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

[missy1974]

I can't believe I am still waiting for L&C's upload. I want to see it!!!!

RIGHT!!! me too! Addi had said that she is not getting the video as quickly as before ... for now... I'm thinking a slow boat from China? LOL

 

[asyousay]

The defense has stated that they believe that both Chase and Joey were doing this in the Custom QB's account, so they are saying it was Joey doing it on the night of the 4th. I believe (found it) it was in Det. Hanke's testimony where they kind of laid that out. Something was done on QB's... Joey called Chase. Something was done on QB's... Chase called Joey, and so on. It's not a theory that JMarsh is pulling out of their a$$, it comes from testimony and what the defense has been saying IMO


Here is from my notes from Hanke's testimony:

Feb 1st

QB cheques edited 12:34 ended at 12:52

Merritt phone records - Joey calling CM 9min 56sec….. 11 minutes after the QB's activity. 1;03pm


Feb 2nd:

11:27am cheque added

11:29am cheque added

both deleted at 11:37


Merritt calling Joey - 10:56am, multiple calls for insignificant amounts of time, seconds.

Then called at 11:46am, Merritt to Joey 3min 24seconds…. 9 minutes after the last cheque was adjusted.

12:04pm another call, merritt to joey over 13 minutes.


Feb 4th

cheque added 7:59, deleted at 8:05

Joey calls Merritt at 8:28pm 23 minutes after cheque was deleted.


Feb 5th

first cheque added at 12:06pm last one deleted 12:39pm sign out at 12:40

Call - 10:59am Chase to Joey. 55 seconds.

Call - 12:49 pm Chase to Joey 53 seconds


Feb 8th

Cheque added at 2:20pm deleted at 2:25pm

Call - Chase to Joey 1:55pm 1 min 12 seconds. 25 minutes before the cheque was added.

Calls to QB's a little after 3pm. 1 hour 47 minute phone call to QB's - after that another call from Merritt to Joey (no time given)

But according to the prosecution Joey is dead by the time Chase writes that 8pm cheque and we have yet to see any proof that Joey ever deleted a cheque in all the time of using Quick Books. So I don’t buy the excuse that Chase had permission to do this.


ETA - I also do Not believe the family were alive until the morning because zero phone communication by Joey or Summer that they were alive.

 

[Tortoise]

I don't know, but the prosecution has said that the he was burying them when his phone was recording towers.

Where did they say that?

 

[wary]

If CA is like AZ, if after the guilt phase there is a conviction, there will be an aggravation phase (and if the jury agrees to aggravating factors) then a sentencing phase where they can recommend a sentence of life or death. I happen to be anti-DP but as I believe CM is guilty, he should spend the rest of his life behind bars.

CA is like AZ, in this respect.

 

[mrjitty]

ok, I am not disagreeing with you, but you need to listen to Boles testimony. On direct, this is not what he said. He said the calls that do not have tower information, it was one of 3 reasons.... airplane mode/off/out of range. There is no denying that the prosecution has said his phone was "off" during that time. I guess it's still possible, but it is not proven.

This was all in the prosecution opening statement.

Without ping data, we cannot say which it is. If I turn my mobile off right now, it will log off the network and this ping data would be available in a court case, depending on how long it is saved. So you would know my phone is off, whether or not it was called, and you will know when I turn it back on, when it shakes hands with the network. Whereas, if I go in the cellar (a blackspot) the network likely will not realise this, and could fail to find my phone if you call me. Just straight to voice.

So we can't say the phone is off. But seeing the amount of calls straight to voice on the night of the 4th - it most likely was off.

And Boles was just plain wrong about VM calls. He said they would have recorded a tower had his phone been on and at home, this is not the case. Almost all of the calls that went to his phone that went to VM, did NOT record tower info.

Even Bachman said that his understanding when he was questioning Merritt in that 8 hour long interview was that the phone was off the evening of the 4th based on what he was told.

This will certainly be key for the defense.

 

[mrjitty]

Where did they say that?

Yeah - that is not my understanding

 

[missy1974]

But according to the prosecution Joey is dead by the time Chase writes that 8pm cheque and we have yet to see any proof that Joey ever deleted a cheque in all the time of using Quick Books. So I don’t buy the excuse that Chase had permission to do this.

Actually there was mention or implying of this from the defense, in the audit history of the Contact QB's account, I think it may have been in Hanke's testimony as well.

The defense also asked Smith if he ever looked at the 92 pages of cheque details from QB's, he hadn't... they then asked him if he would be surprised to know that all the memo's were written in lower case? (this was objected to and sustained) So it's another thing I expect to see when the defense gets their turn. I will add it to my list haha

The defense has implied a lot of things, they are not proven yet either.... JMO

 

[mrjitty]

It's not a theory that JMarsh is pulling out of their a$$, it comes from testimony and what the defense has been saying IMO

But that is the trouble

"the defense has been saying" yet it does not come from Chase's testimony (so far)

Only chase has personal knowledge of the content of those calls.

There is in fact, no evidence to support this theory. It is cut from whole cloth by Counsel

 

[missy1974]

Where did they say that?

They have heavily implied that, don't you think?

 

[missy1974]

This was all in the prosecution opening statement.

Without ping data, we cannot say which it is. If I turn my mobile off right now, it will log off the network and this ping data would be available in a court case, depending on how long it is saved. So you would know my phone is off, whether or not it was called, and you will know when I turn it back on, when it shakes hands with the network. Whereas, if I go in the cellar (a blackspot) the network likely will not realise this, and could fail to find my phone if you call me. Just straight to voice.

So we can't say the phone is off. But seeing the amount of calls straight to voice on the night of the 4th - it most likely was off.



This will certainly be key for the defense.

I disagree @mrjitty

 

[Tortoise]

They have heavily implied that, don't you think?

Nope, not burying them while he was on the phone.

 

[mrjitty]

I disagree @mrjitty

On what basis?

 

[mrjitty]

Nope, not burying them while he was on the phone.

+1

This is absurd.

Of course he didn't make calls from the grave site.

He got back on the road - which is close by, and made calls from there.

 

[mrjitty]

They have heavily implied that, don't you think?

I have not had that impression at all.

IMO they more place him in the area of the graves which is suspicious

 

[missy1974]

But that is the trouble

"the defense has been saying" yet it does not come from Chase's testimony (so far)

Only chase has personal knowledge of the content of those calls.

There is in fact, no evidence to support this theory. It is cut from whole cloth by Counsel

And you are free to disregard it. I would agree that the defense implying things doesn't make it true and it needs to be "proven".... but I also feel the same for the prosecution. There are a lot of things in this case that does not have evidence to support the theory. JMO

 

[oceanblueeyes]

Other than your assumption that Chase is the killer here, what evidence is there that Chase had no boundaries.

What the evidence has shown he did when his victims remains were shown, and how he murdered them all.

Being capable of crushing in the two skulls of two small boys with a sledge hammer shows he has no boundaries to his depravity.

He will stoop as low as a snakes belly, imo. Nothing is too low for him.

Imo

 

[Penny Parker]

Have you read her posts & the timeline she has put together? I'd have to go back & collect all Tortoise's posts to explain "how" and "what" evidence convinced me.



Sorry - I'm not following about "linked timeline" - do you have a link? Or is it the one I posted? A bit confused....

The one you posted

 

[geevee]

CA is like AZ, in this respect.

Thanks, wary!

In furtherance of my reply above, I don't believe that CA asking for the DP has any bearing on his actual guilt, nor do I believe that a circumstantial evidence case is any weaker than a direct evidence case. I watched CSI in its infancy but don't cotton to the notion that 'if the video doesn't exist, you must acquit'.

When you tie all of the circumstantial evidence in this case together, CM is the killer of a family of four, and deserves whatever punishment the jury believes fits the crime.

 

[missy1974]

I disagree @mrjitty

I disagree that his phone was "most likely off". I base my opinion on what I heard in Boles testimony. It's my opinion ;-)

 

[missy1974]

+1

This is absurd.

Of course he didn't make calls from the grave site.

He got back on the road - which is close by, and made calls from there.

So what time do you think he buried the bodies on the 6th? Based off of the cell tower info that we have? I'm curious