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

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Fascinated by defense attorneys becoming prosecutors. Never thought it worked that way? Going from the private sector ? Very interesting.

You can switch to whatever you'd like. I have a case now in front of a judge that is a former defense attorney.
It's especially rewarding when I find case law to cite in an argument and the JUDGE was the defense attorney in the case. I cite the case and the judge says "yes, I'm very familiar with that case..." :p

The prosecutor (he is SUCH an a$$hole, win at all costs type) HATES IT when we do that and it always makes me chuckle. :cool:


@MsFacetious

in regards to Smith... the only thing that I can think of with his mannerisms and his attitude towards the defense is that they are accusing SB of confirmation bias and not investigating properly. My opinion is, as a LE officer, if he knows he did a good job, or his dept did a good job, screw whatever the defense says, the facts will tell the story. In other words.. be professional. Again, JMO :)

I agree, we are RIPPING apart a Detective on a case I'm working on right now. Dude didn't even do the bare minimum on the case. Zero follow up, zero investigation. We ripped him apart so badly that the judge ordered him to actually investigate the case properly! Yet, the man remained collected on the stand. He's absolutely biased, but he did remain professional on the stand. (He is still doing a crappy job even in the follow up investigation, a leopard doesn't change it's spots...)
 
I'm not sure we got a view of the other side of the street. The camera range only extended out to about the middle of the street so if a parked vehicle across the street was illuminated we wouldn't see it. I'm more inclined to think a vehicle was parked on the McStay side, forcing the vehicles that should have been driving on that side of the street to use the middle or wrong side of the road to avoid it.

See points 32.55 (side camera) and 36.33 (porch camera) Mitchley video to give an idea of camera ranges in daylight, then 39.00 to see how the vehicle passing Mitchley house at night before the truck pulls out of McStay driveway is driving much closer to Mitchley's side of the street because both headlamps are reflected in the road. Screenshots below - click to enlarge.

View attachment 168326 View attachment 168327 View attachment 168328

Ugh. All this time I was confusing the eve of the house to be that of the sidewalk across the street. So that side is completely out of view. :mad:
 
No but McGyver did testify Joseph parked on the street to allow Summer easier access for the kids.

Are you sure it was McGyver? I just did a search of the youtube transcripts and don't see that. Skimmed through his testimony, still can't find it lol

He was only there for those 3 or 4 days that week, and I think another day around xmas.
 
I'm not sure we got a view of the other side of the street. The camera range only extended out to about the middle of the street so if a parked vehicle across the street was illuminated we wouldn't see it. I'm more inclined to think a vehicle was parked on the McStay side, forcing the vehicles that should have been driving on that side of the street to use the middle or wrong side of the road to avoid it.

See points 32.55 (side camera) and 36.33 (porch camera) Mitchley video to give an idea of camera ranges in daylight, then 39.00 to see how the vehicle passing Mitchley house at night before the truck pulls out of McStay driveway is driving much closer to Mitchley's side of the street because both headlamps are reflected in the road. Screenshots below - click to enlarge.

View attachment 168326 View attachment 168327 View attachment 168328


This is why I think the cam would have caught a vehicle also passing earlier. But if it was before 7pm... no way to know if there was a vehicle but they didn't think it was connected so they didn't take that video. They should have taken all the video, they could have copied it IMO
 
Missy, those are excellent questions! I would love to know more about the stents. Have his medical records been subpoenaed?

One thing that I think we do know about Chase is that he was all-around a very physically strong guy. He spent a lot of time doing very physical things, and I have the impression that both before and after the disappearance he was so. (The mention of his "incredible strength" or something to that effect, etc.)

Here is another question: I wonder, in the case of a very physically strong and active person -even if that person went in for the "stent" surgery -would it necessarily mean he would be incapable of wielding a 3 lb. sledge hammer? Anyone here have any opinions on that?

I have been thinking about it the last few hours... I don't recall the defense mentioning his "physical capabilities", or lack of, in their opening statement, however, we did miss some of Maline's OS, so it could have been in there. IF they had any sort of proof of this 'recent surgery', I would think they would say it.

I don't think he would be incapable of wielding the sledgehammer... but I would question the digging and lifting, as that would be "strenous" activity and depending on what "recent" means when discussing the stents (if it's even true)
 
One, I have NO idea about CM's health, other than he claimed to have heart problems.

However, I haven't seen, but read that CM is ON video jumping the MS fence and running up a steep hill. Then there are actual pictures of him "gold mining" in the desert, digging a hole that appears to be 3-4 feet deep, don't know WHEN that was taken tho?

Did he dig the hole? lol sounds like a silly question... but wasn't he working on or making some sort of machine that digs the hole?
 
ITA
Even if CM is convicted and given the death penalty. it will never happen, not in CA.
However, inmates on death row are denied some of the privileges the other inmates are given. So there are other reasons to give him the death penalty besides death. If that makes any sense.

MOO MOO MOO
It sure does. I would imagine that being on death row day after day, year after year, is at least about as bad, if not more. You wither and die, bit by bit.
 
Are you sure it was McGyver? I just did a search of the youtube transcripts and don't see that. Skimmed through his testimony, still can't find it lol

He was only there for those 3 or 4 days that week, and I think another day around xmas.

IMO, we have access to the pre-lims, news reports, blog sites, and other media reports that "distort" our thinking of what had happened to the MS's. We all have an "idea" now of what happened to the MS Family.

We ALL just need to wait for the evidence to present itself. I know that is hard to do since we have meshed so much "evidence" into this case.

I 100% believe the PROS will conclude, one way or another, JMO.
 
Agreed. I assume his cash flow problems were the result of being a gambler - horrible addiction - an alcoholic will eventually fall down but a gambler will keep going until they lose everything. And I’m thinking the reason he said his business was finished was so that he could lay foundations to provide another reason of why he couldn’t have possibly murdered the family. All that interview indicated to me is what a brazen liar Merritt is.

Yeah. The guy complained about how much JM's disappearance/murder financially ruined him...but what about the opportunities AFTER.

Alleged McStay killer 1st to sound alarm

He found a new benefactor in Les Cohen, a chiropractor he met in a Victorville-area bar about three years ago, Cohen told U-T San Diego.

Cohen said Merritt told him the McStay story — that they were best friends and business associates, and how his life nose-dived after the disappearance.

To Cohen, Merritt seemed a good guy, smart, didn’t drink much, didn’t smoke, didn’t do drugs. He did gamble a bit. And he played a mean game of poker and hustled pool.

“He seemed like a straight-shooter, very believable,” Cohen said.

Cohen said he eventually hired the “incredibly talented” welder for fix-it projects and small art pieces. It soon became clear that Merritt had the talent to make “$100,000 waterfalls.”

Seeing “dollar signs,” Cohen set Merritt up with a work space and welding tools, helped cover his utility bills, bought him a phone, and, he said, even got him clothes because he noticed Merritt always wore the same pants and shirt.

Cohen said he also established a shared bank account, putting up $10,000 for materials.

But the money started to disappear, and the projects rarely came to completion.

“He wouldn’t do the work. He wouldn’t fill the orders. … It was always excuses, ‘the sun’s in my eyes,’” Cohen said.

By August 2013, Cohen had enough of a man he said he came to completely distrust. He ended their business dealings.

Three months later, the McStay family’s skeletal remains were found by an off-road motorcyclist outside of Victorville, in a pair of shallow graves.

When Cohen heard the news, his first suspicion was: “Chase did it.”

San Bernardino County authorities took over the case, now a murder investigation. In a way they started from scratch but they also referred to the boxes of case files from the San Diego County sheriff’s missing persons investigation.

Cohen said detectives tracked him down, and he talked with them three, four times. He said last week’s arrest came as no surprise.

“On the outside, he’s the nicest, sweetest guy,” Cohen said. “Mild, calm, never raised a voice, very soft-spoken, methodical. He would tell the (McStay) story and you had no reason not to believe him. But nobody really knew him.”


My meeting with Charles 'Chase' Merritt

Adepoju, who said his background was in banking and finance, emigrated from Nigeria 22 years ago and met Merritt through a mutual friend. Adepoju said Merritt was ready to market a “holistic gel” that he developed to “reduce and eliminate pain almost on contact.” Adepoju said Merritt wanted to introduce his steel sculptures to the public before he sold the gel.
At the time, Adepoju said Merrit was “an artist,” and was excited about the new business. Things apparently didn’t end well.
The business was never officially created, and Adepoju took Merritt to small claims court and was awarded more than $2,000 in October 2012. A bench warrant was later issued for Merritt due to his failure to pay the judgment and his failure to appear for subsequent hearings
On Friday, Adepoju spoke with me by phone and shared more insights on his experience with Merritt. Adepoju said after the Daily Press interview, Merritt asked him to “call Rene and ask him not to run the article.”
“I think his conscience was punishing him and he didn’t want to get exposed,” Adepoju said. “After the interview, Charles acted very funny. I think he was nervous because he got close to the media.“
Adepoju said he met Merritt through a mutual friend in 2012. A few weeks later, the duo sat down and began discussing business.
“I commissioned a few steel sculptures from Charles,” Adepoju said. “Next thing I know, I was his piggy-bank and he owed me over $4,000. I’m glad that we did not follow though with the registration of our business.“
Despite Merritt referring to Adepoju’s Hesperia office as “his office,” Adepoju said the cowboy hat-wearing metal worker only came Adepoju’s office when he needed money. After Adepoju discovered Merritt’s “shady background,” he quickly cut ties with him and took him to court to get his money.
"The program ‘Judge Judy’ even called and wanted us to be on the show when I sued him, but Charles didn’t want to do it,” Adepoju said. “I believe Charles didn’t want to be on the show because of the media exposure, just like he asked that the Daily Press not to run the article.“
Adepoju said after he cut ties with Merritt, a mysterious vehicle pulled up and parked near his property in Apple Valley. When Adepoju went to investigate, the vehicle sped off.
Adepoju said he was initially unaware that Merritt was a “habitual criminal,” who had a history of repeat offenses such as “stealing property and money.”
“We are supposed to be responsible members of the community and report what we see and hear,” Adepoju said. “I can’t believe this Charles guy walked around free when he’s gone from jail to jail, all over the country.“

MOO
 
It sure does. I would imagine that being on death row day after day, year after year, is at least about as bad, if not more. You wither and die, bit by bit.

My one "claim to fame" is that I ACTUALLY dealt with 2 of America's Most Wanted Inmates while working in the county system that they were charged with. BOTH ended up on Death Row, due to their convictions.

One Inmate attempted in court to say that the DP was 1 Racial, and 2 Inhumane vs their crimes. They actually brought a "white supremacist" to testify in their behalf, they were both African American Inmates, that "Prison" was a "racially divided institution," and that their "punishment" was unlawful, due to it being "racial."

One is on DR today and the "other" was released last year due to the: Battered Wife Syndrom.
 
Yeah. The guy complained about how much JM's disappearance/murder financially ruined him...but what about the opportunities AFTER.

Alleged McStay killer 1st to sound alarm

He found a new benefactor in Les Cohen, a chiropractor he met in a Victorville-area bar about three years ago, Cohen told U-T San Diego.

Cohen said Merritt told him the McStay story — that they were best friends and business associates, and how his life nose-dived after the disappearance.

To Cohen, Merritt seemed a good guy, smart, didn’t drink much, didn’t smoke, didn’t do drugs. He did gamble a bit. And he played a mean game of poker and hustled pool.

“He seemed like a straight-shooter, very believable,” Cohen said.

Cohen said he eventually hired the “incredibly talented” welder for fix-it projects and small art pieces. It soon became clear that Merritt had the talent to make “$100,000 waterfalls.”

Seeing “dollar signs,” Cohen set Merritt up with a work space and welding tools, helped cover his utility bills, bought him a phone, and, he said, even got him clothes because he noticed Merritt always wore the same pants and shirt.


Cohen said he also established a shared bank account, putting up $10,000 for materials.

But the money started to disappear, and the projects rarely came to completion.

“He wouldn’t do the work. He wouldn’t fill the orders. … It was always excuses, ‘the sun’s in my eyes,’” Cohen said.

By August 2013, Cohen had enough of a man he said he came to completely distrust. He ended their business dealings.

Three months later, the McStay family’s skeletal remains were found by an off-road motorcyclist outside of Victorville, in a pair of shallow graves.

When Cohen heard the news, his first suspicion was: “Chase did it.”

San Bernardino County authorities took over the case, now a murder investigation. In a way they started from scratch but they also referred to the boxes of case files from the San Diego County sheriff’s missing persons investigation.

Cohen said detectives tracked him down, and he talked with them three, four times. He said last week’s arrest came as no surprise.

“On the outside, he’s the nicest, sweetest guy,” Cohen said. “Mild, calm, never raised a voice, very soft-spoken, methodical. He would tell the (McStay) story and you had no reason not to believe him. But nobody really knew him.”


My meeting with Charles 'Chase' Merritt

Adepoju, who said his background was in banking and finance, emigrated from Nigeria 22 years ago and met Merritt through a mutual friend. Adepoju said Merritt was ready to market a “holistic gel” that he developed to “reduce and eliminate pain almost on contact.” Adepoju said Merritt wanted to introduce his steel sculptures to the public before he sold the gel.
At the time, Adepoju said Merrit was “an artist,” and was excited about the new business. Things apparently didn’t end well.
The business was never officially created, and Adepoju took Merritt to small claims court and was awarded more than $2,000 in October 2012. A bench warrant was later issued for Merritt due to his failure to pay the judgment and his failure to appear for subsequent hearings
On Friday, Adepoju spoke with me by phone and shared more insights on his experience with Merritt. Adepoju said after the Daily Press interview, Merritt asked him to “call Rene and ask him not to run the article.”
“I think his conscience was punishing him and he didn’t want to get exposed,” Adepoju said. “After the interview, Charles acted very funny. I think he was nervous because he got close to the media.“
Adepoju said he met Merritt through a mutual friend in 2012. A few weeks later, the duo sat down and began discussing business.
“I commissioned a few steel sculptures from Charles,” Adepoju said. “Next thing I know, I was his piggy-bank and he owed me over $4,000. I’m glad that we did not follow though with the registration of our business.“
Despite Merritt referring to Adepoju’s Hesperia office as “his office,” Adepoju said the cowboy hat-wearing metal worker only came Adepoju’s office when he needed money. After Adepoju discovered Merritt’s “shady background,” he quickly cut ties with him and took him to court to get his money.
"The program ‘Judge Judy’ even called and wanted us to be on the show when I sued him, but Charles didn’t want to do it,” Adepoju said. “I believe Charles didn’t want to be on the show because of the media exposure, just like he asked that the Daily Press not to run the article.“
Adepoju said after he cut ties with Merritt, a mysterious vehicle pulled up and parked near his property in Apple Valley. When Adepoju went to investigate, the vehicle sped off.
Adepoju said he was initially unaware that Merritt was a “habitual criminal,” who had a history of repeat offenses such as “stealing property and money.”
“We are supposed to be responsible members of the community and report what we see and hear,” Adepoju said. “I can’t believe this Charles guy walked around free when he’s gone from jail to jail, all over the country.“

MOO

OMG !!!!!!
 
<modsnipped broken quote>

My husband had an angiogram a week ago, and would have had stents placed at that time if they were required. (They weren't, thank goodness) He was not allowed to use his right hand-the angiogram was done via his wrist, but sometimes they use the groin- to lift over 5kg, (11 pounds?) for one week, due to a risk of bleeding. He had painkilling drugs that stopped him driving for 2 days. I don't think having stents would put you out of action for very long.
 
Last edited by a moderator:
Yeah. The guy complained about how much JM's disappearance/murder financially ruined him...but what about the opportunities AFTER.

Alleged McStay killer 1st to sound alarm

He found a new benefactor in Les Cohen, a chiropractor he met in a Victorville-area bar about three years ago, Cohen told U-T San Diego.

Cohen said Merritt told him the McStay story — that they were best friends and business associates, and how his life nose-dived after the disappearance.

To Cohen, Merritt seemed a good guy, smart, didn’t drink much, didn’t smoke, didn’t do drugs. He did gamble a bit. And he played a mean game of poker and hustled pool.

“He seemed like a straight-shooter, very believable,” Cohen said.

Cohen said he eventually hired the “incredibly talented” welder for fix-it projects and small art pieces. It soon became clear that Merritt had the talent to make “$100,000 waterfalls.”

Seeing “dollar signs,” Cohen set Merritt up with a work space and welding tools, helped cover his utility bills, bought him a phone, and, he said, even got him clothes because he noticed Merritt always wore the same pants and shirt.

Cohen said he also established a shared bank account, putting up $10,000 for materials.

But the money started to disappear, and the projects rarely came to completion.

“He wouldn’t do the work. He wouldn’t fill the orders. … It was always excuses, ‘the sun’s in my eyes,’” Cohen said.

By August 2013, Cohen had enough of a man he said he came to completely distrust. He ended their business dealings.

Three months later, the McStay family’s skeletal remains were found by an off-road motorcyclist outside of Victorville, in a pair of shallow graves.

When Cohen heard the news, his first suspicion was: “Chase did it.”

San Bernardino County authorities took over the case, now a murder investigation. In a way they started from scratch but they also referred to the boxes of case files from the San Diego County sheriff’s missing persons investigation.

Cohen said detectives tracked him down, and he talked with them three, four times. He said last week’s arrest came as no surprise.

“On the outside, he’s the nicest, sweetest guy,” Cohen said. “Mild, calm, never raised a voice, very soft-spoken, methodical. He would tell the (McStay) story and you had no reason not to believe him. But nobody really knew him.”


My meeting with Charles 'Chase' Merritt

Adepoju, who said his background was in banking and finance, emigrated from Nigeria 22 years ago and met Merritt through a mutual friend. Adepoju said Merritt was ready to market a “holistic gel” that he developed to “reduce and eliminate pain almost on contact.” Adepoju said Merritt wanted to introduce his steel sculptures to the public before he sold the gel.
At the time, Adepoju said Merrit was “an artist,” and was excited about the new business. Things apparently didn’t end well.
The business was never officially created, and Adepoju took Merritt to small claims court and was awarded more than $2,000 in October 2012. A bench warrant was later issued for Merritt due to his failure to pay the judgment and his failure to appear for subsequent hearings
On Friday, Adepoju spoke with me by phone and shared more insights on his experience with Merritt. Adepoju said after the Daily Press interview, Merritt asked him to “call Rene and ask him not to run the article.”
“I think his conscience was punishing him and he didn’t want to get exposed,” Adepoju said. “After the interview, Charles acted very funny. I think he was nervous because he got close to the media.“
Adepoju said he met Merritt through a mutual friend in 2012. A few weeks later, the duo sat down and began discussing business.
“I commissioned a few steel sculptures from Charles,” Adepoju said. “Next thing I know, I was his piggy-bank and he owed me over $4,000. I’m glad that we did not follow though with the registration of our business.“
Despite Merritt referring to Adepoju’s Hesperia office as “his office,” Adepoju said the cowboy hat-wearing metal worker only came Adepoju’s office when he needed money. After Adepoju discovered Merritt’s “shady background,” he quickly cut ties with him and took him to court to get his money.
"The program ‘Judge Judy’ even called and wanted us to be on the show when I sued him, but Charles didn’t want to do it,” Adepoju said. “I believe Charles didn’t want to be on the show because of the media exposure, just like he asked that the Daily Press not to run the article.“
Adepoju said after he cut ties with Merritt, a mysterious vehicle pulled up and parked near his property in Apple Valley. When Adepoju went to investigate, the vehicle sped off.
Adepoju said he was initially unaware that Merritt was a “habitual criminal,” who had a history of repeat offenses such as “stealing property and money.”
“We are supposed to be responsible members of the community and report what we see and hear,” Adepoju said. “I can’t believe this Charles guy walked around free when he’s gone from jail to jail, all over the country.“

MOO
Great find! Wonder what other info is out there?
 
Keep in mind that CM seems to have spent an inordinate amount of time with the entire family after they moved in to their new house. In his interview he seems to have had a bird's eye view of their family life. IMO, he injected himself into their life. He weighs in about Summer, the children ? Joey's relationship with his wife? All the while having a family of his own. I wonder how CJ felt about all his time spent with this family in those waning days? Did he come home and fill her in on his feelings about his BFF's wife and children? Did he tell her about the pizza debacle? Summer insisting the children use forks to eat their pizza? And, he being a bad influence? Can't help but wonder.
This is perhaps off topic - mods, please don't get mad - but I remember, way back when, someone said that the pizza incident never happened, and that Chase made it all up. Obviously, I cannot verify this, but also cannot entertain the notion that Summer would do that. Or that anyone would do that. Who on earth - literally - eats pizza with a fork and knife?
 
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