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

[mrjitty]

What a snake he truly is.

He not only murders her son, and family, but he can't wait to scam her out of money too.

Beyond reprehensible.

I think @Force Ten is on to something with how Chase injecting himself into the aftermath and played the family

 

[Tortoise]

My transcript of the jailhouse recording posted here CA - Joey, Summer, Gianni, Joseph Jr., McStay murders 4 Feb 2010 *Trial Transcripts - NO DISCUSSION*

I will be adding more transcripts from time to time, as and when, and others are free to do the same.

 

[JMarsh]

Totally agree Ocean. It upsets me a great deal being a bereaved mother myself. Poor Susan to get grilled by the defense attorney to verify things that happened 9 years ago when she was going through all that, to try to get her to look like she might be being untruthful. Shame on them IMO.

This a trial to find out who murdered a family of four. It's not going to be easy, and if we only tried guilty persons, there would really be no need for a trial at all, right?

 

[mrjitty]

My transcript of the jailhouse recording posted here CA - Joey, Summer, Gianni, Joseph Jr., McStay murders 4 Feb 2010 *Trial Transcripts - NO DISCUSSION*

I will be adding more transcripts from time to time, as and when, and others are free to do the same.

Thanks mate - you are truly a legend

 

[Recidivist]

Wow. You missed a lot then. That was one of the most jam packed interviews on the stand so far.

I didn't miss any of it. It may have been jam packed with fluff, but the only significant thing was that Chase took another almost $16000.00 from the victims mother.

 

[Karinna]

My transcript of the jailhouse recording posted here CA - Joey, Summer, Gianni, Joseph Jr., McStay murders 4 Feb 2010 *Trial Transcripts - NO DISCUSSION*

I will be adding more transcripts from time to time, as and when, and others are free to do the same.

Thankyou Tortoise.

 

[JMarsh]

I didn't miss any of it. It may have been jam packed with fluff, but the only significant thing was that Chase took another almost $16000.00 from the victims mother.

That Joey was looking to start his own warehouse, basically excluding Metro Sheet Metal, and getting rid of Dan completely is huge. That is new, and that seems very important because it might even expand the pool of suspects.

And considering Joe Sequieda's testimony that his father called Joey a thief , with the above, also adds a bit of intrigue.

 

[katydid23]

What makes me think she has no actual memory of February 4th is that in their jailhouse discussion, this February, after he tells her about his phone picking up towers near Riverside at 9.32 you can't really hear her side of the call but he's saying to her 'would you have had my phone?' and 'no, I phoned you, you were at home', so it seems to me as if she's saying she remembers being in that area at some point around that time.

Hopefully the jurors' transcript is complete with both their comments and not just Chase's because I think Ryan Smith said he placed recording devices on both sides of the glass.

YES. I do hope the jury is taking good notes and catching these details.

 

[oceanblueeyes]

I don't recall the judge declaring her a hostile witness. Did I miss that?

That would have been a huge mistake. That means they would have hostility against a grieving traumatized mother.

Didnt she answer their questions even though I'm sure she didnt want to be there?

As long as the witness is answering the questions there is no need to declare anyone a hostile witness.

For them to just do it anyway, without any basis, that would be defense suicide to do so when not even needed.

 

[JMarsh]

That would have been a huge mistake. That means they would have hostility against a grieving traumatized mother.

Didnt she answer their questions even though I'm sure she didnt wat to be there?

As long as the witness is answering the questions there is no need to declare anyone a hostile witness.

For them to just do it anyway without any basis, that would be defense suicide to do when not even needed.

That's not what is meant by "hostile" witness.

Do you know how direct and cross works? The rules of these two positions in examining a witness?

 

[katydid23]

Thanks for posting up the link. I have read a little about transfer DNA and it's interesting. But wouldn't that apply to everyone we come into contact with in a day if it is so sensitive? JM could of transferred someone else's DNA into his vehicle, and SM as well. But only CM's showed up in small amount?
But then again i guess in any given criminal case it's a combination of things that join the dots to create the picture of a suspect, not just one thing.
To my way of thinking anyhow.

Yes, I am wondering the same thing about the 'touch' DNA. If Joey shook hands with Chase, and then left Chase's trace DNA on the steering wheel, what about the trace DNA of the person who drove it to the border?

Wouldn't something that 'fragile' have been disrupted by the last driver of the Trooper?

 

[oceanblueeyes]

That's not what is meant by "hostile" witness.

Do you know how direct and cross works? The rules of these two positions in examining a witness?

Of course I do.

I also know the particulars when a judge let's the attorney declare someone a hostile witness.

He did not declare her as a hostile witness because the judge would have discounted his claim by telling him he had not seen Susan refusing to answer any questions when asked.

If she had refused he then would be allowed to call her a hostile witness.

Imo

 

[Karinna]

That would have been a huge mistake. That means they would have hostility against a grieving traumatized mother.

Didnt she answer their questions even though I'm sure she didnt want to be there?

As long as the witness is answering the questions there is no need to declare anyone a hostile witness.

For them to just do it anyway, without any basis, that would be defense suicide to do so when not even needed.

I thought Susan Blake was very good on the stand and answered questions very well IMO. She did great.

 

[JMarsh]

Of course I do.

I also know the particulars when a judge let's the attorney declare someone a hostile witness.

He did not declare her as a hostile witness because the judge would have discounted his claim by telling him he had not seen Susan refusing to ask questions when asked.

Imo

Um. No.

On direct, which means the witness is "your" witness, an attorney is not allowed to lead the witness. So the questions are supposed to be open ended, like: "When you spoke to Blanche what did you talk about?" Not "When you spoke with Blanche you asked her about the table, right?" The second question is leading because the attorney basically answers the question they are asking, in a way.

On cross, the attorney can ask leading questions.

If an attorney asks permission to treat a witness as "hostile" it means they can ask leading questions.

Objection to Leading Question? Try Rephrasing - The Legal Seagull

 

[Karinna]

Yes, I am wondering the same thing about the 'touch' DNA. If Joey shook hands with Chase, and then left Chase's trace DNA on the steering wheel, what about the trace DNA of the person who drove it to the border?

Wouldn't something that 'fragile' have been disrupted by the last driver of the Trooper?

BBM, Good question.

 

[Karinna]

Hostile Witness
A witness at a trial who is so adverse to the party that called him or her that he or she can be cross-examined as though called to testify by the opposing party.

The Federal Rules of Evidence provide that witnesses who are hostile, or adverse, can be interrogated through the use of leading questions.
hostile witness

 

[JMarsh]

Hostile Witness
A witness at a trial who is so adverse to the party that called him or her that he or she can be cross-examined as though called to testify by the opposing party.

The Federal Rules of Evidence provide that witnesses who are hostile, or adverse, can be interrogated through the use of leading questions.
hostile witness

Right. And the difference between a leading & non-leading question is....?

Because this difference is key to the above.

 

[Karinna]

Is it a full day in court today? Anyone know who the witness or witnesses will be today? TIA.

 

[Tortoise]

Transcript of the wiretapped phone call posted CA - Joey, Summer, Gianni, Joseph Jr., McStay murders 4 Feb 2010 *Trial Transcripts - NO DISCUSSION*

 

[Karinna]

Right. And the difference between a leading & non-leading question is....?

Because this difference is key to the above.

An objection based on leading the witness would be an objection to an attorney asking questions of the witness which suggest the answer to the question within the question. For example, an attorney might object to leading the witness if the attorney in question asked, “You were at [this particular location] on [this particular night], correct?”
Etc.
Leading Questions - Trial | Laws.com