CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #6

[Edmo]

I've been racking my brain to imagine what would convince Joey and Summer to grab the brood, get into the Trooper in such a hurry (if that's what they did). What possibly could someone tell them that would get them out of the house that way?

And who would they care enough about to have done this for?

Again, not saying this is what occurred, but if it did occur this way, it's hard to think of what false pretense could have gotten them all to go somewhere-whether it was morning or night.

Thoughts?

They never left the home, IMO. CM came to their home after JM confronted him earlier in the day, so CM could "explain" why he had accessed his $$$ and keep Jm from going to the police. Things went south and CM, in his rage, ended up killing JM and then the rest because he had already "went too far with JM", IMO.

 

[JMarsh]

They never left the home, IMO. CM came to their home after JM confronted him earlier in the day, so CM could "explain" why he had accessed his $$$ and keep Jm from going to the police. Things went south and CM, in his rage, ended up killing JM and then the rest because he had already "went too far with JM", IMO.

It's fine if you don't want to answer my question.

 

[Edmo]

I am unsure of what this meant in the charges and I'm not going looking right now... a special-circumstance allegation charging that the teen committed murder during the course of a residential burglary...

But my point is they did not JUST charge him with murder because he murdered someone and the rest was irrelevant, ocean indicated that he was only charged with murder. That isn't true.

He was also charged with Burglary due to "any other felony" being committed inside the home.

 

[Edmo]

It's fine if you don't want to answer my question.

I did answer. THEY NEVER LEFT THE HOME. They didn't leave.

 

[missy1974]

I am not going to accept the defense's alternate theory, that DK was the one who created that check on the 4th. Why would DK create it and then delete it, if he was trying to frame CM? And how would he know that CW was going to creat the exact same check the next day and cash it?

RSBM

Can you show me in testimony or in the OS's where they say that DK did this?

 

[JMarsh]

I am soooo behind today! Someone may have already answered this, but the statute of limitations would have run out even if they only became aware of it in 2013/14.

California's Discovery Rule

It is important to note that the statutory period for bringing a case does not begin until the offense is discovered, or should have been discovered. As well,statutes of limitations change from state to state,and what is true for California may not be true for another state.

The following chart provides the basics of California criminal statute of limitations law, and a more in-depth summary follows.

Code Section Pen. §§799 et seq.

Felonies Murder, other offenses punishable by death or life imprisonment, embezzlement of public funds: none; offenses punishable by 8 or more years in prison: 6 yrs.; offenses punishable by imprisonment: 3 yrs.

Misdemeanors 1 yr.; misdemeanor violation committed on a minor under 14: 3 yrs.; sexual exploitation by physician or therapist: 2 yrs.

Acts During Which Statute Does Not Run Not in state, max. extension 3 yrs.; statutory periods do not begin until offense is or should have been discovered

In theory, the QB activity was known right at the time of the disappearance, and therefore is probably not within the statute of limitations at the time of Chase's arrest. I don't know why those charges weren't included, otherwise.

 

[JMarsh]

I did answer. THEY NEVER LEFT THE HOME. They didn't leave.

I know you believe this. I was hoping to discuss this with someone open to exploring other options.

 

[katydid23]

Right. So this was something new they were doing. This actually supports Chase's version of what he claims happened.

This something new 'they' were doing? lmao

Really? 'They' were doing this new accounting thing? The thing where someone writes himself a check, backdates to the last date his boss was seen alive, deletes it, then cashes it so he can go gambling?

I hardly think it supports Chase's version of events. He had NO EXPLANATION for why he backdated and deleted.

If this is as you say, a 'new thing' that his boss requested, wouldn't Chase say so and have a reason for the big new change?

Here is testimony from Detective Daniel Hanke at the Preliminary Hearing.

Q Did you show him the checks that were created on February
5th and backdated to February 4th?
A Yes, I did.
Q Did he tell you he wrote those checks?
A I don’t believe he said he — I believe he said Joseph
wrote the checks.
Q Did he identify the typewritten entries and say: Those
were typewritten, he wouldn’t have done that?
A That’s correct.
Q Did you confront him with the fact that those checks that
were dated February 4th to himself and to Metro Sheet Metal were
backdated?
A Yes, I did.
Q Did you ask him why in the world they would be backdated
to the date this family went missing?
A Yes.
Q Did he deny backdating any of those checks?
A He did not deny.
Q Did he have an explanation as to why he would back-date
those checks?
A He did not offer any explanations

 

[JMarsh]

I did answer. THEY NEVER LEFT THE HOME. They didn't leave.

Right. I get that this is what you believe. I was looking for someone still open to other possibilities to discuss this with.

 

[missy1974]

Didn't Mr Miller the Equisearch guy wonder where all the shoes were?

And the clothes... and the bedding...

Now that this has finally gone to trial, the bedding was on the beds when LE was there the first time on the 15th... and clothes everywhere! We, or maybe I should say I was led to believe a lot of things before now...

 

[JMarsh]

And the clothes... and the bedding...

Now that this has finally gone to trial, the bedding was on the beds when LE was there the first time on the 15th... and clothes everywhere! We, or maybe I should say I was led to believe a lot of things before now...

By the time Mr. Miller walked through the home items had been taken. The home was not in the original state it had been when found.

 

[Edmo]

I know you believe this. I was hoping to discuss this with someone open to exploring other options.

According to SBSO, there is NO evidence pointing them they were murdered somewhere else. We have YET to hear their testimony on what THEY found during their search warrant(s). They have stated publicly they have evidence, to "which they can prove" the crime was committed INSIDE of the home. We haven't heard it in court, yet.

 

[citygirl]

Yikes. Can't believe we are wasting time discussing shoes, popcorn and honey nut cheerios. Such a distraction. And means nothing at the end of the day in this death penalty case. Two parents and two babies. Brutally murdered.

 

[missy1974]

We are 1/4th into the trial. SBSO did a search warrant on the home as a Homicide Case. We haven't yet heard about those results, which they claim to have evidence it did in fact occur in the home. Stay tuned . . .

We heard testimony that they took paint scrapings from the wall... they took a small piece of carpet from the stairs, they also took a few swabs I believe. I believe it's also in the search warrants what they took from the house. The paint scrapings were used to try to match the paint on Summer's bra and the sledgehammer. We have heard testimony about this... are you expecting more? What do the search warrants say came from the house that they tested?

I will have to go find the testimony to reference this, but I do not expect to hear about much more from the house. JMO

 

[JMarsh]

According to SBSO, there is NO evidence pointing them they were murdered somewhere else. We have YET to hear their testimony on what THEY found during their search warrant(s). They have stated publicly they have evidence, to "which they can prove" the crime was committed INSIDE of the home. We haven't heard it in court, yet.

I am enjoying discussing this case with you, but I am looking for someone to discuss this option with. Do you get that? I do not know what happened, I just like examining all the possibilities. There may be someone else on this forum who would like to do the same. So that is who I'm hoping to get involved in this discussion. Maybe later, I'll agree with you. Don't know. We'll see.

 

[wary]

Not according to the state. The state has Chase Merritt's truck (they claim it is his anyway) leaving the McStay residence at 7:47-then Chase is suddenly on the computer by 7:56.

He had to have returned in some manner.

Is it possible that the key to this is: that the computer and the neighbor’s camera were using two different clocks, and one wasn’t set to the right time?

 

[Edmo]

We heard testimony that they took paint scrapings from the wall... they took a small piece of carpet from the stairs, they also took a few swabs I believe. I believe it's also in the search warrants what they took from the house. The paint scrapings were used to try to match the paint on Summer's bra and the sledgehammer. We have heard testimony about this... are you expecting more? What do the search warrants say came from the house that they tested?

I will have to go find the testimony to reference this, but I do not expect to hear about much more from the house. JMO

Yes, more.

 

[oceanblueeyes]

You are the best. Solid , even , concise and non-confrontational.

Aww, Citygirl, thanks so much for the nice compliment. That also applies to you as well.

I admit i am enjoying JMarsh taking the defense side.

Now he/she seems to have a comeback answer for everything. LOL! That's quite interesting in itself. Ha

Seriously, I enjoy posting with everyone on this case.

May justice prevail.

 

[Edmo]

I am enjoying discussing this case with you, but I am looking for someone to discuss this option with. Do you get that? I do not know what happened, I just like examining all the possibilities. There may be someone else on this forum who would like to do the same. So that is who I'm hoping to get involved in this discussion. Maybe later, I'll agree with you. Don't know. We'll see.

That makes sense to me now, I'm thick. lol

 

[JMarsh]

Is it possible that the key to this is: that the computer and the neighbor’s camera were using two different clocks, and one wasn’t set to the right time?

That is absolutely possible.