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

[MichaelCorleone]

The person that uploads it, needs the footage before she can upload it lol I don't think she has it yet to upload Maybe they got a new camera guy?

I'm annoyed by it myself lol but whatever, we will have it eventually!

There is no way she doesnt have it yet. She is they only one who edits the footage and uploads it to YouTube. Maybe they need to get her some assistance. They clearly do not have enough cameras to cover the trials they want to be covering and it seems they don’t have enough people to deal with the results of the coverage. I agree with citygirl; it is a Mickey Mouse operation.

 

[Bernina]

Another interesting article....

Defense attorney claims another business associate of Joseph McStay was complicit in killing family – San Bernardino Sun

"Judge Michael A. Smith sided with the prosecution, concluding the evidence was speculative. Smith, however, did allow the defense to introduce DNA found at the McStay grave sites, on Summer McStay’s bra and other items in the two graves, that did not match that of Merritt or the four victims. That DNA has so far not been matched to Kavanaugh or any other person of interest in the case."

BBM What EXACTLY does that mean? It HAS or HASN'T been tested against POIs?

The article also goes into the email chain between JM and DK about the business buy out and DK's threats in January 2009. Obviously, both of them got beyond that incident. I'd like to see the emails, but being that the incidents were a year prior to the murders and JM had all but paid off DK (per CM's interview with LE) I don't see the relevance.

 

[Edmo]

I can't help but notice the irony of Bennett's possible involvement and the fact he was pulled in for questioning in the Hillside Strangler case.

JMO

Really? Wow . . . .

 

[katydid23]

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)

I think that^^^ is a laughable defense argument. Look at the pattern of calls between them. They made multiple calls to each other every day. And was Chase messing in Joey's QB on those days? NO.

So why do we ASSUME that any of those calls were made to 'help' Chase forge these checks?

Maybe they should try and explain why Joey would want his employee, who was a felon, and a known thief with a gambling addiction, to have Joey's banking passwords and why he would want him to begin writing his own checks, and BACKDATING and DELETING them from the entry logs.

I have not seen them explaining that yet.

 

[Edmo]

Is this his older brother? Does he have a criminal history like CM?

How many brothers does he have?

Tia

I read on another "forum" that an employee of CM's ***supposedly*** said that one time CM & Bennet got into a fist fight at work. CM started losing and picked up a steel pipe and beat Bennet with it. How true it is, I don't know?

 

[katydid23]

I would like to add that I find it intriguing that Chase starts to write cheques out and within days the family are Murdered.

It’s funny how they worked together for years and Chase never got to write his own cheques from Joey and when he finally does start to do it the family are killed.

That’s one hell of a coincidence!!!

I know that some are trying to deny the connection between these 2 things. But I think the jury will have a hard time accepting that it was just another 'unlucky coincidence' for Chase.

 

[Edmo]

ohhhhhh sneaky! thanks! LOL

 

[HelenK]

I read on another "forum" that an employee of CM's ***supposedly*** said that one time CM & Bennet got into a fist fight at work. CM started losing and picked up a steel pipe and beat Bennet with it. How true it is, I don't know?

I've heard that also. Bennett is the one who called out, "I love you, brother," when CM was arrested and hauled in by LE. That's one heck of a family -

 

[Edmo]

Can the defense get a search warrant for DNA?

They can get a court order.

 

[katydid23]

That he asked Joey's Mom for money after killing her entire family.

Yes, good example.

And that he talked trash about Summer, publicly putting her down in hateful ways, while she was a victim of a brutal murder. No boundaries nor human decency.

 

[missy1974]

I think that^^^ is a laughable defense argument. Look at the pattern of calls between them. They made multiple calls to each other every day. And was Chase messing in Joey's QB on those days? NO.

So why do we ASSUME that any of those calls were made to 'help' Chase forge these checks?

Maybe they should try and explain why Joey would want his employee, who was a felon, and a known thief with a gambling addiction, to have Joey's banking passwords and why he would want him to begin writing his own checks, and BACKDATING and DELETING them from the entry logs.

I have not seen them explaining that yet.

I will say to you what I said earlier in another post... watching up until now, this is where the defense is going.

As for you have not seen them explain it yet... it should be noted that we have not seen the defense case at all yet.

I personally doubt that they can show it, unless there is some written verification... but there are a lot of things in this case that are ASSUMED without proof.

JMO

 

[citygirl]

I read on another "forum" that an employee of CM's ***supposedly*** said that one time CM & Bennet got into a fist fight at work. CM started losing and picked up a steel pipe and beat Bennet with it. How true it is, I don't know?

Well now that you have posted this. Did you read about when he caught the cat by his tail and swung him around to the horror of his children? Can we post this stuff? If not the mods can delete it.

 

[katydid23]

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

Chase was asked about those checks in interviews by LE. Did he say that Joey was teaching him to use Joey's QB by calling him after each entry Chase made while logged into Joey's account, and tutored him as he created and cashed that check?

NO, he told LE that Joey came to the lunch meeting and gave him those checks. WHY WOULD HE LIE ABOUT THAT IF HE WAS NOT DOING ANYTHING WRONG?

 

[katydid23]

I will say to you what I said earlier in another post... watching up until now, this is where the defense is going.

As for you have not seen them explain it yet... it should be noted that we have not seen the defense case at all yet.

I personally doubt that they can show it, unless there is some written verification... but there are a lot of things in this case that are ASSUMED without proof.

JMO

They will NEVER be able to show it or prove it because Chase already screwed it up by lying to the detectives about those checks.

He already tried to pretend Joey created them and brought them to the lunch meeting. There is no coming back from that, by pretending it was a 'new, offbeat' accounting strategy, or by claiming Joey was tutoring him by phone on how to create and backdate checks.

 

[katydid23]

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

I think the 'assumptions' made by the prosecution make more common sense than some of the explanations by the defense.

It is basic common sense that Chase was doing something shady with that QuickBooks stuff. It looks very sneaky and suspicious.
Is the jury really going to believe that Joey handed over passwords to his bank account to a gambling addict, thieving ex-con, who had financial issues?

And then Joey and his family vanish, and Chase is the last one known to see Joey? But we aren't supposed to see that as 'connected' somehow?

 

[missy1974]

They can get a court order.

They can? I can't find anything that says they can....

First, they would need probable cause.... Since they have charged and have someone on trial for the murders, I am not sure "because we think he did it" is going to give enough probable cause to get a judge to sign that ...

JMO

 

[katydid23]

1. At midday on the 5th, how could he know "Joey was not around"?

It’s possible early on CM didn’t know. It’s not vital that he knew immediately JM was missing since it was something he’d been doing all along anyway.

2. He must have created the first Paul Mitchell Cheque in Joey's office

IMO data retrieved from the office computer is not reliable because the computer had been removed from the house and was in the possession of others.

I don't think the desktop was removed from the home, was it? I thought it was the laptop, IIRC.

 

[Edmo]

They can? I can't find anything that says they can....

First, they would need probable cause.... Since they have charged and have someone on trial for the murders, I am not sure "because we think he did it" is going to give enough probable cause to get a judge to sign that ...

JMO

Probable cause is for LE. A Defense Attorney CAN ask a Judge for a Court Order for almost any reason, as long as the Judge deems it "reasonable" for their case.

A court order is just that: A court order. Once a Judge signs it, it is the same as a "warrant." Whether it's removing kids from a home, a judgment/lien etc. The "person" who has a court order against them HAS to comply.

 

[Edmo]

Well now that you have posted this. Did you read about when he caught the cat by his tail and swung him around to the horror of his children? Can we post this stuff? If not the mods can delete it.

Yes, unfortunately.

 

[missy1974]

Probable cause is for LE. A Defense Attorney CAN ask a Judge for a Court Order for almost any reason, as long as the Judge deems it "reasonable" for their case.

A court order is just that: A court order. Once a Judge signs it, it is the same as a "warrant." Whether it's removing kids from a home, a judgment/lien etc. The "person" who has a court order against them HAS to comply.

ok, but they still have to have a reason, right? Is "because we think he did it" going to be a good enough reason?