CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #8

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Well, we now know that the DA has no witness from Union Bank who actually spoke to Joey McStay about fraud.

Banks record conversations and they definitely would have taken note if Joey called in stating that someone was stealing from his account. There appears to be no evidence that Joey had just discovered theft by way of his bank account. And if Joey didn't call his bank about money gone missing, this does away with motive for February 4.

Investigators appear to have reached quite a few conclusions for which there was no evidentiary support.

I think the above is a premature assumption. The fraud investigator said the individual bank teller would FORWARD notes to her if fraud was suspected/discovered. I don't think Joey was there yet.

The check was probably not even on his radar yet as cashed. Or if so, it had just happened, as he was going to lunch with Chase. I doubt he would have known yet, much less reported it as such, at that early date.

He may have been suspicious, and he may have confronted Chase at lunch. But I don't think he reported it to the bank yet, before he went missing.
 
newly revised total of casino withdrawals===adds 9k to the total? I have to re-listen
the defense says 'so you added 9500 to the total? SO WHAT'

Objection, argumentative....

to me, the defense sounds defensive about that new gambling total

maline talking fast in high pitched voice...trying to accuse the state of asking the FA to go try and find more gambling withdrawals....

The FA says NO, he himself took another look to see who PCA and GPA were...the defense says ' the idea was to identify MORE cash withdrawals...'

FA says NO, I just wanted more complete information...

the defense is attacking the FA for asking for help from the DA to find out who PCA was.

[so what? if the info is correct, it's correct, no matter who helped him figure it out.]

Now defense is arguing that it doesn't matter what the cash totals are, but the gambling dates are essentially the same, so its no big difference...[ I disagree.]

FA replies that it is 5 or 6 different dates added...

You know they attack when they know the evidence coming is very damaging.

Knowing once again Maline is shrilling like a little petulant child with a high pitched voice is hilarious.

Everytime I read Maline is being his hostile self it let's me know the state is pushing the right buttons.

Before this is over it might serve him well to use throat meds to sooth his throat every day.

The states cases has a long way to go, and the further it heats up, the more shrilly, and hostile Maline will get.

Btw, I think it's a big turn off to the jury when they see the attorney lose their cool.

It also alerts them the evidence is highly important if it garners this kind of response.

Imo
 
D:the additional amounts , you still don't know how much of that money Chase walked out of the casino with, do you?

D: you don't know what the cash was spent on, do you?

D: it could have been to buy in to a Poker tournament, correct?

[ WTH? how would that help?]

DT[ little joke to ease tension with jury]= money coming in is a credit, going out is a debit, could you explain that to my wife?

I haven't been able to watch... but they keep mentioning Poker tournaments??? what's up with that?
 
A Google search for GCA Casino transactions, GCA is a company that offers services to casinos in the form of ATMS and also machines to process cash advances that are processed as a regular purchase and don't show up as an atm withdrawal. These are machines they can have at say a poker table so you can immediately purchase more chips without having to leave the table. This makes perfect sense of the GCA transactions and explains why there were multiple same day transactions in addition to the atm withdrawals.
Seems like he went in and got cash out of atm or came in with cash, sat down at a table, lost everything, and then did the GCA purchase to keep playing. They are associated with a high fee per transaction of like $12. Check out this doc:https://www.google.com/url?sa=t&sou...FjADegQIBxAB&usg=AOvVaw1hIDTzzAsxNQuxn6wFrhLC
 
The class bias being demonstrated so far by the state in their analysis of Chase's finances, I'm a little concerned with. So far all their analysis does is illustrate the anatomy of a person in financial trouble-not unlike a lot of Americans at that time.

It borders on being bigoted in regards to someone's economic status, as opposed to showing a motive for murder.

The prosecution better be sure that no one on that jury has ever had financial difficulties, or someone close to them that has a gambling issue and has not killed anyone.

JMO
 
OMG LOL I'm so sorry to anyone that lives there! I told you if it was going to happen it would be on a court day :D:D:D

OT: I once worked in Victorville (construction-grading/paving streets) prior to my LE career.

It snowed, about 6" covered the unpaved streets. We decided to attach a chain to a spare tire and "drag" each other through the snow/unpaved streets. It was going well until Harvey hit a manhole and it threw him about 10' in the air, no joke! :):):)
 
No the judge did not agree with you that there should be an additional report documenting no opinion.

Yes he did. He basically said that if that information is included in the graphs and charts then there is no need. But if it isn't, then the defense is entitled to a summary.

Clearly we are interpreting things differently, please be respectful of other posters' opinions :)
 
Finishing my last bank account reconciliation and Visa reconciliation prior to going on maternity leave with my oldest child. My last official day was February 5th. Finishing up the book of office procedures and my personal work responsibilities for my coworker who would be filling in for me. I then went on CRA's website and filled out my application for EI (Employment Insurance) as I am a Canadian, afforded a full year off for maternity leave. I also had to get my boss to sign my top-up forms for my coverage (I was covered 100% wages). It was a triggering event, so I remember LOTS.
Ask me what I did last week. NO IDEA. When something big happens in someone's life, they tend to remember. My best friend going missing, well, that's something most people would find...of note. Especially when he told others he tried to "reach him" (all weekend), which turned out not to be true.
*shrugs*

And that's you.

From Chase's known pattern of behavior, what is his memory, in general, like?

We may not really know enough at this time to determine this with any accuracy, but the fact that in one interview he forgets a number of things, most of us would recall very easily, could indicate that something was interfering with his memory.

Forgetting your own home address when you are home, is odd. And he forgets other information that, in the forgetting of it, would not help deflect his guilt, if he is guilty.
 
With the evidence and witnesses presented, it really comes down to what someone *wants* to believe, as far as the general public audience is concerned. Someone who distrusts law enforcement and prosecutors will tend to discredit the evidence as "cooked up" or "skewed" in favor of the prosecution.

The defense has continually used this angle in cross examining, hoping at least one of the jurors is weary of our justice system. I have to believe that the jurors are seeing right through this tactic each and every time. The DNA witness from Tuesday and Wednesday this week, IMO, really helped to debunk the "other DNA in the graves" argument from the defense's opening statement.

The forensic accounting testimony from yesterday and today in and of itself doesn't look like much, until the jury deliberates at the end, and ties in Merritt's numerous statements (LIES) with evidence of his financial condition and the carelessness and mismanagement of money. The jury will re-listen to interviews, and re-read their notes where the defendant claimed things like "I won't be able to pay rent if Joseph doesn't come back soon" as well as various other statements (LIES) the defendant made regarding the business arrangements, how money changed hands, etc.

And this is only the beginning! We've yet hear another 2 to 3 months of witness testimony. I also believe the prosecution will dismantle most of the defense's witnesses, and in the end, the defense will have very little to support their arguments against the mountain of damning puzzle pieces that will be pieced together by the jury. Every day Charles Merritt walks into that courtroom, he is a doomed man walking closer toward his day of judgement, both here and beyond.

All my own opinion, of course.
 
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Yes he did. He basically said that if that information is included in the graphs and charts then there is no need. But if it isn't, then the defense is entitled to a summary.

Clearly we are interpreting things differently, please be respectful of other posters' opinions :)
Exactly, and the information was only in the charts and graphs. Glad we got there finally.
 
Actually the judge agreed with me. They are entitled to a summary of whatever the forensic accountant found, and if nothing is found, then it's common sense that the accountant should document that also.

The FA DID give them a summary of what he found. he gave them graphs and totals and percentages, etc. to summarize the bank records.

What he didnt do was interpret those figures. He just packaged them in different ways so someone could see them in an easier format.

Hence, no report needed according to the judge.
 
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The prosecution better be sure that no one on that jury has ever had financial difficulties, or someone close to them that has a gambling issue and has not killed anyone.

JMO

Although we may be heading rapidly toward another financial crisis as I write this, I think people forget how bad it got post 2008. It was dire there for a while.
 
Jury dismissed-
State now angry at defense, complaining to judge, about McGee saying that DA Rodriquez committed MISCONDUCT. And saying so in front of jury.

judge: It is true that that should not be brought up in front of the jury...

[big long animated discussion between both sides and the judge concerning various upcoming issues ...the cell phone info that comes in after lunch was discussed to clarify what is in and what is out]

ohhh I can't wait to rewatch some of this. What did he say the misconduct was? Talking to the FA?
 
OT: I once worked in Victorville (construction-grading/paving streets) prior to my LE career.

It snowed, about 6" covered the unpaved streets. We decided to attach a chain to a spare tire and "drag" each other through the snow/unpaved streets. It was going well until Harvey hit a manhole and it threw him about 10' in the air, no joke! :):):)
Sounds like you guys had a blast in the snow
 
I'm sure the defense will argue a lot of that money was used to pay for welders, vendors, supplies......

Oh wait, that's Dan's excuse.

Maybe he just won't remember where all the money went? He should probably ask his wife. :D
They are paddling upstream, IMO. Wasting time on defending CM against these insipid charges when all they want to do is prove DK is the perp! If someone would just let them!
 
With the evidence and witnesses presented, it really comes down to what someone *wants* to believe, as far as the general public audience is concerned. Someone who distrusts law enforcement and prosecutors will tend to discredit the evidence as "cooked up" or "skewed" in favor of the prosecution.

The defense has continually used this angle in cross examining, hoping at least one of the jurors is weary of our justice system. I have to believe that the jurors are seeing right through this tactic each and every time. The DNA witness from Tuesday and Wednesday this week, IMO, really helped to debunk the "other DNA in the graves" argument from the defense's opening statement.

The forensic accounting testimony from yesterday and today in and of itself doesn't look like much, until the jury deliberates at the end, and ties in Merritt's numerous statements (LIES) with evidence of his financial condition and the carelessness and mismanagement of money. The jury will re-listed to interviews, and re-read their notes where the defendant claimed things like "I won't be able to pay rent if Joseph doesn't come back soon" as well as various other statements (LIES) the defendant made regarding the business arrangements, how money changed hands, etc.

And this is only the beginning! We've yet hear another 2 to 3 months of witness testimony. I also believe the prosecution will dismantle most of the defense's witnesses, and in the end, the defense will have very little to support their arguments against the mountain of damning puzzle pieces that will be pieced together by the jury. Every day Charles Merritt walks into that courtroom, he is a doomed man walking closer toward his day of judgement, both here and beyond.

All my own opinion, of course.

I think you make a good point. Technically speaking though, this should come down to one thing: Has the prosecution PROVEN that Chase is guilty of these murders beyond a reasonable doubt?

And the jury is going to be viewing this trial through a very different lens than we are. They shouldn't have gone into this with much previous knowledge of this case, if any.

There shouldn't be a bias one way or the other for the jury.
 
The FA DID give them a summary of what he found. he gave them graphs and totals and percentages, etc. to summarize the bank records.

What he didnt do was interpret those figures. He just packaged them in different ways so someone could see them in an earlier format.

Hence, no report needed according to the judge.

This is the last time I am going to respond regarding this subject lol :)

Graphs and charts are not the same as an interpretive summary. My 8th grader can plug numbers in a chart. Isn't the purpose of a forensic accountant to analyze and interpret those charts? What the judge meant was that if the forensic accountant's interpretations, if any, weren't already included somewhere in the charts and graphs then the defense is entitled to that in a summary.
 
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