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

[Force Ten]

What if he hung up before it went to VM. My phone rings a LONG time before VM because I sometimes have to find my phone 1st. Maybe CM put it on 10 rings?

Yes, hung up or his phone died. Being that CJ couldn't connect to his phone hours later I'm thinking the latter or he shut it off.

 

[Force Ten]

Not so at all. He may think he was stating a fact when he's not. Is the word "definitely" so crucial to you? What if CM said "I'm definitely innocent"? Would you infer that "he was clearly stating a fact"?

"And I think that at the moment he said it, Mr. Merritt was feeling confident, smug, and awfully proud of himself." Now I say, it's definitely not the case. Must be true, right?

It's the acute context of the statement. He didn't say "I was the last person he met with that day" but "I was definitely the last person he saw". Imo with the inclusion of "definitely" it's a subliminal confession.

 

[Cricket28]

I'm thinking, that he would've parked somewhere adjacent and came in thru the backyard, then crawled in the back window.

I wonder about that too.

Remember this from search warrant SBSW 14-1849:

SBCSD investigators reviewed home video footage of Merritt associating with the McStay family. This footage was found in the McStay residence after their disappearance and was time stamped on a few months prior to their disappearance. In this video footage, Merritt jumped over a fence and climbed a mountain next to the McStay home.

MOO

 

[Cricket28]

Thanks Cricket for your Posts, describing what you see and thin
k during the trial, especially any info about the Jurors.
I feel I am there, witnessing the case.

 

[Cricket28]

Must be a coincidence. Dan added a new photo to his timeline and changed his wallpaper 5 hours ago.

https://www.facebook.com/web3labs

It doesn't look like they're (attorneys) are trying to hard to find him. Thanks Mica for keeping us updated.

MOO

 

[missy1974]

Must be a coincidence. Dan added a new photo to his timeline and changed his wallpaper 5 hours ago.

https://www.facebook.com/web3labs

hmmm Should we be saying hello to Dan!?! coincidence, right? lol If he was here, I would love to hear from him ... but I doubt it ;-)

 

[missy1974]

It doesn't look like they're (attorneys) are trying to hard to find him. Thanks Mica for keeping us updated.

MOO

to be fair... he could be anywhere updating facebook LOL but who knows if they have really tried or not yet. Even if they plan on calling him to testify, the way this trial is going, that won't be until 2020 LOL

 

[Bernina]

Yes but there are two things: Someone had to be there at 5:47 in RC to answer Chase's phone while Joseph's is pinging in Fallbrook. If Chase was simply using JM's phone to call his, if no one is there to answer it would have went to VM.

CJ......After going through the transcripts of the preliminary hearing, I believe she *may* not have known what she was doing but she's intertwined in this case. JMO.
I think she knows a lot more, Significant others and spouses are one if not the main downfalls of someone who commits a crime my extended family retired LE relatives and friends always said. Also personal experience with my first husband, multi felon, gang member.

 

[MsRyber]

Not so at all. He may think he was stating a fact when he's not. Is the word "definitely" so crucial to you? What if CM said "I'm definitely innocent"? Would you infer that "he was clearly stating a fact"?

"And I think that at the moment he said it, Mr. Merritt was feeling confident, smug, and awfully proud of himself." Now I say, it's definitely not the case. Must be true, right?

But why say "definitely" and not "probably"? To me, using it as a certainty adverb implies concrete knowledge/understanding of the following event/verb/action. He didn't say it in a joking manner "I'm definitely going to win the lottery this weekend." (a "to be" event)

He said it as a viewpoint that he is certain about. I don't know, it's just very strange.
Reminds me of Casey Anthony and her use of the word "Absolutely".

 

[Bernina]

I can believe he might be unnoticed at 2 am. I have no idea who comes and goes at my neighbors at 2 am.

Exactly. And he could have grabbed the car seats then.

 

[Bernina]

hmmm Should we be saying hello to Dan!?! coincidence, right? lol If he was here, I would love to hear from him ... but I doubt it ;-)

My thoughts exactly! LOL!

 

[missy1974]

The E-notes are actually incoming. One from unknown, probably spam, and two others from Summer's website.

How do we know that e-note is incoming? And if that is the case, then how do we explain the 5:47 0 second (pretty sure is a text) incoming from Joey on Chase's record then, it doesn't show up on Joey's, other than this E-note.

 

[Bernina]

It doesn't look like they're (attorneys) are trying to hard to find him. Thanks Mica for keeping us updated.

MOO

I think the defense put him on their subpoena list just to make it look like they had a rabbit in their hat. I've seen it in other trials and was a witness in a murder trial years back where the prosecution did the same thing.

 

[HelenK]

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.

At the time of the family's disappearance, Summer was a stay-at-home Mom. However, she had a real estate license, and was planning to re-enter that arena. If my memory serves me correctly, she had already ordered business cards and stationery in preparation.

 

[Bernina]

to be fair... he could be anywhere updating facebook LOL but who knows if they have really tried or not yet. Even if they plan on calling him to testify, the way this trial is going, that won't be until 2020 LOL

Facebook tracks you location when you log in. Go to "settings", and "log in and security". If they REALLY wanted to find him, they could. They (LE) can access ALL of that info.

 

[Deleted member 192280]

IMO: Sometimes our mouth override our brain, a natural reaction BEFORE we actually "think" about something we say. How many suspects that have used past tense in murder case interrogations are literally brought to investigator's attention and focus for using past tense in speech is beyond me. HOW would he KNOW he was the last person to see JM alive? Because he lived it.

I already addressed that in another comment. Perhaps he didn't know? In fact, if someone else killed JM, then CM was wrong to say he's the last person JM saw. He was sure about that, said "definitely", but he proved wrong.

It's the acute context of the statement. He didn't say "I was the last person he met with that day" but "I was definitely the last person he saw". Imo with the inclusion of "definitely" it's a subliminal confession.

The difference doesn't matter. If he had said "I was the last person he met with that day", it's clear those who want to believe he's guilty would do the same, using such a statement as indication of guilt.

But why say "definitely" and not "probably"? To me, using it as a certainty adverb implies concrete knowledge/understanding of the following event/verb/action. He didn't say it in a joking manner "I'm definitely going to win the lottery this weekend." (a "to be" event)

He said it as a viewpoint that he is certain about. I don't know, it's just very strange.
Reminds me of Casey Anthony and her use of the word "Absolutely".

Do you really think he meant to make sure the police didn't miss what he meant, that he killed them, by using "definitely" and not "probably"?

 

[Force Ten]

How do we know that e-note is incoming? And if that is the case, then how do we explain the 5:47 0 second (pretty sure is a text) incoming from Joey on Chase's record then, it doesn't show up on Joey's, other than this E-note.

You're right, partially. She sent out a text at 5:05 but it wasn't until 5:47 when it was received by his phone.

Here's the phone list showing the E-note as incoming.

file:///C:/Users/Jason/Downloads/Joseph%20Mcstay%20Phone%20Log%20(8).pdf

 

[missy1974]

Facebook tracks you location when you log in. Go to "settings", and "log in and security". If they REALLY wanted to find him, they could. They (LE) can access ALL of that info.

But does the defense team have LE to serve one of their witnesses? or does it have to be one of their own investigator's or a process server (that's what we have here in Canada, down there too?lol)

Maybe @MsFacetious would know that answer

 

[Bernina]

But does the defense team have LE to serve one of their witnesses? or does it have to be one of their own investigator's or a process server (that's what we have here in Canada, down there too?lol)

Maybe @MsFacetious would know that answer

We don't even know if they actually issued a subpoena, lol! They might have just put his name on the witness list.....seriously, I think it's just "smoke and mirrors".
Usually the attorney's investigators locate the individual and then a process server (LE or Officer of the Court) serves the subpoena.

 

[missy1974]

You're right, partially. She sent out a text at 5:05 but it wasn't until 5:47 when it was received by his phone.

Here's the phone list showing the E-note as incoming.

file:///C:/Users/Jason/Downloads/Joseph%20Mcstay%20Phone%20Log%20(8).pdf

I can't access that file lol

Ok, I've done some googling... these enotes... what kind of phone was it again Force Ten? I know you know this lol I should really make a note of it.

I have read that if it had a specific program on the phone, if it was rebooted, it would send and show an e-note on his phone (lots of complaints in mid 2000's about being billed for it lol) But what I'm finding is that it would show as "500" under the number. This would almost make sense if he had to reboot his phone, and then Summer's message came through as well.