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

[oceanblueeyes]

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.

Oh no doubt, they will get it on the record they strongly advised him not to testify.

They do that to make sure it's not an appellate issue for him to use in case he is convicted.

But it's all his call to make, and not his attorneys.

Imo

 

[oceanblueeyes]

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.

Its unusual for a defendant to take the stand, but the ones I have seen who did, they turned out to be horrible witnesses, and it ended badly for them.

When the defendant takes the stand the burden shifts even if its subliminally.

The jury will either believe they are credible or the biggest liars to take the stand.

I know CM thinks he's a smooth operator, but imo, he will not do well under cross. He has way too much baggage, and inconsistent statements.

Imo

 

[citygirl]

Its unusual for a defendant to take the stand, but the ones I have seen who did, they turned out to be horrible witnesses, and it ended badly for them.

When the defendant takes the stand the burden shifts even if its subliminally.

The jury will either believe they are credible or the biggest liars to take the stand.

I know CM thinks he's a smooth operator, but imo, he will not do well under cross. He has way too much baggage, and inconsistent statements.

Imo

BBM. I have been waiting since Friday to view his sister's testimony. Want to assess for myself if the jurors found her credible or if I find her credible. We are at such a disadvantage right now with limited coverage. I have relied on all the good posters here to keep me apprised. Both sides of the argument. Some very astute people here for which I am grateful .You being amongst them.

 

[katydid23]

Joey needed to give Chase access to money to purchase supplies to make the fountains including money for Metro Sheet Metal. So no Feb 1 or 2 he created a way to do that & keep track of it all without having to drive up to Rancho Cucamonga all the time. Was Joey stupid? I don't think so.

If things were going to get busy with the custom fountains he would not be able to afford the time to keep meeting with Chase & tallying up what was owed. He might have wanted to keep Chase away from Summer too, if she was complaining. Rightly or wrongly he seems to have trusted Chase. He also trusted DK with access to his money via Paypal after he had paid him out (according to McGyver)? So isn't that just as suspicious?

Right. And when I needed to find a way for our son to pay his college tuition and buy books, I used Quickbooks to do so.

Did I tell my son to use MY log in code, and to sign MY NAME to the checks? Did I tell him to create checks and then to DELETE any trace of him doing so?

NO, NO and NO.

I gave him his own passcode, so I wouldn't be locked out of MY account if he was logged in too.
And I had him sign his own checks from the joint portion of the account.
And I made sure to check the logs so I knew when he had a check that was going to be debited. Why the heck would I ever tell him to delete that info?

Allowing him to create checks and then sign MY signature would be illegal and fraudulent.

 

[Force Ten]

I can't help but wonder why he backdated the checks on the 5th to the 4th - did he expect the bodies would be found shortly and LE would know they had all been killed on the 4th?

Did he not plan to bury them until the 5th, then go out there that night, dig the graves and then take them all there on the 6th? Where oh where did he keep the bodies between the 4th and the 6th?

Decomp smell would have pervaded the house if he'd just left them there so it must have been elsewhere, but why on the 5th did he think there was evidence that the family was killed on the 4th, necessitating him to backdate the checks?

I think he had the bodies stored somewhere in or near VV.

 

[katydid23]

Sometimes he was also given them and delivered them on site. But Joey had a history of mailing cheques, so there was simply no need to "save gas"

You want to 'save gas' so instead of simply transferring funds into Chases's account or mailing a check to him, you give him access to your bank account and tell him to write himself checks and sign your name, whenever he wants to?

 

[katydid23]

They were utilizing PayPal. Why not use PayPal to save drive time, etc?

Right. And joey could easily go into a local bank near him, or his own bank, and deposit money in Chase's account.

 

[Texas Red]

BBM How is this proved to be untrue? As per testimony, the VM's were deleted.

It certainly would be nice if the people posting incriminating comments directed towards CM, would at least post a link or explain how the arrived at such a conclusion.

 

[Force Ten]

F10, do you have info on CM's parent's place out on Apple Valley? I've got the areal view but not the specs for how far away from the graves it was or if/when it was sold after the murders. Haven't gone through the search warrants to see if it was actually searched at any point. One of his siblings were living there at the time of the murder.

*Oops (added: I wonder if that's why CM's sibling had his DNA taken?)

It's about 16 miles. I'm unsure where BM was living at the time but the other brother was living there.

 

[Recidivist]

It certainly would be nice if the people posting incriminating comments directed towards CM, would at least post a link or explain how the arrived at such a conclusion.

The man is on trial for murdering four innocent family members, including two babies. It's likely comments about him will be less than favorable. I don't know about anyone else but it is the evidence that has been presented at his trial, which has led me to my conclusions.

 

[Mony Mony]

Re: the deleted VM.....apparently you can delete VM while in airplane mode. It is kind of leap for me to think CM put Joey's phone in airplane mode, then deleted the messages, but it is possible.

I do believe there was something incriminating on those VMs that prompted someone (i.e. the murderer/defendant) to delete those voicemails. I just don't know how he did it.

 

[Bernina]

It's about 16 miles. I'm unsure where BM was living at the time but the other brother was living there.

Thanks!
I haven't found any unsealed warrants which named that property. Curious.

 

[Force Ten]

It certainly would be nice if the people posting incriminating comments directed towards CM, would at least post a link or explain how the arrived at such a conclusion.

There is testimony that CM only called JM twice. Nothing about the duration of the calls. VM's are non-existent. IIRC, the defense didn't ask about call durations either. On that, I would also conclude CM never left a VM.

If you're not content with my conclusion, feel free to flag my post.

 

[Force Ten]

Re: the deleted VM.....apparently you can delete VM while in airplane mode. It is kind of leap for me to think CM put Joey's phone in airplane mode, then deleted the messages, but it is possible.

I do believe there was something incriminating on those VMs that prompted someone (i.e. the murderer/defendant) to delete those voicemails. I just don't know how he did it.

But is that by today's standards? Was this possible in 2010?

 

[Mony Mony]

But is that by today's standards? Was this possible in 2010?

It appears so. Deleted voice mails keep reappearing - Apple Community

I just did a cursory review and that is what I found.

 

[Edmo]

I can't help but wonder why he backdated the checks on the 5th to the 4th - did he expect the bodies would be found shortly and LE would know they had all been killed on the 4th?

Did he not plan to bury them until the 5th, then go out there that night, dig the graves and then take them all there on the 6th? Where oh where did he keep the bodies between the 4th and the 6th?

Decomp smell would have pervaded the house if he'd just left them there so it must have been elsewhere, but why on the 5th did he think there was evidence that the family was killed on the 4th, necessitating him to backdate the checks?

IMO, people on WS's seem to "ignore" the fact CM backdated cheques. Why? CM KNEW at the time that they had been killed and helped himself to JM's $$$$. ONLY the killer would know that at the time, IMO.

 

[Tortoise]

Re: the deleted VM.....apparently you can delete VM while in airplane mode. It is kind of leap for me to think CM put Joey's phone in airplane mode, then deleted the messages, but it is possible.

I do believe there was something incriminating on those VMs that prompted someone (i.e. the murderer/defendant) to delete those voicemails. I just don't know how he did it.

Is it possible that the calls he made to Joey (the 9th was his last call) could have been him listening to Joey's voicemails and then deleting them?

I don't know what would show up on Chase's call records if he was dialling Joey's number and then pressing the hash key and entering a pin number.

 

[Longtimenoc]

Its unusual for a defendant to take the stand, but the ones I have seen who did, they turned out to be horrible witnesses, and it ended badly for them.

When the defendant takes the stand the burden shifts even if its subliminally.

The jury will either believe they are credible or the biggest liars to take the stand.

I know CM thinks he's a smooth operator, but imo, he will not do well under cross. He has way too much baggage, and inconsistent statements.

Imo

I think he is arrogant enough to think he can turn things around and dazzle us with his explanations. Would love to see it.

 

[citygirl]

IMO, people on WS's seem to "ignore" the fact CM backdated cheques. Why? CM KNEW at the time that they had been killed and helped himself to JM's $$$$. ONLY the killer would know that at the time, IMO.

This is where I get lost. I get the back dating. But the deleting? Does this mean he cashed the check eventually but deleted it?

 

[Mony Mony]

Is it possible that the calls he made to Joey (the 9th was his last call) could have been him listening to Joey's voicemails and then deleting them?

I don't know what would show up on Chase's call records if he was dialling Joey's number and then pressing the hash key and entering a pin number.

I like your scenario!