10/22/14. Det. Jason Schroeder - Hi-tech Crime Division, Hisperia PD. No court until Wednesday, Feb. 13th.