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

[HelenK]

I think we can all agree that San Diego County did a poor job of investigating.

Have we heard any testimony as to what San Bernardino did in the way of investigating DK’s alibi? I don’t remember that.

So—the defense would ask the SD investigator about DK, because they know the answer is weak. (Saw that he had tickets.)

So—why does the defense NOT ask the SB investigators about DK? (Assuming that my memory is correct.) I think that the most likely reason is that the answer would not help their case.

Why the prosecution doesn’t present more about DK in their main case? I think it’s not an appropriate part of their main case. Just imagine how long this trial would have run if they’d presented details of all the blind alleys they investigated.

If the prosecution has any material that shows that DK has an alibi, the appropriate place for it, I think, is in rebuttal. That’s assuming that the defense presents evidence relating to DK. We’ll find out soon.

"If the prosecution has any material that shows that DK has an alibi, the appropriate place for it, I think, is in rebuttal. That’s assuming that the defense presents evidence relating to DK."

ITA

 

[Mony Mony]

You are misinformed. Yes, crime scenes are routinely secured and protected to ensure high quality results that will stand up in court. LE concluded the family was killed in the home (crime scene) - the home that was not secured and therefore compromised.

Snip

Any experienced crime scene officer will tell you that the key to doing the job well is protecting the crime scene. What does that mean? In a nutshell, it means securing the scene, limiting access to only essential personnel, and keeping complete and accurate records of everything that happens there. These steps require work and diligence on your part, but your effort will pay off when you end up with high quality results that will stand up in court.

Crime Scene Integrity


The most important aspect of evidence collection and preservation is protecting the crime scene. This is to keep the pertinent evidence uncontaminated until it can be recorded and collected. The successful prosecution of a case can hinge on the state of the physical evidence at the time it is collected. The protection of the scene begins with the arrival of the first police officer at the scene and ends when the scene is released from police custody.

Protecting the Crime Scene


Principle: One of the most important aspects of securing the crime scene is to preserve the scene with minimal contamination and disturbance of physical evidence. The initial response to an incident should be expeditious and methodical.

Policy: The initial responding officer(s), upon arrival, shall assess the scene and treat the incident as a crime scene.

https://www.nist.gov/sites/default/files/documents/forensics/Crime-Scene-Investigation.pdf

But is wasn't considered a crime scene at that time.....

 

[Texas Red]

So DK, who was reportedly in Hawaii, accessed the computer in Mikey’s possession to make it look like Merritt wrote himself a check? And MM what, didn’t know this happened or is lying to LE?

Now you're back to DK being in Hawaii? Forget it, I'm tired of typing.

 

[Texas Red]

No. If I backdate my computer and sign into QuickBooks and write a check and backdate the check, Intuit’s records are still going to show I signed in today and backdated the check to yesterday. I can not manipulate their time stamped records. Well, unless perhaps I am a hacker of some sort.

"Well, unless perhaps I am a hacker of some sort."
That's something that you're definitely not!

 

[MichaelCorleone]

I’ll work it backwards perhaps that will help you understand. CM cashes the check, I believe that has been established. Even if it was CM that printed the cashed check from HIS home computer on Feb 5th, how does that put CM in JM home on the night of the 4th? The evidence supporting such a theory came from JM’s desktop computer which has no established chain of custody. DK may have gained access to the home computer along with having access to the QB’s server.

“Or did someone(Mike/DK) produce the one check by pure coincidence not knowing Chase was going to himself print the other check?”

Your comment above suggest to me that you’re fixated on events occurring in a timeline moving sequential forward. With computers that is not necessarily the case.

So then MM or DK (or whoever) knew Merritt signed into QB, wrote a check and deleted and cashed it. And then MM, DK, or some other bad guy altered the desktop to make it look like it was done on the night of the fourth because MM/DK/bad guy killed the family that night. Is this the theory?

 

[geevee]

Now you're back to DK being in Hawaii? Forget it, I'm tired of typing.

Does defense have evidence he wasn't in Hawaii on the 4th?

 

[Texas Red]

Does defense have evidence he wasn't in Hawaii on the 4th?

We'll have to wait and see.

 

[missy1974]

Does defense have evidence he wasn't in Hawaii on the 4th?

They said that in OS's.... yet to be seen ... or not seen? lol

From what I recall in OS's, they said something about his 'landlord' said he was not there in 2010, this is who Dan said he stayed with. Other than that, I know they have his phone records, because they had the T-Mobile guy look at them and certify or whatever it was.

 

[travelbug]

Okay. Not much I can say about this. You and Texas Red seem to think someone else messed with the computer to make it look like Merritt wrote himself a check and then deleted it, even though he did just that the next day... and cashed it.
Besides, as someone else pointed out, the check that was entered and then deleted at 19:59 on 2/4/2010 was done on the machine aka the desktop, not the laptop.

If you reread my comment you will see that I referred to access to the home and not the laptop. I scratched that off my evidence list 9 years ago when MM said he took it to see if he could find out where his brother was. My point was that we have no way of knowing who was in the Fallbrook home on the 4th. The PT is working on proving the entire family was there, yet PM is stalwart in his belief Joey never made it home that day. Anyone in the home on the evening of the 4th could have accessed the desktop, especially if the family was already incapacitated.

 

[Mica]

But is wasn't considered a crime scene at that time.....

It was a potential crime scene and should have been secured.

Based on the Opinions and Conclusions in the Probable Cause Part of the warrant, Dugal felt the “family were victims of foul play.” He was treating the home as a possible crime scene and a “thorough search of the premises was in order to establish the exact location of any assault, it’s extent, and the circumstances surrounding the assault.”

Search Warrants from San Diego Sheriff's Investigation into McStay...

 

[katydid23]

I noticed the memo line kept changing on some of the checks CM was writing to himself. There was at least one that said copper. I'll have to go back and look for these. But did anyone else notice? TIA

MOO

If he was going to try and justify those checks as being used for supplies like copper and hoses and and such things, he would need to have a receipt stapled to it for joey to use for tax purposes. No way Joey is going to say to Chse, 'go ahead and write some checks out to your own name, put business supplies on the memo line', and not have a receipt turned in with it for confirmation. JMO

 

[Mica]

If he was going to try and justify those checks as being used for supplies like copper and hoses and and such things, he would need to have a receipt stapled to it for joey to use for tax purposes. No way Joey is going to say to Chse, go ahead and rite so e checks out to your own name, put business supplies on the memo line, and not have a receipt turned in with it for confirmation. JMO

DK said vendors, including Chase, had access to echecks and credit cards they used for supplies and materials.

 

[Mony Mony]

It was a potential crime scene and should have been secured.

Based on the Opinions and Conclusions in the Probable Cause Part of the warrant, Dugal felt the “family were victims of foul play.” He was treating the home as a possible crime scene and a “thorough search of the premises was in order to establish the exact location of any assault, it’s extent, and the circumstances surrounding the assault.”

Search Warrants from San Diego Sheriff's Investigation into McStay...

Key word: POTENTIAL (crime scene)

I thought y'all were against a police state.

 

[Cricket28]

If he was going to try and justify those checks as being used for supplies like copper and hoses and and such things, he would need to have a receipt stapled to it for joey to use for tax purposes. No way Joey is going to say to Chse, 'go ahead and write some checks out to your own name, put business supplies on the memo line', and not have a receipt turned in with it for confirmation. JMO

ITA!

 

[katydid23]

It could be he knew they were dead, it could also be he didn't know but believed or suspected they were dead.

The killer(s) would know they were dead, but not necessarily everyone who knew they were dead was among the killers.

How would he know they were dead on the 5th? Or actually, on the 2nd and 4th, when he first began writing the bogus checks?

But let's just go with the 5th. How would Chase know the family was dead at that time?

The only way would be if he had some level of involvement. Otherwise, he surely would have gone to the police, right?

 

[katydid23]

It could be he knew they were dead, it could also be he didn't know but believed or suspected they were dead.

The killer(s) would know they were dead, but not necessarily everyone who knew they were dead was among the killers.

And I have to say, once a juror says what you just said, they will have to end up voting for a conviction.

If he knew or 'suspected; they were dead, and his initial reaction was to steal money from Joey's account---that makes him part of the crime.

And if he had reason to suspect that his 'best friend' was dead, why didn't he call it in and try to help the family?

 

[Force Ten]

The desktop computer was also taken.

LOL okay then. Wow.

 

[travelbug]

And I have to say, once a juror says what you just said, they will have to end up voting for a conviction.

If he knew or 'suspected; they were dead, and his initial reaction was to steal money from Joey's account---that makes him part of the crime.

And if he had reason to suspect that his 'best friend' was dead, why didn't he call it in and try to help the family?

In the "Kelsey Berreth" thread we are seeing a beautiful young mother who was murdered by her husband. She had been missing for several weeks before the accomplice was brought in for questioning and told LE her "story". She had known (and was helping) the husband plan the murder. She had shared the proposed method(s) with friends, at least 2 attorneys (not part of the case), an aunt and a coworker months prior to the murder. Not one person notified LE of the potential murder and after Kelsey was killed they still didn't come forward. Yet none of them have been charged with anything and the woman who assisted the husband has struck a deal with the prosecution that could keep her out of jail.
My point is that we can never understand the thought processes of others. Perhaps they all were hoping it was just a made up story, but then why not come forward immediately after the murder. Perhaps some were worried about putting themselves (or family) in danger. Perhaps they "just didn't want to get involved". I believe that others suspected what had happened as soon as Joey couldn't be reached. He was a reliable businessman. But, he also came in contact with unsavory characters in both his personal and business life. Whether it was CM or someone else who murdered this family I believe there are others who know what went down and they are protecting themselves or their family by keeping silent. jmho

 

[QueenBofOB]

My recollection from way back was that it was parked in a spot that was out of range of cameras. It was suggested that whoever parked it knew that lot very well and how it was configured.

Yes. And someone has already admitted to going to Tijuana for Viagra in the past. Maybe he even parked there for a few hrs., before?

 

[Force Ten]

Yes. And someone has already admitted to going to Tijuana for Viagra in the past. Maybe he even parked there for a few hrs., before?

Yes perps will go where they are familiar because they know what to expect. Victorville, San Ysidro, Casinos along the 15 fwy......