CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #13

[missy1974]

13:24 of this video, Tingley's testimony, he was the officer that took photo's on the 15th, first officer in the McStay residence, the bedding was on the beds then. I recall commenting on this when we first saw that photo's in the trial because I had always thought they were stripped too.

 

[oceanblueeyes]

I wonder if the beds being stripped was done by Chase?

Also no wonder the family were so stressed. I can not imagine going to sleep on crappy air mattress for months on end and then having to get up deal with toddlers, dogs and for Joey run his own business day after day (oh and renovate the house).

They sure did have a lot going on at the time they were murdered.

I wish they had been able to carry out all of their very promising goals.

Imo

 

[missy1974]

The DT has the same right to test anything they may think is of value.

All they do is go before the judge requesting him to let their forensic DNA expert test certain pieces of evidence themselves.

The only requirement is the state DNA expert must be present during the testing, and the DT must turnover the lab results to the state, just like the state has to turnover their lab results to the defense.

The defense rarely does that though even though they are allowed. It seems they would rather speculate to the jurors about untested evidence instead, because if they do further testing it may backfire on the defense, and the state now has the results of those tests.

Imo

Right, so the State could also run those DNA profiles in CODIS. I don't know if they have or haven't, I would guess it's a catch 22... if it comes up with any of their employee's, it could be argued that there is contamination then though.

 

[missy1974]

Got caught up just in time to get ready for work lol Have a good day all I will be checking in while I'm slacking off at work ;-)

Thanks @Tricia for opening the thread back up

 

[mrjitty]

When listening to the testimony of CJ and TJ it was brought up that they did not have internet or TV in their apartment. The would go to the clubhouse to use the office facilities and there was also a cinema room where they would watch movies. CJ said sometimes CM would leave his cellphone in the apartment while they were watching movies. I believe they mentioned that sometimes only one of them would go there with the kids to watch a movie and the other would stay in the apartment. I suppose it's possible that CM turned on his phone when the movie was over and noticed calls.

Requires testimony from the defendant.

 

[travelbug]

The DT has the same right to test anything they may think is of value.

All they do is go before the judge requesting him to let their forensic DNA expert test certain pieces of evidence themselves.

The only requirement is the state DNA expert must be present during the testing, and the DT must turnover the lab results to the state, just like the state has to turnover their lab results to the defense.

The defense rarely does that though even though they are allowed. It seems they would rather speculate to the jurors about untested evidence instead, because if they do further testing it may backfire on the defense, and the state now has the results of those tests.

Imo

I'm assuming that if they have it tested, which they did and determined 3 male 1 female contributor, it would still be up to the PT whether to run it through CODIS or use Parabon.

 

[travelbug]

Requires testimony from the defendant.

I understand that, I was just trying to answer your question regarding "how it might have happened".

 

[missy1974]

Requires testimony from the defendant.

But Cathy's testimony got that out there. We both know we are not going to hear from Chase. The best we might get is his interview with LE being played.

 

[mrjitty]

I understand that, I was just trying to answer your question regarding "how it might have happened".

Sorry - wasn't having a go but see my reply was a bit brusque.

Yes - I agree that Chase could try to amend his alibi to make it work. But he would need to testify in order to place it in evidence

As it is, his alibi can't stand up

 

[mrjitty]

But Cathy's testimony got that out there. We both know we are not going to hear from Chase. The best we might get is his interview with LE being played.

I 100% disagree on this one sorry.

If the defendant wants an alibi materially different to the one he previously gave police, that can explain contradictory evidence, he must testify to it.

If CJ was not with the defendant (and we know she was not because he called her) then her 2019 "improved" evidence cannot create an alibi via wild speculation

 

[travelbug]

Something I find fascinating, is that despite "the last call" coming thru on his phone with now CJ being a witness thereto and daughter supporting, Chase never apparently thought to show this key piece of evidence to investigators nor retain any evidence of it - e.g. a photo or some other record

Yet it would clear him of murder!

Even more strangely, despite watching a movie with CJ, he was returning all her missed calls only an hour later!

Of course this all makes sense if his phone was off and there was no last call received by him.

BBM I believe the DT is trying to establish that with the expert testimony and physical records. No one knew on Feb. 4, 2010, the significance of that call. jmho

 

[geevee]

It remains an idiosyncrasy of criminal procedure that the state cannot coach its witnesses yet the defence can cut testimony from whole cloth after hearing the state case.

I have long believed this area should be reformed.

Couldn't agree more, Mrjitty!

 

[travelbug]

Got caught up just in time to get ready for work lol Have a good day all I will be checking in while I'm slacking off at work ;-)

Thanks @Tricia for opening the thread back up

Have a good day, we will try to stay out of trouble while you are gone!

 

[mrjitty]

BBM I believe the DT is trying to establish that with the expert testimony and physical records. No one knew on Feb. 4, 2010, the significance of that call. jmho

But obviously it became critical in the weeks that followed.

Just like the missing cheque blanks that the defence have not produced.

I'll wager you right now that the defence produce very little or zero primary evidence from back in the day

 

[missy1974]

BBM I believe the DT is trying to establish that with the expert testimony and physical records. No one knew on Feb. 4, 2010, the significance of that call. jmho

IMO I don't know that they even knew about it in 2010, that it wasn't on Chase's records. Can anyone tell me when they first got Chase's cell phone records?

Regardless of what it does or does not show on Chase's records, on Joey's it does show and it shows 1 minute duration, which indictates it was either answered or went to VM, so someone needs to explain that... are Joey's records wrong, or are Chase's?

 

[missy1974]

But obviously it became critical in the weeks that followed.

Just like the missing cheque blanks that the defence have not produced.

I'll wager you right now that the defence produce very little or zero primary evidence from back in the day

IIRC Dugal said they were unable to get search warrants for other phone records because they didn't have probable cause. I could be mistaken, but they did not get Chase's phone records back in 2010

 

[mrjitty]

IIRC Dugal said they were unable to get search warrants for other phone records because they didn't have probable cause. I could be mistaken, but they did not get Chase's phone records back in 2010

Chase was interviewed by Police in 2010. Why would he not show them the missed call log on his phone? After all, it supports the story he told them?

I can think of one reason why he didn't.

 

[mrjitty]

Regardless of what it does or does not show on Chase's records, on Joey's it does show and it shows 1 minute duration, which indictates it was either answered or went to VM, so someone needs to explain that... are Joey's records wrong, or are Chase's?

Chase stated that he or CJ saw the call come in and did not answer it. So the missed log must have been on his phone according to his own statements. According to defence witness at trial the caller display was Joey.

So where is the log?

Call me old fashioned but surely you would retain this one key piece of evidence that cleared you of any involvement?

 

[smr]

Video clip of Sara Taylor and Catherine testifying:
McStay murders: Defense for Merritt pokes holes in timeline of case

 

[travelbug]

Chase was interviewed by Police in 2010. Why would he not show them the missed call log on his phone? After all, it supports the story he told them?

I can think of one reason why he didn't.

Dugal has stated that Chase was cooperative and answered all of their questions in 2010. The problem was SDSD was still treating the case as voluntarily missing and lacked the probable cause for search warrants.