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

[Texas Red]

Sorry, but I am confused here. What evidence are you referring to that could have been planted?

The question I replied to was " How do we know it was CM that accessed JM home computer?"

I assumed that meant " How do we know it was CM that backdated and created those checks from Joey's account?"

I was not speaking about the computer being taken from the home because CM actually put those checks into his own account and used that money to gamble in various casinos.

So I don't think it matters what happened to that computer AFTER those checks were written and cashed. JMO

From your original post you stated,

“would he be there in the house, messing with the QB accounts, writing himself checks”

I thought you were referring to the check that the prosecution contends CM printed out and then deleted from the PC located at JM house on the night of Feb. 4th. Sorry, about the confusion.

 

[Texas Red]

I don’t understand how any evidence found in the home or on the computer removed by MM could be used in this case. Wouldn’t it be considered compromised?

Good question, I also would like to know, it seems to me that there would be a chain of custody issue preventing its introduction into evidence.

 

[Tortoise]

And if I'm remembering testimony correctly- Mike said he drove by the house on Feb 6th?? Why would he do that? Not only did he live far away but supposedly he didn't know his brother was missing until the 9th....or the 10th. So, if he really did drive by on the 6th, then WOW. All that means to me is he is involved somehow, if he really did drive by on that date. His testimony became painful to watch.

On redirect that is cleared up by the prosecutor - he was shown interview notes from 15th Feb to refresh his memory which show that he was asked by detectives on 15th to confirm what he had reported earlier that morning - that he had driven by the house on Feb 4th - and he said it was not him but CM who had driven by the house - and additionally his own first time of going to the house was the 13th.

start at 26:30

 

[missarmchair]

On redirect that is cleared up by the prosecutor - he was shown interview notes from 15th Feb to refresh his memory which show that he was asked by detectives on 15th to confirm what he had reported earlier that morning - that he had driven by the house on Feb 4th - and he said it was not him but CM who had driven by the house - and additionally his own first time of going to the house was the 13th.

start at 26:30

thank you for that! It is hard to keep up with, esp when the witness is going back and forth and changing dates.

 

[Mica]

On redirect that is cleared up by the prosecutor - he was shown interview notes from 15th Feb to refresh his memory which show that he was asked by detectives on 15th to confirm what he had reported earlier that morning - that he had driven by the house on Feb 4th - and he said it was not him but CM who had driven by the house - and additionally his own first time of going to the house was the 13th.

start at 26:30

Testimony from Det. Edward Bachman from the Preliminary Hearing transcript:

Snip

14 Q After receiving the call from their dad, Patrick, did
15 Michael McStay say that, or indicate to you that he attempted to
16 contact Joseph, Sr.?
17 A He did.
18 Q And did he say he did that on February 9th of 2010?
19 A Yes.
20 Q And what did he say was the result of that attempt to
21 contact his brother, Joseph, Sr.?
22 A He was unable to contact him. Nobody was there at the
23 house.
24 Q Did he call or did he go to the house?
25 A He went out to the house.
26 Q Did he attempt to call as well?
27 THE COURT: What date was that?
28 THE WITNESS: February 9th.
35
1 THE COURT: February 9th. Okay.

State of California VS Charles Ray Merritt: Part One - Transcript of Charles Merritt Preliminary

 

[Bernina]

All I'm going to say is MM has been consistently
inconsistent over the last 9 years, but he holds a few gems in his head that will help this case. As we've seen, other witnesses help clear up the inconsistencies. He's doing the best he can and I'll give him that.

 

[Quiet Time]

\


Speaking of DNA, I was shocked to hear none of Chase's DNA was found in the graves or on the victim's clothing...yet, unkown DNA belonging to (I think it was 3) different individuals was found and is still awaiting test results.

Gloves?

 

[ehenson88]

I kinda think that's a bluff...they're waiting for DNA results in the 11th hour? I think it's throwing stuff at the wall and hoping it sticks when the jury goes back to deliberate.

Also the way they described the method of collecting it as a wet vac. If other DNA is found all it shows is that at one point in time other people may have touched the items but it doesnt mean they are the killers.

 

[Force Ten]

And his attitude about it was so entitled and strange. "I can do whatever I want" is what he said in the video footage.
Interesting that on the desktop computer he took, a conversation was found that Joey had saved between him and Kavanaugh, in which Kavanaugh is threatening Joey. Can't help but wonder if there was damming evidence against Mike on that computer, which is why he took it. No one should have been allowed inside that house, not to mention, allowed to remove a computer. Baffling.

He didn't take the desktop.

 

[Force Ten]

Good question, I also would like to know, it seems to me that there would be a chain of custody issue preventing its introduction into evidence.

We don't know if the laptop which Mike took is part of evidence.

 

[HelenK]

snip
So far, I find myself going back to my thoughts on the early days of this case: That Mike McStay and Dan Kavanaugh are liars and know much more than they are telling. Is it possible they are masterminds that framed Chase? Or, all 3 were involved, but only Chase is taking the fall? I wonder.
snip

If that were the case, Chase would have ratted on the others involved faster than a New York minute, rather than languishing behind bars all alone. He would have loved the company. There is, after all, no honor amongst ........................

 

[Plumeria5]

Has Rick Baker been in court does anybody know?

I remember his book and then his stupid blog which was ridiculous and I am wondering if he is still around as he was such a big part of this all for awhile.

I thought I read he died.

 

[Texas Red]

He didn't take the desktop.

My understanding is it was the desktop that MM removed from the house, but even if that's incorrect there still would be a chain of custody issue since the desktop was left unattended at the crime scene and accessible to others.

 

[Texas Red]

I thought I read he died.

I hadn't heard that. I did a search but all I could find was his Amazon page where he contends that someone is reprinting his book 'No Goodbyes' and selling new copies on Amazon without his permission.
Rick Baker

 

[HelenK]

I thought I read he died.

His wife Becky died of cancer not long ago.

 

[Force Ten]

My understanding is it was the desktop that MM removed from the house, but even if that's incorrect there still would be a chain of custody issue since the desktop was left unattended at the crime scene and accessible to others.

Well they could tell if someone accessed the computer and when. The reported last time the desktop was accessed was on February 4 at 8:05 pm.

 

[Texas Red]

Well they could tell if someone accessed the computer and when. The reported last time the desktop was accessed was on February 4 at 8:05 pm.

Not if it was someone that really knew what they were doing.

 

[Plumeria5]

His wife Becky died of cancer not long ago.

Ok, that is what it was. I do remember someone mentioning cancer.

 

[Force Ten]

Not if it was someone that really knew what they were doing.

Right, I seriously doubt Mike is that computer savvy. He fixes and installs sprinkler systems, not computer systems. Unless you want to pull DK into the equation, which is really reaching.

 

[Texas Red]

DK is exactly who I was thinking of.