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

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I guess the reason I am so concerned is that I initially wrote off CM as the main suspect because he didn't seem that cunning or devious. But Kavanaugh fits that bill. He is a computer hacker, super intelligent with technology, and has also threatened Joey in his greedy push for more $ from the business.

So it really shakes my confidence when I learn that his alibi was never really fully checked out. Could the defense be lying about that accusation?
 
Texas Red said:
If the prosecution didn't even verify DK's alibi it's going to start looking like they have a bias against Merritt and are setting him up kinda of like the Avery case.
Click to expand...

The defense started their OS's saying this is all about "Confirmation Bias". Making the evidence "fit" CM, not looking beyond CM. I don't know if that is the case or not so will wait to see the evidence. I really didn't follow closely after their bodies were found, I was heartbroken, wasn't surprised when CM was arrested, and it's been such a long time, I am now interested to see what all the evidence is against him.

I won't go much into the Avery case... I know that case well and there are some strong views on both sides (which causes some issues) but I do agree, it sounds like that is the defense they are going with. Focused on CM, didn't look at anyone else that may have had a motive or the opportunity, etc.
 
missy1974 said:
Copied this from one of my posts in another thread, this is what the defense had up on the screen during OS's in regards to DK's ex:

Tracey Riccobene

  • October 26, 2018 went to investigators and defense to give statement.
  • Dan confessed to her that he murdered the family
  • Detailed statement
  • Held one of the boys at knife point to get the family out of the home
  • DK raped Summer
  • Wanted revenge against Joseph McStay for cheating him
  • DK buried the sledgehammer in graves
  • Was not in Hawaii - DK lied and provided false alibi
  • DK came back to the house and pretended he was Joseph
  • Known DK for years - Best Friend
  • Like a brother to me
  • Share music in common
  • Says DK is a genius manipulative mastermind
  • Full confession 2 weeks ago but had been hinting at it for a longer period of time
  • She told him to come forward - he refused.
  • After Riccobene told DK to come forward
  • He has been threatening her
  • She is terrified of him
  • He has no empathy toward other people
  • She feels it is her duty to come forward even though DK will harm her
  • Requests witness protection
Click to expand...
DK being a genius manipulative mastermind and confessing to his girlfriend that he murdered the McStay family does not reconcile.
 
Texas Red said:
DK being a genius manipulative mastermind and confessing to his girlfriend that he murdered the McStay family does not reconcile.
Click to expand...

Could it be that around that time, which is only a few months ago, he felt like he was going to get away with it with the trial coming closer and was just itching to tell someone?

All that really matters to me about his confession and her statement is what is in there that can be corraborated by the evidence, like the knife. If it is something that was generally known, then I think it can be overlooked, if not, it needs to be taken seriously. IMO
 
Cathy Russon‏ @cathyrusson
#McStay - Next witness is Kathleen Conwell. In 2010 she was an animal control officer for San Diego County. She was called to the McStay house about abandoned animals.

2:00 PM - 10 Jan 2019


I'm not listening at the moment because I have company.... I do recall in the early days being quite upset that animal control came out numerous times and yet left the dogs there.
 
I remember viewing a message exchange between DK and Joey. DK was threatening Joey and sounded unstable. Would this be allowed in court? DK isn't on trial but if the defense is trying to cast doubt that message exchange would do it
 
Cathy Russon‏ @cathyrusson
#McStay - Conwell was called out to the evening of Feb 14 2010. She heard dogs barking in the backyard, opened the gate, saw the dogs had food and blanket and closed the gate. She talked to next-door neighbor who gave her Mike McStay's phone number.

2:09 PM - 10 Jan 2019

Cathy Russon‏ @cathyrusson
When she talked to Mike McStay he told her police had already been to the house to do a welfare check earlier in the week.

2:10 PM - 10 Jan 2019
 
missy1974 said:
Could it be that around that time, which is only a few months ago, he felt like he was going to get away with it with the trial coming closer and was just itching to tell someone?

All that really matters to me about his confession and her statement is what is in there that can be corraborated by the evidence, like the knife. If it is something that was generally known, then I think it can be overlooked, if not, it needs to be taken seriously. IMO
Click to expand...
Has anything been disclosed regarding the credibility of DK's ex-girlfriend?
 
Cathy Russon‏ @cathyrusson
#McStay - On Feb 16, Conwell met up with Mike McStay. He took the dogs with him.

Cathy Russon‏ @cathyrusson
#McStay - Under cross exam the defense asks the animal control officer if the McStay's dog's breed, Rottweiler (mix) would jump in to help it's owner. She said she owns Rottweilers and one would , but the other two would probably "run for the chicken coop".

2:18 PM - 10 Jan 2019
 
Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 1h1 hour ago
#McStay - Court is back in session. Next witness is David Jackson. Jackson worked for the last witness. He was a security guard at the parking lot where the McStay's vehicle was towed from.

DwlKfuiUUAA-9cR.jpg

1 reply0 retweets1 like

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 60m60 minutes ago
#McStay - This photo was taken of the McStay's Isuzu Trooper in the mall parking lot at the Mexico border. This was taken at 11pm on Feb 8.

DwlLYJTU0AALruE.jpg

0 replies0 retweets0 likes

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 45m45 minutes ago
#McStay - Next witness is Kathleen Conwell. In 2010 she was an animal control officer for San Diego County. She was called to the McStay house about abandoned animals.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 37m37 minutes ago
#McStay - Conwell was called out to the evening of Feb 14 2010. She heard dogs barking in the backyard, opened the gate, saw the dogs had food and blanket and closed the gate. She talked to next-door neighbor who gave her Mike McStay's phone number.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 36m36 minutes ago
When she talked to Mike McStay he told her police had already been to the house to do a welfare check earlier in the week.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 33m33 minutes ago
#McStay - On Feb 16, Conwell met up with Mike McStay. He took the dogs with him.

DwlRupPUUAAZLCV.jpg

0 replies0 retweets0 likes

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 29m29 minutes ago
#McStay - Under cross exam the defense asks the animal control officer if the McStay's dog's breed, Rottweiler (mix) would jump in to help it's owner. She said she owns Rottweilers and one would , but the other two would probably "run for the chicken coop".

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 28m28 minutes ago
Defense trying to put in jurors' minds that if the family of four were being bludgeoned to death the dog would have tried to protect them. However, not sure he got there with her answer.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 26m26 minutes ago
#McStay - The next witness is Sgt. Michael Tingley, San Diego Co. Sheriff's Office. In 2010, he was a patrol deputy for the Fallbrook area.

DwlTnNwVAAAFhIS.jpg

0 replies0 retweets1 like

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 11m11 minutes ago
#McStay - On Feb 15, 2010 Tingley was called to the McStay home. The brother of the owner reported the family missing. He met Mike McStay at the house. He let Mike go in the window in the back and open the front door for him.

DwlXQ6WUwAA3N4W.jpg

0 replies0 retweets0 likes

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 10m10 minutes ago
#McStay - Tingley went inside the McStay to do a welfare check. He did a walk through with Mike McStay.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 8m8 minutes ago
#McStay - Tingley said he walked into each room with Mike. He took 5-6 some photographs while he was in the house.
 
Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2m2 minutes ago
#McStay - Sgt. Tingley took these photos on Feb 15. You see food on a plate on the counter in one of them. He said he didn't see signs of foul play, "It appeared whoever lived there just got up and left." He said it didn't seem normal so he contacted homicide unit

DwlZre1VsAA5NqN.jpg


DwlZre3UUAAIRrG.jpg

DwlZre8VAAAIK1z.jpg

DwlZre_UwAAsj6S.jpg

0 replies0 retweets0 likes

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 26s27 seconds ago
#McStay - My observation of jurors this week: Many note takers, pretty much all of them at various times. Some take a lot of notes. Very attentive. I haven't seen anyone seem bored or tired. Though this is week 1 of a months long trial.
 
oceanblueeyes said:
I'm sorry to know you are already disappointed so soon in the prosecutors case with months of testimony to go.

I'm not disappointed in them at all. I am sure by now or the further the trial goes along the jury will figure out the prosecution has been handed a much harder case because of the ridiculous unsupported theory held by the SD police that this family had just willingly left leaving behind 100K in the bank and traipsed off to Mexico without ever having any proof to support it.

But harder cases have been won. Now even missing body cases are being successfully won on a regular basis and in those they dont have any forensic nor know the location of crime scene or how the victims were murdered since the bodies weren't found.

So I'm very optimistic at this point .

They do have far more in this case than others that have resulted in convictions.

LE in SD has made it a much harder case to try especially when all family members were telling them this was NOT their family. By doing that by the time their bodies were discovered so much evidence was lost!

The McStay and Summer McStay families have been victimized not only by CM murdering 4 of their beloved family members but he wants his mouthpiece attorneys to do it again during their aggressive tactics.

Its revolting as when David Westerfield used his own mouthpiece attorney to berate and falsely accuse the parents of Daniele Van Dam when all along Steve Feldman KNEW DW was the one who had kidnapped, raped and murdered DVD. He had already told SF where her body was located. He pulled every dirty trick in the book trying to make sure he got a sexual predator free and back on the streets. Thank goodness the jury saw right through his rude...aggressive bully tactic of smoke and mirrors.

In this case it must drive the families crazy knowing they knew their own 4 family members better than anyone else on earth yet weren't believed.

I cant even begin to know how angry and how much pain that has caused all of these family members.

But even though its a harder case due to SD LE it is still very much a winnable case.

I dont see how anyone can know the state is not proving their case though when not even a week of testimony has occurred. I sure don't give up that easily on the state when it just began.

But I will admit sometimes I get a very strange uneasy feeling in this particular case/trial that some are already in the corner for the accused even before the trial began and before all of the evidence has been presented.

I've not seen such disdain before I don't think nor can I remember where other grieving family members of murder victims have been vilified by some when testifying for the prosecution who is only seeking justice.

I remember someone even calling Susan Blake a liar after her heart wrenching testimony this week. I was taken aback by the callousness of the label when she continued to be victimized by CM even after he had already murdered 4 of her family members. You would think the anger would be directed against CM the evildoer instead of a still obviously very traumatized mother and grandmother.

So for some reason this trial and some comments are far different than the countless others I've participated in for over a decade.

As each piece of evidence continues to come in for many months on end against CM, I do not believe for one minute the jury will just believe they are ALL merely coincidences!

Praying for justice.
Click to expand...

I love your post.:):)
It is very early days, and for CM to be arrested, so much more should be produced.
I am looking forward to this.
We already have snippets of this in financial/business records.
Then the phone, dates and locations.
Explanations to these will be interesting.
With the Defence showing up errors in people remembering dates etc so many years later, should not be of major concern.
MOO.
 
missy1974 said:
The only thing I could find was an article where the prosecutor said she has credibility issues, but the judge granted the motion to allow the statement.

I think it was in this article, but I have reached my limit on articles so can't read it:

Defense attorney claims another business associate of Joseph McStay was complicit in killing family – San Bernardino Sun
Click to expand...
Thank you for the link. The comment section below the article is also pretty interesting, it appears that quite a few folks have a dog in this fight.
 
tmar said:
I love your post.:):)
It is very early days, and for CM to be arrested, so much more should be produced.
I am looking forward to this.
We already have snippets of this in financial/business records.
Then the phone, dates and locations.
Explanations to these will be interesting.
With the Defence showing up errors in people remembering dates etc so many years later, should not be of major concern.
MOO.
Click to expand...

This all takes me back to how nervous and worried some were a few days into the Jodi Arias trial. Prosecutor Juan Martinez even treated his own witnesses as if they were hostile. But as information was methodically produced, the case was made. We’re only a few days in. Hang tight everyone!
 
ok all... I haven't been able to watch or listen but had the live feed on in the background... I just looked at it to see if it was still going... uhmmm what is with this officer's eyebrows? He looks uhmm surprised? LOL

I will have to listen to this testimony later when I am alone. Sounds interesting.
 
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