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

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JM may not have realised QB was accessed because the fraudulent cheques were deleted

This means they don't show up in QB

But that first check on the 2nd is one of the reasons for firing CM, and it's implied that Joey knew or found out because Joey was looking at quickbooks... phoning his bank... looking at quickbooks again... meeting with CM for 2 hours...

IIRC that check bounced as well?
 
That'll be the prosecution's argument.
Right, like if the cops say their hands are tied as far as being able to legally take the computers to investigate them until they can get a warrant, which is going to be hard to get without evidence of a crime, but they tell you if you can find anything let us know, any reasonable person trying to find their family would also probably take the computer and try to investigate themselves. The last thing they were probably thinking about was destroying evidence, these are people trying to find their family not seasoned investigators we are talking about. Unfortunately it was one mistake after another made by law enforcement and the family that created a recipe for disaster.
 
But that first check on the 2nd is one of the reasons for firing CM, and it's implied that Joey knew or found out because Joey was looking at quickbooks... phoning his bank... looking at quickbooks again... meeting with CM for 2 hours...

IIRC that check bounced as well?

One possibility is that JM checked QB and didn't find any cheque to CM for that amount so the called the bank back

I think it is clear he knew CM had tried to cash a fraudulent cheque but we don't know if he figured out how CM did it

Remember JM was on the road accessing QB off his phone
 
Right, like if the cops say their hands are tied as far as being able to legally take the computers to investigate them until they can get a warrant, which is going to be hard to get without evidence of a crime, but they tell you if you can find anything let us know, any reasonable person trying to find their family would also probably take the computer and try to investigate themselves. The last thing they were probably thinking about was destroying evidence, these are people trying to find their family not seasoned investigators we are talking about. Unfortunately it was one mistake after another made by law enforcement and the family that created a recipe for disaster.

Do they need a warrant if a family member is in lawful occupation of the house? Can't the occupier invite the police in to search?
 
Oh those pesky search warrant laws get in the way every time.


What does a search warrant have to do with the dogs going in to look around?

He said they didn’t think there was a crime hence why the dogs didn’t go in. Absolutely nothing to do with a search warrant at this stage.

He screwed up as the dogs were outside the home so he decided to not let them into the home. That’s on him.
 
What does a search warrant have to do with the dogs going in to look around?

He said they didn’t think there was a crime hence why the dogs didn’t go in. Absolutely nothing to do with a search warrant at this stage.

He screwed up as the dogs were outside the home so he decided to not let them into the home. That’s on him.
We'll have to agree to disagree. :)
 
So CM had a fresh hand injury and referred to JM in the past tense?
re Merritt referring to them all in the past tense, I'm nearly finished typing up the opening speech but I have done that part already so I'll post it now - (the recording when the detective speaks is terrible so some parts are missing)

Partial Transcript - Prosecutor's Opening Speech:

"And he says the following; [recording played]

Joseph – Jos - Joseph was one of my best friends [inaudible] obviously and my business associate and that’s not something I wanna live with, so

Detectives asked him about Joseph’s relationship with Summer;

You say about his wife did he love her?​

oh yeah yeah, he definitely loved her, um, he, she’s a pain in the butt, um, he was pussy-whipped.​

Any domestic violence did you ever observe?​

Never, Joseph was [answer cut]​

They next asked about basic questions - again it’s a missing persons’ investigation they’re still in the first 2 days of this - how tall Joseph was and how much he weighed, weighs;

How tall is he and how much does he weigh?​

Shorter than me I can actually tell you about what he weighed only because I..one of these articles here said his weight was 175 but he was 5 – 8 [5’8”] I would guess, he was I mean that’s about 5-8 isn’t it?

No [inaudible] about 5-6 so​

He was – he was definitely, definitely shorter than me (laughs).​

Next they asked about the condition of the house, if he had seen it, in particular that light that was in Joseph’s study that I showed you the photograph of, he was asked about that;

But I can tell you beyond a shadow of a doubt I know for a fact that that light I had never seen it off. Ok, he always leaves, he always left it on, because his kids get up in the middle of the night and they go downstairs and get water out of the, out of the refrigerator and he always left that light on and the door open so that they didn’t fall down the stairs.

They asked him questions about the children, Gianni and Joseph jr.;

Always [inaudible] these kids because his boys were I mean they would get up on the kitchen

I saw a video on youtube,…[inaudible] I saw how energetic they are.​

that’s a good word for it,

[inaudible] corporal punishment?​

No she didn’t believe in it, didn’t believe in any kind of corporal, she, I swear she would go stop it, stop it, stop it she would do that for half an hour until they lost interest in whatever they were doing and go about doing something else. (laughing) It was, oh god [inaudible], yeah.

They asked about those vehicles that I showed you earlier, the green Dodge and the white Trooper, where they were typically parked;

Do you know where… park the car the white SUV? [some parts inaudible]​

Directly in front of the house on the street. She always parked the truck in the driveway. She didn’t like him parking the white car next to it because she couldn’t get the kids in or out.

You might be asking or wondering why is he playing these clips? And why did I stress, why does he keep stressing two times that the sheriff’s department’s only known about this case for less than 48 hours. Because you may have noticed something about some of those clips, you may have noticed something about his speech in those clips, this is their first contact with him. SDSD noticed and this is what they said and this was his response;

Do you have any knowledge or information …[dead?]​

No.

…ask because you have used the past tense …you said Jo was, typically people don’t do that..alive​

Yeah

Any explanation as to why you may have done that?​

No, not really I just… no, I

And further;

It’s interesting because we deal with .. all the time and oftentimes they all will notify them their loved one is dead and they will still use the present tense because it really hasn’t set in. That’s why I’m asking you, you used past tense a couple of times it’s really unusual.​

Yeah. I have no idea, you know I’m not sure what, what I used past tense in context with er.. I have no idea why.

You said Jo was my best friend.​

Oh. I did.

You did.​

I don’t know why.

No one knows that they’re dead. San Diego’s conducting a missing persons’ investigation and he’s saying Joseph was my best friend. He’s saying the kids were energetic. In fact if you notice on one clip he corrects himself and says Joseph always leaves Joseph always left that light on. You’ll hear the entire interview, and you’ll hear that he does slip in and out."
 
We'll have to agree to disagree. :)
He was talking about the day he went there with a search warrant.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2m2 minutes ago
#McStay - Ret. Detective DuGal is back on the stand under direct examination. He's detailing the items collected when he went in on the 19th with a search warrant.


Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 17s18 seconds ago
#McStay - Cadaver dogs were brought to the home on the 19th. The dogs didn't alert to any signs of deceased persons. DuGal said he didn't believe the dogs went inside the house. They were in the back and the sliding door was open.

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 49s49 seconds ago
#McStay - DuGal said he didn't have any evidence that there were remains in the house so he didn't have the cadaver dogs go inside.
 
Thank you for this as it’s fantastic to read and couldn’t of been easy to write up. I definitely get the impression Chase didn’t like the kids and we all know he hated Summer. So it certainly answered the question of how could anybody ever do something so cold and calculated in my mind.






re Merritt referring to them all in the past tense, I'm nearly finished typing up the opening speech but I have done that part already so I'll post it now - (the recording when the detective speaks is terrible so some parts are missing)

Partial Transcript - Prosecutor's Opening Speech:

"And he says the following; [recording played]

Joseph – Jos - Joseph was one of my best friends [inaudible] obviously and my business associate and that’s not something I wanna live with, so

Detectives asked him about Joseph’s relationship with Summer;

You say about his wife did he love her?​

oh yeah yeah, he definitely loved her, um, he, she’s a pain in the butt, um, he was pussy-whipped.​

Any domestic violence did you ever observe?​

Never, Joseph was [answer cut]​

They next asked about basic questions - again it’s a missing persons’ investigation they’re still in the first 2 days of this - how tall Joseph was and how much he weighed, weighs;

How tall is he and how much does he weigh?​

Shorter than me I can actually tell you about what he weighed only because I..one of these articles here said his weight was 175 but he was 5 – 8 [5’8”] I would guess, he was I mean that’s about 5-8 isn’t it?

No [inaudible] about 5-6 so​

He was – he was definitely, definitely shorter than me (laughs).​

Next they asked about the condition of the house, if he had seen it, in particular that light that was in Joseph’s study that I showed you the photograph of, he was asked about that;

But I can tell you beyond a shadow of a doubt I know for a fact that that light I had never seen it off. Ok, he always leaves, he always left it on, because his kids get up in the middle of the night and they go downstairs and get water out of the, out of the refrigerator and he always left that light on and the door open so that they didn’t fall down the stairs.

They asked him questions about the children, Gianni and Joseph jr.;

Always [inaudible] these kids because his boys were I mean they would get up on the kitchen

I saw a video on youtube,…[inaudible] I saw how energetic they are.​

that’s a good word for it,

[inaudible] corporal punishment?​

No she didn’t believe in it, didn’t believe in any kind of corporal, she, I swear she would go stop it, stop it, stop it she would do that for half an hour until they lost interest in whatever they were doing and go about doing something else. (laughing) It was, oh god [inaudible], yeah.

They asked about those vehicles that I showed you earlier, the green Dodge and the white Trooper, where they were typically parked;

Do you know where… park the car the white SUV? [some parts inaudible]​

Directly in front of the house on the street. She always parked the truck in the driveway. She didn’t like him parking the white car next to it because she couldn’t get the kids in or out.

You might be asking or wondering why is he playing these clips? And why did I stress, why does he keep stressing two times that the sheriff’s department’s only known about this case for less than 48 hours. Because you may have noticed something about some of those clips, you may have noticed something about his speech in those clips, this is their first contact with him. SDSD noticed and this is what they said and this was his response;

Do you have any knowledge or information …[dead?]​

No.

…ask because you have used the past tense …you said Jo was, typically people don’t do that..alive​

Yeah

Any explanation as to why you may have done that?​

No, not really I just… no, I

And further;

It’s interesting because we deal with .. all the time and oftentimes they all will notify them their loved one is dead and they will still use the present tense because it really hasn’t set in. That’s why I’m asking you, you used past tense a couple of times it’s really unusual.​

Yeah. I have no idea, you know I’m not sure what, what I used past tense in context with er.. I have no idea why.

You said Jo was my best friend.​

Oh. I did.

You did.​

I don’t know why.

No one knows that they’re dead. San Diego’s conducting a missing persons’ investigation and he’s saying Joseph was my best friend. He’s saying the kids were energetic. In fact if you notice on one clip he corrects himself and says Joseph always leaves Joseph always left that light on. You’ll hear the entire interview, and you’ll hear that he does slip in and out."
 
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