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

[Force Ten]

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.

I'm not positive but I think they both had the first generation google phones.

I just realized I posted the wrong link. I'll send the right one in a bit.

 

[Plumeria5]

McStay suspect interviewed by CNN - CNN Video

"definitely"

 

[Chelly]

just tried to catch up to no avail. *sigh*. any old-timers on this thread?

Hi there rabbit.

 

[Deleted member 192280]

McStay suspect interviewed by CNN - CNN Video

"definitely"

Thanks for the link. Was there a previous occasion when he made similar statement? The similar statement has been quoted or misquoted so much that I'm not sure whether he made it more than once and what the original statement(s) was/were exactly. I thought he said "...last person....spoken to", too? Also, this one doesn't include "....last....him alive". I suppose the "alive" was added by people who exaggerated the effect?

 

[MsFacetious]

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

The defense can hire a process server, anyone can really. So if they find him he can be served.

We actually have a PI who also serves them. So when he's serving he can give them an opportunity to talk and potentially avoid needing to be subpoenaed at all.

However, we are clearly way more efficient, so I have no idea what they might do here. Maybe send a message in a bottle? Or by balloon? Oh! Homing pigeons!

This is ridiculous seriously.

 

[MsFacetious]

I thought I had the quote saved but I don't and don't have time to go find it now.

No this is NOT how things are normally done in the United States.

No this is NOT how things are normally done in California.

No this is NOT how things are done at all.

 

[katydid23]

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

If there FBI wanted to find someone, and that person was active on their FB, I think they could be found using cyber techniques inherent in the FB app. JMO

But the defense is not the FBI, so...?

 

[MsFacetious]

When someone comes up with the exact timeline of known history of cell phone routine for this family and their communication it will be obvious of their exact deaths and movements. People are creatures of habits. I believe that is how this case is going to be proven. "CSI" have forensic researchers who should be able to provide this evidence. The prosecution clearly does not have this and that is why they are going through all of this storytelling and circus act.

I am disgusted with the antics going on in this trial. The audio is atrocious, the judge mumbles and the attorney's are annoying. Once more I have to rely on this forum because it seems to be the most connected. Thank you contributors.

Yes, THIS. I am appalled and disgusted. It's hard to even follow because I just want to scream.

This weekend I'm organizing things so that when we need to refresh someone's recollection we can pull up that spot of audio instantaneously. Like a keyword search for the audio in addition to the transcript.

We won't even take up 2 minutes of court time to find the right spot on the interview! This will only be a one week trial. We have difficult prosecutors who have withheld evidence so we've had to write motions, have hearings, get orders and subpoenas we shouldn't have needed, but other than that we are ready.

This is ridiculous. Atrocious. There just aren't enough words. It's a kerfuffle, a clusterf@ck. All of it.

 

[MsFacetious]

If there FBI wanted to find someone, and that person was active on their FB, I think they could be found using cyber techniques inherent in the FB app. JMO

But the defense is not the FBI, so...?

Yes, technically the defense COULD ask the state to assist as a Brady issue. But if Dans alibi IS airtight it won't happen. I would if I was the state just because I think Dan not being there might cause questions.

We have the investigators that investigated our client going back and doing a more thorough investigation now on the judges order. It's still subpar but it's something.

It is frustrating for the defense to NOT have that ability and access that the state does for sure.

 

[ehenson88]

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

ht crossed my mind, especially after Mitchley testified that she heard noises which caused her to turn on the porch light, that there probably was a brief struggle and shouting when he killed Summer and the boys. I think Joey was completely blindsided from behind, but Summer was not. It’s possible the 747 Mitchley cam captured chase high tailing it out of there immediately after killing them in case a neighbor heard shouting and dialed 911. He waited about 15 minutes for coast to be clear and hearing no sirens to go back in and do his Quickbooks activities. I do not think he immediately loaded the bodies into his truck before heading back north. It was still early in the evening and lots of activity in the neighborhood at that time people driving by etc...way too risky for that. I think he drove just as far north as he could to alibi himself “Mira Loma” and then shut off his phone and went straight back to Fallbrook to start cleaning up the crime scene and move the bodies in the early morning hours.

 

[travelbug]

just tried to catch up to no avail. *sigh*. any old-timers on this thread?

Hi there, so glad to see you. I was hoping you would show up! Check out the the transcripts to catch up. The trial is so poorly managed that there has been a minimum of new (helpful) information.

 

[katydid23]

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.



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.



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"?

I think the point that others are making is that using that wording is like 'leakage' or 'Freudian slips.' The unconscious mind 'leaks' damaging secrets when someone is nervously trying to hide during a stressful interview.

For example, Wes Hadsell is being interviewed by detectives about his missing stepdaughter, who he killed and disposed of. And they ask him about the last time he saw her, as he was the last one known to be with her---he said they met in a gas station mini-mart for lunch:

WH: "We kind of just hung out and stared at each other, you know. I asked her how she was doing, we talked about a little school, um, we are a family of few words with a lot of love. She departed my presence at I would say about 12:40, 12:45pm. I was actually late getting back to my job and I got reamed from my boss."


That^^^ was obvious leakage. The time that he gave for when she left from their supposed lunch meeting, was actually about the same time that she 'departed this earth.' His unconscious screamed that out to the investigators.

 

[mrjitty]

I thought I had the quote saved but I don't and don't have time to go find it now.

No this is NOT how things are normally done in the United States.

No this is NOT how things are normally done in California.

No this is NOT how things are done at all.

I think it's me who asked you about this!

Thanks

I am old school and find this procedural incredible.

No high court judge in my experience would allow this crap. Judges were fierce and if you took the mickey you got hauled into chambers sharpish!

 

[mrjitty]

Yes, technically the defense COULD ask the state to assist as a Brady issue. But if Dans alibi IS airtight it won't happen. I would if I was the state just because I think Dan not being there might cause questions.

We have the investigators that investigated our client going back and doing a more thorough investigation now on the judges order. It's still subpar but it's something.

It is frustrating for the defense to NOT have that ability and access that the state does for sure.

The aspect I find strange is that the state should call this witness under its duty to the court .

DK was a business partner and had contact with the accused post 4 feb.

To me it would be amazing if he were not called

 

[A lucas]

Y

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.

Yes and it’s very interesting their relationship broke up a few months after the murder. Not sure how long they had been together but carrying a burden of that magnitude is enough to end any marriage.

Even if she didn’t know outright she must have suspected something. He rang her in a panic 9 times that morning after Joey called him (after checking with his bank). She doesn’t hear from him again till he answers phone after 9pm from Mira Loma.

Assume she had to lie for him when he says he was watching a movie with her when Joey’s phone dials him that night.

And from that day on the family are never seen again. She may not have known for sure but hmmmmm....

 

[Tortoise]

Who would be more likely out of Joey or Summer to be using google sketchup?

Would this be for a home improvement or a tool used in the design of fountains?

 

[mrjitty]

I'm not positive but I think they both had the first generation google phones.

It's funny because at first I automatically imagined them with really old school phones without proper internet etc but then I remembered I had a blackberry with email way back in 2003 and iphone 3 was already out by this time.

 

[mrjitty]

Who would be more likely out of Joey or Summer to be using google sketchup?

Would this be for a home improvement or a tool used in the design of fountains?

I don't think you would use sketchup for DIY unless you were actually remodelling rooms.

 

[Tortoise]

I don't think you would use sketchup for DIY unless you were actually remodelling rooms.

Yes I think remodelling the home is a possibility, something someone might do a few months after moving in. Is it likely to be something Joey would use for EIP? Was he involved in the designing?

It's important to try and work this out to see if it was Summer or Joey on the computer at 4.56 pm.

 

[mrjitty]

Yes I think remodelling the home is a possibility, something someone might do a few months after moving in. Is it likely to be something Joey would use for EIP? Was he involved in the designing?

It's important to try and work this out to see if it was Summer or Joey on the computer at 4.56 pm.

We really need info on what model was opened.