CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11

[Karinna]

Me too. MMs truck looks nothing like CMs truck. Nothing like it at all.

If they now try to blame MM, then what about OS when they say DK did it?

Or are they planning on throwing as many SODDIs into the mix. like spaghetti on the wall hoping one will stick? LOL!

I sure hope so!

Most juries I've seen don't like it when witnesses who are family members of the victims, are getting beaten up by the defense, and falsely accused of ANYTHING!

In fact, imo, most jurors have an instant recoil when the defendant tries to blame someone else who is not the one on trial!

Look at how many times that same defense claim has been used ad nauseam in murder trials, and look how many times it falls flat on its face! Lol!

Imo

If they do that it will look to smack of desperation, IMO.
No one else who has been investigated in this crime has been arrested and charged and IMO the LE got the right perp.

 

[Tortoise]

But the last time Mike talked to him was the 1st.

Do you have that from the phone records? Because that's not an accurate reflection of his testimony, which I have already posted in the last few pages of this thread.

 

[oceanblueeyes]

Good point, particularly since it was cashed at Union Bank which is the same bank Joey used. In that case I don't think the cheque would take the normal 3 days to clear, if the bank has paid out cash on it it would probably be debited to Joey's account same day.

IMO

Did CM go to the bank to cash the check?

If so they would have done both transactions on the same day at the same time, since it was from the same bank.

They would have withdrawn it from Joey's account at the same time it was cashed since both accounts were in house banking transactions.

MM could just be mixed up with the date, and be only one day off.

Imo

 

[Tortoise]

Did CM go to the bank to cash the check?

If so they would have done both transactions on the same day at the same time, since it was from the same bank.

MM could just be mixed up with the date, and be only one day off.

Imo

Yes he cashed it at Union Bank on the 2nd ocean.

 

[katydid23]

But the last time Mike talked to him was the 1st.

Chase added his name to the vendor list on the custom account on the 1st. Maybe Joey saw that on the 1st and was trying to figure out what was going on?

 

[travelbug]

Me too. MMs truck looks nothing like CMs truck. Nothing like it at all.

If they now try to blame MM, then what about OS when they say DK did it?

snip and BBM

I believe they are doing their job as the DT. They are trying to establish reasonable doubt. It's unlikely they will try to proclaim someone else guilty. It is likely they will continue to present events, vehicles, phone calls, monetary issues, disagreements and people in order to tip the scales of justice to benefit their client. jmo

 

[citygirl]

hmmm maybe, I guess we would know if Imes had actually shown him the statement when he was on the witness stand.

Quick question, if you know? Any reason why they can't read the testimony out loud?

 

[missy1974]

Do you have that from the phone records? Because that's not an accurate reflection of his testimony, which I have already posted in the last few pages of this thread.

It's listed in the timeline phone records in the McStay forum. I don't know if those are accurate, that's why I have asked more than once if anyone knows where they came from lol Other than that, all we have is his testimony (link to my post with that testimony and where the prosecutor added it to the calendar), and they never showed him his records that I can recall.

CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11

 

[missy1974]

Chase added his name to the vendor list on the custom account on the 1st. Maybe Joey saw that on the 1st and was trying to figure out what was going on?

The only log in's on the Custom account were at the times the cheques were added/deleted.

Here is a snip of the log's from the Custom account taken from Hanke's testimony IIRC These are taken right from QB's so I don't think they can be manipulated in any way.

Also from Hanke's testimony... the times the cheques were added and edited:

Feb 1st:

QB cheques edited 12:34 ended at 12:52


Feb 2nd:

11:27am cheque added

11:29am cheque added

both deleted at 11:37



I don't see any other times that Joey had logged in and would have noticed that? Maybe Tortoise has more that I missed?

 

[Tortoise]

It's listed in the timeline phone records in the McStay forum. I don't know if those are accurate, that's why I have asked more than once if anyone knows where they came from lol Other than that, all we have is his testimony (link to my post with that testimony and where the prosecutor added it to the calendar), and they never showed him his records that I can recall.

CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11

So after that part, in which he said he reported to police on the 15th, off the top of his head, without having his phone records with him, came the testimony where he was asked if it could have been the 31st, the 1st, or the 2nd, and then :-

Imes: What I'm getting at though is, even though you may not be 100% precise about the date, was there something about your brother's demeanor that makes you remember that phone call?

MM: Oh, you mean that he was going frantic and he was going to the bank?

BI: Yeah, well tell us about that.

MM: OK I don't remember the date of the phone call but it was, he, I just remember him saying there was money missing out of his account and he was going to the bank, or something to that effect.

 

[missy1974]

Quick question, if you know? Any reason why they can't read the testimony out loud?

I'm not sure? Maybe @gitana1 could come and answer that for us?

Why can't statements that are used to refresh someone's recollection be read out loud in a trial?

 

[missy1974]

So after that part, in which he said he reported to police on the 15th, off the top of his head, without having his phone records with him, came the testimony where he was asked if it could have been the 31st, the 1st, or the 2nd, and then :-

Imes: What I'm getting at though is, even though you may not be 100% precise about the date, was there something about your brother's demeanor that makes you remember that phone call?

MM: Oh, you mean that he was going frantic and he was going to the bank?

BI: Yeah, well tell us about that.

MM: OK I don't remember the date of the phone call but it was, he, I just remember him saying there was money missing out of his account and he was going to the bank, or something to that effect.

Did they change the calendar then? IIRC they didn't. They should have if they have evidence that it could have been the 31st or the 2nd. JMO

 

[oceanblueeyes]

RSBM
Q That transaction of February 1st where Charles Merritt was added as a vendor, did that occur from either the laptop of the McStays or the desktop of the McStays?
A No, it did not.
Q So, it didn’t happen from either of them?
A It did not happen from either the desktop or the laptop.
Q After a vendor, the vendor charles merritt, all lower case was added, what happened, what did you learn happened next? And you can view this chronologically as you’re looking at the records.
A If I can review my report, I can give you better times and dates as far as when the checks happened.
MR. DAUGHERTY: With the Court’s permission?
THE COURT: Sure.
(Brief pause.)
THE WITNESS: Okay, on February 1st, 2010, at 12:24 P.M., Joseph McStay, the user Joseph McStay added Charles Merritt as a vendor. The next activity was at 12:34 P.M., where there was a check made out to charles merritt, all lower-case letters, for the amount of $2500. The memo line on that one said: “deposit.”
Q (By Mr. Daugherty) What else did you see happen on the 1st?
A At 12:37 P.M., there was another check added to charles merritt, for the same amount, $2500. The memo line also stated: “deposit.”
Q Is that all lower case under charles merritt?
A It is.
Q How about on the memo line, “deposit.” Is that all lower case?
A It’s all lower case.
Q Now, on the Contact side of the account, would Joseph put information on the memo lines, occasionally?
A Yes, he did.
Q Did he capitalize the first letters?
A Yes, he did.

I have always thought this part was so odd.

If Joey was truly writing two checks to chase merritt why would he put 'deposit' in the memo line both times?

It wouldnt be up to the business owner to assign where the checks should go. Of course once its issued it's totally up to the recipient what will be done with their own checks. Deposited, cashed, partially deposited, minus cash. Etc

That's a big goof up on CMs part.

Also if my hubby or I issue a check to someone for some kind of services rendered, we always tell them to go right then to our bank, and cash it.

When they do that it is immediately withdrawn from our account the minute its cashed.

Imo

 

[oceanblueeyes]

I'm not sure? Maybe @gitana1 could come and answer that for us?

Why can't statements that are used to refresh someone's recollection be read out loud in a trial?

I'm not Gitana of course, but what I see happen when they are asked to review their prior statement is the attorney tells the witness to just read it to themselves, but not out loud.

Its only done to see if it can refresh their own memory.

Imo

 

[A lucas]

I have always thought this part was so odd.

If Joey was truly writing two checks to chase merritt why would he put 'deposit' in the memo line both times?

It wouldnt be up to the business owner to assign where the checks should go. Of course once its issued it's totally up to the recipient what will be done with their own checks. Deposited, cashed, partially deposited, minus cash. Etc

That's a big goof up on CMs part.

Also if my hubby or I issue a check to someone for some kind of services rendered, we always tell them to go right then to our bank, and cash it.

When they do that it is immediately withdrawn from our account the minute its cashed.

Imo

Also JM would already know he had CM added as a vendor on the Custom account so why would he go through the hassle of adding him again and do it in lower case which I understand wasn’t his usual approach? This was 100 percent a fraudulent transaction by the one person who benefited financially from this activity. Chase Merritt, when he repeated the cheque writing on 2nd and banked the cheque. JMO.

 

[Mica]

Do you think he took his whole family in his work truck? I do not believe they would all fit, but I guess anything is possible.

I don't think the defense has even implied that Mike was involved, do you?

I’ve seen several different work trucks for Mike. Don’t know if he owned or leased them. Perhaps he took one of the work trucks that fit the whole family?

 

[missy1974]

okay, I have googled everything I can think to google to find the origin of the Joey call records we have in the Timeline thread in the McStay Forum.

@Niner maybe you can recall where those came from?

 

[katydid23]

The only log in's on the Custom account were at the times the cheques were added/deleted.

Here is a snip of the log's from the Custom account taken from Hanke's testimony IIRC These are taken right from QB's so I don't think they can be manipulated in any way.

Also from Hanke's testimony... the times the cheques were added and edited:

Feb 1st:

QB cheques edited 12:34 ended at 12:52


Feb 2nd:

11:27am cheque added

11:29am cheque added

both deleted at 11:37



I don't see any other times that Joey had logged in and would have noticed that? Maybe Tortoise has more that I missed?

If Joey had tried to log into his account when Chase was on it, he wouldn't have been able to do so. Maybe Joey tried to log on and was unable to, so he knew someone was hacking into it?

Maybe that was what Mike was referring to when he said that Chase had 'hacked' into Joeys bank account?

 

[Cricket28]

Do you have that from the phone records? Because that's not an accurate reflection of his testimony, which I have already posted in the last few pages of this thread.

According to the phone log I have for JM, which is from 1/20/2010 - 2/4/2010, MM talked/texted with JM 9 times.

MM called JM:
1/21....10:01 AM 9 mins
1/21....10:49 AM 11 mins
1/22....12:04 PM 12 mins
1/22.... 4:17 PM 8 mins

1/25 ... 11:26 PM JM sends MM text

JM called MM:
1/26.....11:00 AM 8 mins
1/29.......4:14 PM 2 mins

2/1.......1:32 PM JM sends MM text

2/1.......1:33 PM MM calls JM 8 mins

I don't know if this is complete or if (for some reason ) calls have been redacted/deleted.

 

[Mica]

So after that part, in which he said he reported to police on the 15th, off the top of his head, without having his phone records with him, came the testimony where he was asked if it could have been the 31st, the 1st, or the 2nd, and then :-

Imes: What I'm getting at though is, even though you may not be 100% precise about the date, was there something about your brother's demeanor that makes you remember that phone call?

MM: Oh, you mean that he was going frantic and he was going to the bank?

BI: Yeah, well tell us about that.

MM: OK I don't remember the date of the phone call but it was, he, I just remember him saying there was money missing out of his account and he was going to the bank, or something to that effect.

Since Joey was so frantic about the missing money, I’m surprised he never mentioned it to Patrick on the 4th when they spoke just prior to the lunch meeting with Chase. Patrick described the conversation as “everything was fine and nothing was wrong.” Also, when Randi Kaye asked Patrick if Joey expressed anything that was concerning or anything he was worried about in the phone call, Patrick responded, “No, no. He seems happy.”

CNN.com - Transcripts