np, I was trying to see if the theory could fit for me LOL Why do you think LE said they verified it, if they really hadn't? I had expected to eventually hear "how" they verified it.
I was wondering if he (Joey) did use his CC? And maybe the prosecution didn't want to be the one's to introduce those records. I think it would have opened it up for the defense to cross exam about the rest of the transactions. Just a thought.
BBM missy do you have a trial source for that please?
This was DuGal's testimony:
Day 5 Part 3 [timestamp 18.32 in video]
S Daugherty: During the course of that interview did the defendant describe meeting with Joseph McStay on February 4th 2010?
T DuGal: He did.
SD:
Did you attempt to corroborate the fact that the meeting ever took place?
TD: I did.
SD: What did you do?
TD: So
he told me that it was a pretty traditional meeting, that Joseph and him talked on the phone every day, that there was some money that they had to exchange because he worked for Joseph, he had his own company and they were doing water fountains and water features together, the defendant was in charge of custom water features, Joseph was in charge of – he basically owned the company and took orders and did much more than just, Joseph wasn’t involved in the building – he essentially was a builder so he said I had to have everyday communication, money exchanges so Joseph drove from Fallbrook
according to the defendant, to Rancho Cucamonga to meet with him at Chick-fil-A pretty close to his residence, and I don’t remember the address but it’s not far from his residence,
he said that they had met there for lunch, that they ate lunch there, they were there a couple of hours, they talked about work, they exchanged cheques, and then he left and Joseph went home. So after the meeting I went to Chick-fil-A and I tried to obtain the video, surveillance video, and unfortunately because of the way this, this what ends up being a homicide, was reported, uh we were whatever it was the 17th, um he claims this meeting occurred on the 4th that’s 13 days, most businesses don’t hold their video that long and neither did Chick-fil-A. It was gone a couple of days earlier than when I checked.
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This was Scott Weitzman's testimony:
Day 22 Part 2 [9.53 timestamp in video]
Melissa Rodriguez: During the opportunity that you had to review the particular bank records did you look at transactions that occurred on or around February 4th of 2010 from both Mr McStay’s account and the defendant’s account?
SW: Yes.
MR: Did you notice any transactions for a Chick-fil-A restaurant?
SW: No I did not see any.
MR: And when you had that opportunity to review both of those accounts did it appear that both of those accounts used their debit card or made purchases from various restaurants and things like that?
SW: Yes. [objection – vague as to time – overruled]
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So where do you think the prosecution is going with this? Does it look as if their case is that Joey and Chase met for lunch?
They've also shown the cell tower maps showing that Joey's phone moved from the residence to Chick-fil-A and Merritt's did not.
Why would the prosecutors ask these questions if one of their other witnesses had testified the meeting was verified?
Why do you think the defense didn't bring out in cross-examination that there was indeed evidence to corroborate the meeting and that the detective and the forensic accountant did a sloppy investigation or didn't look at credit card records or whatever you believe could corroborate it?
Can you tell me how much Joey paid MSM? and then how much Chase was paid?
