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

[Force Ten]

But if Mike talked to him on the 1st for the last time, that was before Chase was writing cheques, right? I just don't know how reliable the timeline calls are that are posted in the main forum.

Well there is still the 76 missing checks. Did we get any snapshots of the bank records on or before the 1st? If Joseph was frantic about missing money it had to have been a significant amount imo.

 

[Bernina]

This was Mike’s work truck.

The tool boxes, rack, and tail lights are wrong, doesn't look like a full size truck, and I don't believe it's a Chevy. Definitely NOT the truck in the security footage.
Remember the questioning of the "latches" on the tool box compartments?

Nope, not a chance.

 

[Force Ten]

Oh boy -the cash stored at the house! This was discussed over many a thread back in the day. I can't recall all of the reasons/particulars at this point, but you are not the only one who had the idea that Joey might have some cash stashed around and our favorite defendant aware of it!

This is one of those many red herrings, speculation turned into rumor. A lot of discussion about it. Joseph probably had a lot of cash on hand I imagine but kept mostly on his person. I don't believe there ever was a secret stash. That rumor was further fueled by a blogger and attempted to implicate Mike always coming around for money. The source of that rumor also came from a family member who the defense will try to have testify.

 

[Tortoise]

I don’t recall Mike ever saying Joey was frantic due to money being missing from his bank account prior to this testimony. Mike was all over the media doing interviews, had a family website and was on a message board. And never mentioned it. Maybe he just forgot.

It came up on the preliminary, too, just as it did in his recent testimony. Mike told an officer he was by the house prior to the 13th. Mistakes.

He must have originally reported the content of his last phone call with Joey to law enforcement even if he didn't mention it on the message boards, because Imes related back to him that he had previously used the word scurrying. Plus Maline didn't bring it up in cross-examination.
32.25 in video Day 4 Part 1

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.

BI: And what was his demeanor when telling you that? (Objection - hearsay - overrruled)

MM: He was frantic, he was in a hurry, he had a sense of urgency to him.

BI: You used the word scurrying.

MM: Correct.

BI: What does that mean to you?

MM: What I just described to you.

BI: When you later in 2013, your first time talking to San Bernardino investigators...

 

[missy1974]

Well there is still the 76 missing checks. Did we get any snapshots of the bank records on or before the 1st? If Joseph was frantic about missing money it had to have been a significant amount imo.

I'm just trying to make sense of this .... since we now have way more detail than we had when Mike was testifying.

I get that there are missing cheque numbers, but the prosecution has shown us nothing about those missing cheques, not that they went through the bank, not that QB's was accessed before the 1st, not that Chase cashed and/or deposited any cheques from EIP previous to the 2nd, right? For all I know those cheques were sitting in a drawer in Joey's desk ... unfortunately, the investigation didn't go much further, and these are details that were lost before anyone even realized the significance of it IMO

I'm so confused by Mike's testimony... Day 3 Part 3 about 2 minutes in, he is asked about the last call with Joey, he asked about what he remembers.... he gets a police report to refresh his memory and he says it helped refresh his memory, he says the last time he talked to him was the 1st and he doesn't remember what they talked about and when asked "So it was nothing of significance to lodge itself into your memory banks?" he says "correct"

I was looking for something else and heard that.

 

[Longtimenoc]

IF it happened, I think he drove by and didn't see the Trooper so maybe didn't stop. It could have been earlier in the day on the 4th when Joey wasn't home (I think Summer went out that day too), it could have been on the 6th and the Trooper wasn't there... I don't know if he would have stopped if he didn't think Joey was there. And in that small little chance that it could have been his truck on that video... maybe the Trooper wasn't there at that time. JMO Again, he is Joey's brother, so nothing nefarious has to be drawn from the inference that he may have driven by. I think this all could have been cleared up with the phone records that they had, we saw Mike looking at them to refresh his memory about when he spoke to his Dad and Mom about Joey. JMO

He stated that he was mistaken on the date and did not happen to drive by. He was not there. Not up for debate.

 

[missy1974]

This is one of those many red herrings, speculation turned into rumor. A lot of discussion about it. Joseph probably had a lot of cash on hand I imagine but kept mostly on his person. I don't believe there ever was a secret stash. That rumor was further fueled by a blogger and attempted to implicate Mike always coming around for money. The source of that rumor also came from a family member who the defense will try to have testify.

That's interesting... Smith did say they never found Joey's wallet.

 

[Longtimenoc]

Ford Ranger. I hope the defense tries to bring this up. They'll look quite foolish trying to link it to the truck in the video imo.

Big difference between a Ranger and a utility truck

 

[missy1974]

He must have originally reported the content of his last phone call with Joey to law enforcement even if he didn't mention it on the message boards, because Imes related back to him that he had previously used the word scurrying. Plus Maline didn't bring it up in cross-examination.
32.25 in video Day 4 Part 1

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.

BI: And what was his demeanor when telling you that? (Objection - hearsay - overrruled)

MM: He was frantic, he was in a hurry, he had a sense of urgency to him.

BI: You used the word scurrying.

MM: Correct.

BI: What does that mean to you?

MM: What I just described to you.

BI: When you later in 2013, your first time talking to San Bernardino investigators...

So on Day 4 he says something different than he did on Day 3, starts at about 2 minutes.

{showing him a statement to police, does not specify what police report}

Sitting here today, now that you've read that and thought about it, does Feb 1st sound accurate the last time you had contact with your brother? Yes sir.

And would that have been in person or on the phone? On the phone.

Do you remember what day of the week that was, by any chance? Probably a Monday

{Prosecutor shows him the calendar and writes on it Mike last contact with Joe}

Do you remember what you guys talked about? No sir.

So it was nothing of significance to lodge itself in your memory banks? correct.

 

[travelbug]

I'm just trying to make sense of this .... since we now have way more detail than we had when Mike was testifying.

I get that there are missing cheque numbers, but the prosecution has shown us nothing about those missing cheques, not that they went through the bank, not that QB's was accessed before the 1st, not that Chase cashed and/or deposited any cheques from EIP previous to the 2nd, right? For all I know those cheques were sitting in a drawer in Joey's desk ... unfortunately, the investigation didn't go much further, and these are details that were lost before anyone even realized the significance of it IMO

I'm so confused by Mike's testimony... Day 3 Part 3 about 2 minutes in, he is asked about the last call with Joey, he asked about what he remembers.... he gets a police report to refresh his memory and he says it helped refresh his memory, he says the last time he talked to him was the 1st and he doesn't remember what they talked about and when asked "So it was nothing of significance to lodge itself into your memory banks?" he says "correct"

I was looking for something else and heard that.

BBM They also may have, inadvertently, been thrown out when the Fallbrook house was cleaned out by the family. I recall it was mentioned in the early threads that a lot of business records/reports were noticed in the outdoor trash cans. I think it may have been McG who mentioned them.

 

[Bernina]

I just accept Mikey for being Mikey, he is who is is. He's always being consistent in his behavior, kinda scattered, but it's consistent. Nothing nefarious. It was probably the first time he was pushed into the "limelight" so to speak where people expected answers from him outside of his family. He did his best. He was probably pretty uncomfortable being the voice and the man representing the family in California. The loss of Joey probably destroyed something inside him.

 

[Tortoise]

So I wonder why Mike even said he did drive by... even adding .. in his work truck... when asked how he got the address, he said probably my brother...

He could have said I don't know why I said that, I don't recall, etc. He didn't have to add details. JMO

It might not be clear to others here but it's pretty clear to me that the information in the missing persons report was garbled.

On redirect he confirms that he was referring to what he knew of Chase going by the house.

If you recall during Chase's interview with detectives on February 17th they somehow had it in their notes also that Mikey was in Chick-fil-A eating lunch with Joey on February 4th. Clearly that was Mikey telling them what Chase said he did.

 

[missy1974]

BBM They also may have, inadvertently, been thrown out when the Fallbrook house was cleaned out by the family. I recall it was mentioned in the early threads that a lot of business records/reports were noticed in the outdoor trash cans. I think it may have been McG who mentioned them.

I recall a lot of paper in the recycle bin, but I don't know about business records? I don't know why the family would throw out cheques though, I don't know anyone that would throw out business cheques so I'm not sure I would believe that someone threw them out

I do recall that the box of cheques was not in the majority of photo's taken in the office/house, than it was sitting on a chair when photo's were taken of it. I don't recall any testimony saying where the box of cheques was found in the house. It would make sense to me that he would take some out of the box and maybe have them in a file or a drawer or something for easy access when he wanted them.

 

[travelbug]

I recall a lot of paper in the recycle bin, but I don't know about business records? I don't know why the family would throw out cheques though, I don't know anyone that would throw out business cheques so I'm not sure I would believe that someone threw them out

I do recall that the box of cheques was not in the majority of photo's taken in the office/house, than it was sitting on a chair when photo's were taken of it. I don't recall any testimony saying where the box of cheques was found in the house. It would make sense to me that he would take some out of the box and maybe have them in a file or a drawer or something for easy access when he wanted them.

I agree, but I was considering that he may have set them aside (for whatever reason) and it was thought they were from an old account. MM, during his recent questioning, mentioned that he hadn't looked at old bank records at the beginning of the family disappearance. I could easily see them being misplaced with other records or even picked up by SB LE. jmo

 

[missy1974]

It might not be clear to others here but it's pretty clear to me that the information in the missing persons report was garbled.

On redirect he confirms that he was referring to what he knew of Chase going by the house.

If you recall during Chase's interview with detectives on February 17th they somehow had it in their notes also that Mikey was in Chick-fil-A eating lunch with Joey on February 4th. Clearly that was Mikey telling them what Chase said he did.

That very well could be what happened, LE reports are not the end all be all IMO Names get messed up, dates can too. It was the added details that were odd. Just like the added details to the last phone call with Joey.

I went back and listened to the re-cross AFTER Imes asks Mike about the last phone call and Mike "recalls" what they talked about. First Maline says something like
you testified your memory was better about Feb 2010, than it was later on in 2014? Objection/cumulative. Sustained. Which he did say in previous testimony and I think we can all agree that it's logical.

I remember this now and was somewhat confused at the time, but now I get it. At about 43:00 of Day 4 Part 1 Maline asks Mike about reading a page from a transcript/police report before court that Imes gave him to read. It was after this that Imes asks him about the last phone call. I am curious when that transcript/report was from, my guess would be 2014.

 

[Plo_Koon]

I take a week or so away from the McStay family trial thread because I was engrossed in the Jassy Correia case out of Boston and I can only imagine what I have missed on this thread. Has there been any "bombshell" type of information come out in court this past week? Forgive my laziness as I don't have the time at work currently to go back and read 50 something pages of threads.

 

[Tortoise]

So on Day 4 he says something different than he did on Day 3, starts at about 2 minutes.

{showing him a statement to police, does not specify what police report}

Sitting here today, now that you've read that and thought about it, does Feb 1st sound accurate the last time you had contact with your brother? Yes sir.

And would that have been in person or on the phone? On the phone.

Do you remember what day of the week that was, by any chance? Probably a Monday

{Prosecutor shows him the calendar and writes on it Mike last contact with Joe}

Do you remember what you guys talked about? No sir.

So it was nothing of significance to lodge itself in your memory banks? correct.

So the first time he was asked he said to Imes he didn't remember what they talked about.

The second time he was asked it seems being asked about Joey's demeanor may have sparked his memory, and what he remembered matched with what he had reported to police in 2010.

It just shows he is being honest and had not worried about rehearsing his evidence IMO.

 

[katydid23]

So I wonder why Mike even said he did drive by... even adding .. in his work truck... when asked how he got the address, he said probably my brother...

He could have said I don't know why I said that, I don't recall, etc. He didn't have to add details. JMO

I think he added the details of the time he did actually stop by, in his work truck, on the 13th. He mixed the dates up, most likely.

If the defense is going to try and make it look like Mike is the real killer, it is going to fail, in my opinion.

 

[travelbug]

I take a week or so away from the McStay family trial thread because I was engrossed in the Jassy Correia case out of Boston and I can only imagine what I have missed on this thread. Has there been any "bombshell" type of information come out in court this past week? Forgive my laziness as I don't have the time at work currently to go back and read 50 something pages of threads.

You are in luck because court has been dark since Tuesday. If you have the opportunity check out the transcripts for Monday and you will be up to speed on the basics.

 

[missy1974]

I take a week or so away from the McStay family trial thread because I was engrossed in the Jassy Correia case out of Boston and I can only imagine what I have missed on this thread. Has there been any "bombshell" type of information come out in court this past week? Forgive my laziness as I don't have the time at work currently to go back and read 50 something pages of threads.

They were in court on Monday, the you tube has been updated and you can catch up easily The State has rested.. kind of... they have one more witness that was not available until the 12th, so they will have that witness and then will rest. The defense needed "time" before they started It's like no one has had enough time to plan for this trial!!!!!!