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

[missy1974]

I'm not sure why he would have to prove he is own innocence?

Why would he have to do that if he already knows he had no involvement?

I've never seen anyone who isn't charged with a crime have the need or are required to exonerate themselves. That's not how our justice system is designed nor works. It's the opposite actually. Even those who have been accused, and charged with a crime have no legal burden to prove they are innocent. So Merritt is not required to prove he is innocent but DK is???

So why should DK be treated any differently than all who havent even been charged with anything?

I think it's more likely its outsiders who wants him to declare his innocence to satisfy their own curiosity.

I find it rather odd in today's time no one can find DK. If the defense has really subpoenaed DK, signed off by the judge, then the police, even the US Marshals office would be involved.

Has there been any proof offered by the defense showing DK has been issued a subpoena signed off by this judge? Have they showed anyone a copy of the subpoena? Have they had hearings with the judge even though they have a subpoena they are unable to locate him. If so, the judge would immediately get the proper authorities involved and in high gear to locate him.

After all this DT constantly whines to the judge about everything else so surely this has been one of them.

I think it's another defense tactic I've seen happen in a few other cases, where they pretend they cant locate a certain witness because they dont really want the person to testify, and would rather talk about them to the jury instead.

So what's going to happen after their CIC with DK not called, and then he is called in rebuttal by the state?

I'm sure if the state calls DK they will immediately ask him if he has tried to hide out avoiding the defense subpoena or any subpoena for that matter.

So the defense is playing a risky game that could easily backfire.

I have no doubt the state knows his exact location right now. Maybe they should ask the state although I believe the defense also knows where he is.

Its much easier for the defense to claim they can't locate him trying to fool the jury into believing, falsely imo, he is in hiding because he is the one who did these murders.

I think we will learn further along during this unbelievably long trial the state and investigator has had much more contact with DK than some may think.

The state has known for a long time all along DK was going to be targeted by the defense as the SODDI, and, IMO are fully prepared to refute the defense theory.

Imo, they aren't really looking hard to find his location.

It's far better for them to be able to throw up baseless assumptions about HIM rather than actually finding him in order to testify as a witness in their case.

Imo

We don't even know for sure if he can't be found. It was a comment made by Maline to a local reporter, @Cricket28 just reported what the reporter told her, so it's all just speculation right now. Maybe next week, we can get Cathy Russon on that, to see if we can find out more lol

I'm curious to know how it would be handled in court if they really can't find him though.

 

[missy1974]

Is it possible the websites accessed at 2am were reached by hitting the "back" button? I find it odd that the defense suggested the little drop down bar was used. Or am I missing something? And can someone explain the "free credit score" access? I thought it was perhaps an ad embedded on the main QB page.

From what I could understand, the defense was suggesting that someone went to the "search history" in Internet Explorer. Which then took them to the last 10 things "searched". Not the last 10 websites visited and in the history. It's been so long since I used IE that I can't recall it having a "search history".

The free credit thing... On DEVICE 5 - HP media center pc m700
Feb 5th 6:16:26pm host qw2006.quicken.com Title: Free Credit Report and Score <<< Internet Explorer bookmark

It was a bookmark, not just a random page. Quicken did have an option to keep track of your credit report/score through their software.

 

[missy1974]

That was my understanding as well

It is a lot of calls before and after a lunch meet - something definitely up

They spent a lot of time on the phone. I actually find the LACK OF CALLS after the 4th more suspicious than anything before the evening of the 4th, but JMO.

 

[citygirl]

So interestingly, if he didn't kill the family at the house, why does he keep going back there?

And where was the trooper between the 4th and the 8th? Was it still in the driveway?

 

[thelmadawg]

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?

I think DK has retreated to the slime pond. Having followed him from the beginning, I think it's safe to say he is a budding CM (i.e. sociopath), just not up to snuff yet. Don't believe he was the killer of this family, however.

 

[Mica]

We don't even know for sure if he can't be found. It was a comment made by Maline to a local reporter, @Cricket28 just reported what the reporter told her, so it's all just speculation right now. Maybe next week, we can get Cathy Russon on that, to see if we can find out more lol

I'm curious to know how it would be handled in court if they really can't find him though.

Dan posted some photos dated in January on his FB. I “assume” in January 2019. Some of the photos are for logos for web3labs. Web3labs In also named in his FB url.

Instagram for web3labs connects to Dan’s SoundCloud account with user name SkyToucher. He posted music on his SoundCloud 9 days ago.

https://www.facebook.com/web3labs?ref=br_tf&epa=SEARCH_BOX

dK. @web3labs on Instagram - Insta Stalker

Skytoucher

 

[missy1974]

Dan posted some photos dated in January on his FB. I “assume” in January 2019. Some of the photos are for logos for web3labs. Web3labs In also named in his FB url.

Instagram for web3labs connects to Dan’s SoundCloud account with user name SkyToucher. He posted music on his SoundCloud 9 days ago.

https://www.facebook.com/web3labs?ref=br_tf&epa=SEARCH_BOX

dK. @web3labs on Instagram - Insta Stalker

Skytoucher

Thank you!!!! I thought he has posted something more recently when I looked before, I didn't even think of looking at the photo's last night ( I was tired! lol)

 

[Plo_Koon]

The judge has Fridays off automatically so why wouldn’t he go to the dentist then?

That would ruin his whole weekend!

 

[Plo_Koon]

Relatives could be staying in the house overnight, esp. when finding the house empty.

I'm fairly certain that even JM's father at that point (immediately after the disappearance) didn't have full blown suspicions about CM's involvement so I don't think the family would have found such actions flag raising.

 

[Plo_Koon]

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 wouldn't want to spend money on plane tickets, hotels, etc to go help this guy out in his murder trial.

 

[fridaybaker]

Thanks Helen.
I’m guess I’m just running with what the prosecution has implied in the opening statements about CM’s theft, greed and fraud which I think they have spot on.

1) 2 Feb CM takes money from Joey’s account
2) 4 Feb Joey rings bank whilst headed to meet CM
3) Joey calls CM
4)CM frantically rings his girlfriend SIX times
5) Joey rings bank again
6) Joey meets CM
7) seven short Calls back and forth between them on Joey’s drive home. An argument ensues in my view
8) Final call with Joey late afternoon then CM’s phone goes dark
9) that evening a car looking suspiciously like CM's pulls out of Joey’s drive way.
10) Next time anyone sees Joey and family it’s in a graves in the Mojave dessert
11) on day of murder and subsequent days CM accesses Joey’s account and helps himself to more money. Cell phone goes dark again over the following days several times for lengthy periods, when previously it’s always on the grid.
12) CM calls quickbooks from his own phone to try cover his deception by requesting the account is closed. He fails in his attempt.

These are the key points that have led me to believe they have the right man on trial. JMO!

A Lucas, FWIW, I thought your meaning was clear -you weren't stating an established fact, but positing a theory. I really enjoy reading your posts and I think your little summary here is excellent. Hopefully, as I've mentioned before, I so hope the prosecution is able to distill everything into a good summary for the jury in closing arguments. Too bad you're not there to help them!

 

[Plo_Koon]

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 ????

Is it possible he was looking for potential passwords or SSN's in order to further access/steal from JM?

 

[fridaybaker]

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

Rabbit, not many. Sadly, we haven't seen you and so many of the incredibly amazing posters from days of yore. You have been sorely missed!

 

[A lucas]

A Lucas, FWIW, I thought your meaning was clear -you weren't stating an established fact, but positing a theory. I really enjoy reading your posts and I think your little summary here is excellent. Hopefully, as I've mentioned before, I so hope the prosecution is able to distill everything into a good summary for the jury in closing arguments. Too bad you're not there to help them!

Awww Friday don’t! That was really kind of you. I am so passionate about this case and desp want justice for this family. I live in UK but came to Cali in 2016 on a road trip (I love the US) and made my husband drive to the points of interest in this case (much to his annoyance ha!) because I wanted to pay my respects to them.

What happened to them shocked and appalled me 8 years ago when I learned about it and it still shocks and sickens me now. I’ve not heard of a case much worse than this.

I honestly do believe everything points to CM and I am willing the prosecution to get justice for the Mcstays, for their family, friends and all of us *advertiser censored*

 

[white rabbit]

Rabbit, not many. Sadly, we haven't seen you and so many of the incredibly amazing posters from days of yore. You have been sorely missed!

aw thanks fridaybaker! not many others i recognize. ok i have to get caught up but i'll be back. wonder where all my files on this case are

 

[Deleted member 192280]

If A lucas had stuck a "Possibly" in front of "JM," maybe you'd find his post more acceptable. It's the old conjecture thing, you know ...........

The problem is I (and some others) don't read every comment, so when I saw that, I took it that the poster was citing a fact which I was unaware of. I was surprised to learn that I missed such an important fact. Everyone, please make it clear when you are theorizing or citing a fact, already too confusing when no one can read, let alone remember, every single comment.

 

[Deleted member 192280]

When he stated that he "definitely was the last person" Joey saw, he was clearly stating a fact, not a conjecture. He meant precisely that. And I think that at the moment he said it, Mr. Merritt was feeling confident, smug, and awfully proud of himself.

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?

 

[Plumeria5]

BBM. Summer never called Joseph from her phone. She did send a text to him at 5:05.

Joseph called Chase at 5:47 but his phone died or cut out (hung up?) a minute into the call and Joseph continued to talk for two more minutes. The duration of the that call (the second to last call) was 3 minutes.

So just to clarify
5:47 Joey's phone calls Chase's phone
5:48 Chase's phone hangs up or dies
5:48-5:50 Joey's phone is still connected

Chime in if this isn't possible. If Chase left his phone at say, a storage unit, near his home, RC, and he used Joey's to call his phone but it ran out of charge, could this explain those 3 minutes and the fact that Joey appears to be speaking to Chase but for the last two minutes he is speaking to thin air?

 

[missy1974]

So just to clarify
5:47 Joey's phone calls Chase's phone
5:48 Chase's phone hangs up or dies
5:48-5:50 Joey's phone is still connected

Chime in if this isn't possible. If Chase left his phone at say, a storage unit, near his home, RC, and he used Joey's to call his phone but it ran out of charge, could this explain those 3 minutes and the fact that Joey appears to be speaking to Chase but for the last two minutes he is speaking to thin air?

Chase's phone records actually show:

5:47 .....0 seconds <<< for whatever reason. I can't tell from his records, who called who
5:48 .....2:37

Joey's shows 5:47 ... 3 minutes (maybe they rounded up for billing)

It almost looks like Chase called him at 5:47, didn't let it connect... and called again right away? Maybe someone can remember if it was incoming or outgoing? I only see 1 record of the call on Joey's records but 2 on Chase's.

Might have to go back to this testimony to see who was calling who.


EDIT>>>>> the 5:47, 0 second one is a text message I think. It shows a text message being sent on Joey's too. So Joey texts Chases phone, then calls it at 5:48 (on cm's records) 5:47 (on Joey's)

 

[ThorJanus]

They spent a lot of time on the phone. I actually find the LACK OF CALLS after the 4th more suspicious than anything before the evening of the 4th, but JMO.

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.