CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #10

[citygirl]

Joey Jr. always had his back pack, what better way to make them look like they just went on a drive, or vacation? If his back pack HAD been at the house, I believe several family members and acquaintances would have said "this isn't right". They noticed the double stroller was still in the house, maybe the back pack would have got them to push the button?
CM had access to the storage AND the property in Victorville. They may have been put there til they were buried.
Joey Jr. may have had the back pack on or one side looped on his arm when he was murdered seems the most likely scenario.

BBM. Was this family property or somewhere he rented?

 

[oceanblueeyes]

To me that is the smoking gun. Just can't fathom how people seem to overlook this stark fact.

ITA!

Imo, there are just too much overwhelming CE facts in this case the jury would have to completely ignore or chalk them all up as mere coincidences.

I dont care how good the DT thinks they are, but imo they will not be able to overcome all of this.

Imo it's as clear as crystal clear rainwater who murdered the entire McStay family.

Again I say, it will all come down to this:

'How many coincidences do they expect you to believe, and still be able to call yourselves reasonable people?' ADA Rick Distaso/ Scott Peterson's death penalty trial.

Thank goodness the weather is getting better. I'm so terrified of bad weather. Lol!

Jmo

 

[Niner]

Do we have court everyday night week besides Friday?

As far as we know, yes. PLUS there is a hearing on 3/8 Friday @ 9am re OSC: Failure to comply to subpoena order (Google & Microsoft).

And I don't think the jurors will be there that day.

 

[oceanblueeyes]

Joey Jr. always had his back pack, what better way to make them look like they just went on a drive, or vacation? If his back pack HAD been at the house, I believe several family members and acquaintances would have said "this isn't right". They noticed the double stroller was still in the house, maybe the back pack would have got them to push the button?
CM had access to the storage AND the property in Victorville. They may have been put there til they were buried.
Joey Jr. may have had the back pack on or one side looped on his arm when he was murdered seems the most likely scenario.

Poor little baby boy. It sounds like Joey Jrs backpack was like a little security blanket some kids have.

He probably thought it made him a little big man. Bless his sweet little soul.

Imo

 

[citygirl]

Poor little baby boy. It sounds like Joey Jrs backpack was like a little security blanket some kids have.

He probably thought it made him a little big man. Bless his sweet little soul.

Imo

I remember so well my little boys with all their get-ups. Especially at that age. Homemade swords, belts, capes....in Batman TShirts and Underoos and boots. Great fun. And Joseph's videos made them so endearing. We got an inside view on their shenanigans.

 

[Bernina]

BBM. Was this family property or somewhere he rented?

The parent's (deceased) home in Apple Valley. One of CM's siblings was living there at the time of the murders.

 

[citygirl]

The parent's (deceased) home in Apple Valley. One of CM's siblings was living there at the time of the murders.

WOW.

 

[Funky funky]

The parent's (deceased) home in Apple Valley. One of CM's siblings was living there at the time of the murders.

Was it ever forensically searched?

 

[Bernina]

Was it ever forensically searched?

Don't have a clue.

 

[citygirl]

Was it ever forensically searched?

Good question. They were buried for so long one would think that too much time had passed.

 

[oceanblueeyes]

This was fascinating in the profiler book Whoever Fights Monsters

In cases like these there are up to 3 actual crime scenes.

In reverse order we start with the graves/dumping spot - this is typically called the crime scene. The victims are seldom killed at this location.

Before that will have been a place where the murders happened - a place the killer feels safe and controls

And then first up, the place the victim(s) disappeared from

There may be significant overlap - e.g. as a killer becomes more confident

In the McStay case these is a lot of focus on where they were killed because of the mystery aspect but in cases I read about, this aspect was not so significant in terms of apprehending the killer. Indeed that interim location is often not found.

That's why I don't think it is a even an issue where they were actually murdered.

Imo, what is of most importance is only CM was inside of the McStay home on the 4th, the very day they all vanished without a trace, and later was found to have been murdered.

We also know where he buried them is a place the profilers call a murderer's 'comfort zone.'

It all fits, imo.

No matter where they may have been murdered it still points to CM, and no one else.

Those are the things that will matter.

Imo

 

[Force Ten]

This is a fantastic point T

1. He must have been given the 76 cheques or at least some of them before the 4th
2. He never stated the same to the investigators

So basically, none of this fantastic theory of accounting is supported by evidence at trial.

I also add to your analysis - where are the other 69 odd missing cheque blanks?

Did chase destroy this evidence?

failure to exhibit these blanks is a major issue for the defence IMO

I agree. They aren't yet done either. Much of the testimony is a bit drab, but actually reading some of the testimony, it really puts it in better clarity. I think when there is long testimony it probably lulls jurors into a doldrum state. I watched opening statements again today. Good stuff. Imo the state is going to effectively pull all this together in closing and there will be zero doubt that Merritt is responsible.

 

[MichaelCorleone]

I agree. They aren't yet done either. Much of the testimony is a bit drab, but actually reading some of the testimony, it really puts it in better clarity. I think when there is long testimony it probably lulls jurors into a doldrum state. I watched opening statements again today. Good stuff. Imo the state is going to effectively pull all this together in closing and there will be zero doubt that Merritt is responsible.

I hope you’re right, F10. I guess I want to feel sure myself, one way or the other, and I don’t. I listen to the prosecution and think, “By cracky, they’ve got the right guy. Then I listen to the defense and I think, “Maybe he really didn’t do it.”

Maybe the certainty I want will never exist with this case, but at least I want to feel like it couldn’t have been someone else.

 

[oceanblueeyes]

From a strategy perspective he would be stupid to testify because he has no alibi and has told to many porkies in his pre-trial statements

But I get that from a human perspective, he may be that cray

I truly think he is that narcissistic cray cray.

He has made a career out of fooling many.

I think he believes he can do it again.

 

[Funky funky]

Is it unusual for defendants to take the stand in these kind of cases? If I was falsely accusssed of murder (or anything really) I’d be screaming it from the rooftops,lol, so I can’t really get my head around an ‘innocent’ person not wanting to testify. I know there are probably mitigating factors though.

 

[citygirl]

Is it unusual for defendants to take the stand in these kind of cases? If I was falsely accusssed of murder (or anything really) I’d be screaming it from the rooftops,lol, so I can’t really get my head around an ‘innocent’ person not wanting to testify. I know there are probably mitigating factors though.

I have always felt the same, Funky, but in this case I think it would be his downfall.I watched a case when the defendant took the stand in his second trial. It was a hung jury. The Pros retried the case and his testimony came back to haunt him. He is now a lifer for murdering his wife. And it was a tight timeline, all based on CE.

 

[geevee]

Was it ever forensically searched?

Might get a clue by looking through the search warrants.

 

[citygirl]

I truly think he is that narcissistic crazy cray.

He has made a career out of fooling many.

I think he believes he can do it again.

I hope you are right. Would LOVE to see him on the stand. Will be gobsmacked if it happens. His attys are too slick for that to happen, IMO.

 

[geevee]

Is it unusual for defendants to take the stand in these kind of cases? If I was falsely accusssed of murder (or anything really) I’d be screaming it from the rooftops,lol, so I can’t really get my head around an ‘innocent’ person not wanting to testify. I know there are probably mitigating factors though.

If a defendant is claiming self defense, he pretty much has to testify to the events that led to the death, but like with this case, the defendant simply says he didn't kill anyone, and he has no ironclad (or otherwise) alibi for the time when the deceased were killed. CJ may try to establish one for him, but the phone records belie his being home that evening.

And he'd also have to explain this whole illogical new style of accounting that his defense attorneys claim were why he printed out checks to himself and apparently signed them himself.

And why his phone pinged in an area he originally said he hadn't been (grave site)...the prosecution will make him look like the biggest liar that ever graced the witness stand if he gets on it.

 

[Force Ten]

There is no smoking gun. It is a constellation of circumstances that point to the two timed ex con with a serious gambling habit and financial troubles. It is up to each juror to interpret that evidence. There is no evidence/proof that someone else committed this crime. This was not a murder/suicide. Someone put the family in those graves, and all signs point to the lying, thieving, ex-con,

Absolutely. Imo if there was a 'smoking gun' proof of murder, we wouldn't be here 4 years later but would have gone to trial in 2014 when Ponce was his attorney.