CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #14

[Tortoise]

Can you please link to Chase's calls? I seem to have lost where they are

Also Cathy's calls?

Sorry!

I've got a little bit of Cathy's testimony transcribed - still working on that marathon of testimony - but this part seems to cover the calls between her and CM:


MR: And then that’s followed by 12 phone calls between the two of you, do you see those?
CJ: Yes.
MR: So from 9041 to 9054 do you remember what those were about?
CJ: I have no idea.
MR: So 13 phone calls back and forth in a short period of time and you can’t tell us what those were about?
CJ: No.
Objection – argumentative – overruled.
MR: You don’ remember anything significant happening on this particular part of the day?
CJ: No.

and then

MR: Now we were going through some of the phone records and there was a series of phone calls between you and the defendant that lasted until right around one, but you testified that you didn’t recall what those were about right?
RM: Objection – assumes facts not in evidence – actual calls – overruled.
CJ: I’m sorry can you repeat the question again?
MR: Sure, you testified that you didn’t actually recall what the calls were about right?
CJ: Correct.
MR: And going back to that same exhibit 439C so 9055 we see another call on February 4th from the defendant to Joseph’s number at 1:01 pm right?
CJ: Yes.
MR: So they wouldn’t have been having lunch yet at that point right?
JM: Objection – calls for speculation – sustained.
MR: And then right underneath that we see again a couple of more phone calls from you and the defendant, do you see that on 9056, 9057, 9058, 9059, 9060, 9061, 9062, 9063, you see all of those?
CJ: yes.
MR: Those are again calls between you and the defendant right?
CJ: Yes.
MR: And the time-frame on that is from 1:04 to 1:58, would that be correct?
CJ: Yes.
MR: And do you recall him being at lunch with Joseph during that time period?
CJ: I do not / JM: Objection – calls for speculation – sustained.
MR: During those phone conversations did he ever tell you he was having lunch with Joseph at that point?
CJ: Not that I recall no.
MR: And again you don’t recall I mean this is a significant number of phone calls that afternoon you don’t recall anything about that?
CJ: No.
MR: Those calls go until almost 2 o’clock, right?
CJ: Er yes.

As regards calls between Joey and CM - CM's phone didn't move off his home towers all day until 5.48pm.

Joey calls CM at 12.52 pm - Joey @ CM's home towers
CM calls Joey at 1.01 pm - Joey @ CFA tower
Joey calls CM at 3.03 pm - Joey @ CFA tower

Then Joey's phone leaves Rancho and follows the route back to Fallbrook

 

[mrjitty]

I've got a little bit of Cathy's testimony transcribed - still working on that marathon of testimony - but this part seems to cover the calls between her and CM:


MR: And then that’s followed by 12 phone calls between the two of you, do you see those?
CJ: Yes.
MR: So from 9041 to 9054 do you remember what those were about?
CJ: I have no idea.
MR: So 13 phone calls back and forth in a short period of time and you can’t tell us what those were about?
CJ: No.
Objection – argumentative – overruled.
MR: You don’ remember anything significant happening on this particular part of the day?
CJ: No.

and then

MR: Now we were going through some of the phone records and there was a series of phone calls between you and the defendant that lasted until right around one, but you testified that you didn’t recall what those were about right?
RM: Objection – assumes facts not in evidence – actual calls – overruled.
CJ: I’m sorry can you repeat the question again?
MR: Sure, you testified that you didn’t actually recall what the calls were about right?
CJ: Correct.
MR: And going back to that same exhibit 439C so 9055 we see another call on February 4th from the defendant to Joseph’s number at 1:01 pm right?
CJ: Yes.
MR: So they wouldn’t have been having lunch yet at that point right?
JM: Objection – calls for speculation – sustained.
MR: And then right underneath that we see again a couple of more phone calls from you and the defendant, do you see that on 9056, 9057, 9058, 9059, 9060, 9061, 9062, 9063, you see all of those?
CJ: yes.
MR: Those are again calls between you and the defendant right?
CJ: Yes.
MR: And the time-frame on that is from 1:04 to 1:58, would that be correct?
CJ: Yes.
MR: And do you recall him being at lunch with Joseph during that time period?
CJ: I do not / JM: Objection – calls for speculation – sustained.
MR: During those phone conversations did he ever tell you he was having lunch with Joseph at that point?
CJ: Not that I recall no.
MR: And again you don’t recall I mean this is a significant number of phone calls that afternoon you don’t recall anything about that?
CJ: No.
MR: Those calls go until almost 2 o’clock, right?
CJ: Er yes.

As regards calls between Joey and CM - CM's phone didn't move off his home towers all day until 5.48pm.

Joey calls CM at 12.52 pm - Joey @ CM's home towers
CM calls Joey at 1.01 pm - Joey @ CFA tower
Joey calls CM at 3.03 pm - Joey @ CFA tower

Then Joey's phone leaves Rancho and follows the route back to Fallbrook

So they telephoned 21 times before 2pm? and 8 of them were between 1:04 to 1:58

Oh dear

 

[Karinna]

Now I've just confused myself because where CFA is located is commonly referred to as Alta Loma and Merritt's apartment complex is in Rancho Cucamonga.

I', sorry, I have no idea what Merritt was trying to say.

BBM, I wonder if this is how he normally speaks to people because he is practically incoherent from what i read from the transcripts, IMO.

 

[Tortoise]

Notice how in the interview they ask him what time he normally goes to bed and he asks Cathy 'what time did we go to bed?'

Cathy testified that they weren't even sharing a bed at that time - he was on the sofa!

 

[mrjitty]

So basically his version for the entire day is nonsense.

 

[Karinna]

Notice how in the interview they ask him what time he normally goes to bed and he asks Cathy 'what time did we go to bed?'

Cathy testified that they weren't even sharing a bed at that time - he was on the sofa!

He is always looking to CJ to alibi him, and it's all full of holes like swiss cheese.

 

[Karinna]

So basically his version for the entire day is nonsense.

Exactly what i am thinking, none of it is legit, IMO.

 

[Karinna]

Merritt doesn't really have any alibi other than CJ does he? So no one else can vouch for him at all during certain crucial times before and after the McStay family ended up missing and eventually found to have been murdered ? Although i suppose some of his casino visits actually happened.

 

[Cricket28]

I was watching or listening to this trialon LawNewz Trials
and then it quit being video taped. Evidently, everyone is still watching somewhere. Can you tell me where?

This is kind of weird.

 

[missy1974]

This is kind of weird.

I saw this post yesterday and I was so confused LOL you need a picture @Cricket28 or 99 does haha

Has anyone gone to L&C or asked cathy russon on twitter if we will get audio later today? (sorry, I don't do twitter)

Been crazy busy the last few days, the trial off days have worked well with my busy days, I am not sure I would have been able to keep up otherwise, so I'm not really complaining but still think the breaks in this trial are ridiculous

 

[oceanblueeyes]

So basically his version for the entire day is nonsense.

Yes.

 

[oceanblueeyes]

So after they get through bullying Mickey, who's next on their list?

Tia

 

[oceanblueeyes]

I've got a little bit of Cathy's testimony transcribed - still working on that marathon of testimony - but this part seems to cover the calls between her and CM:


MR: And then that’s followed by 12 phone calls between the two of you, do you see those?
CJ: Yes.
MR: So from 9041 to 9054 do you remember what those were about?
CJ: I have no idea.
MR: So 13 phone calls back and forth in a short period of time and you can’t tell us what those were about?
CJ: No.
Objection – argumentative – overruled.
MR: You don’ remember anything significant happening on this particular part of the day?
CJ: No.

and then

MR: Now we were going through some of the phone records and there was a series of phone calls between you and the defendant that lasted until right around one, but you testified that you didn’t recall what those were about right?
RM: Objection – assumes facts not in evidence – actual calls – overruled.
CJ: I’m sorry can you repeat the question again?
MR: Sure, you testified that you didn’t actually recall what the calls were about right?
CJ: Correct.
MR: And going back to that same exhibit 439C so 9055 we see another call on February 4th from the defendant to Joseph’s number at 1:01 pm right?
CJ: Yes.
MR: So they wouldn’t have been having lunch yet at that point right?
JM: Objection – calls for speculation – sustained.
MR: And then right underneath that we see again a couple of more phone calls from you and the defendant, do you see that on 9056, 9057, 9058, 9059, 9060, 9061, 9062, 9063, you see all of those?
CJ: yes.
MR: Those are again calls between you and the defendant right?
CJ: Yes.
MR: And the time-frame on that is from 1:04 to 1:58, would that be correct?
CJ: Yes.
MR: And do you recall him being at lunch with Joseph during that time period?
CJ: I do not / JM: Objection – calls for speculation – sustained.
MR: During those phone conversations did he ever tell you he was having lunch with Joseph at that point?
CJ: Not that I recall no.
MR: And again you don’t recall I mean this is a significant number of phone calls that afternoon you don’t recall anything about that?
CJ: No.
MR: Those calls go until almost 2 o’clock, right?
CJ: Er yes.

As regards calls between Joey and CM - CM's phone didn't move off his home towers all day until 5.48pm.

Joey calls CM at 12.52 pm - Joey @ CM's home towers
CM calls Joey at 1.01 pm - Joey @ CFA tower
Joey calls CM at 3.03 pm - Joey @ CFA tower

Then Joey's phone leaves Rancho and follows the route back to Fallbrook

Tortoise do you know if Joey was seen by anyone else on the fourth?

What time did he actually talk on the phone to anyone else that day?

What do you make of the calls from Joey's cell phone you've transcribed here starting at 12:52 through 3:03? Tia

 

[smr]

Really? You don’t think it is possible for others to know that he’s lying about things?

The keyword, which my post was about, is "everything".

 

[Mica]

https://mobile.twitter.com/cathyrusson
Cathy Russon
@cathyrusson


#McStay - Court is back in session today. Morning only session with the jury. Hearing this afternoon without the jury. Defense called Mike McStay to the stand. He will likely be only witness today. Audio recordings of today's session will be on our youtube page this evening

 

[Force Ten]

100% as far as I'm concerned.

TD: And did he call up on his way home to kill time [x] a problem?

CM: Yeah, no…he, I’m almost positive now I’m, I’m trying to remember I was trying to remember earlier when I wrote that down, I’m almost positive that he paid for Chick-fil-A with his credit card or ATM or whatever, so you’d probably be able to look that up. He, he, cos he bought lunch you know, he always bought lunch

Not only did he avoid answering the question about why Joey called him on the way home, he told them they'd probably be able to find proof of Joey's payment. Then "I was trying to remember earlier" means he didn't remember he only tried, and "I'm almost positive" is a get out for him being 100% wrong. But one has to ask why he wants them to look it up, because they weren't asking for proof Joey was there, so why was he even thinking in advance of meeting them that they'd want proof? It's because IMO he knows Joey's trip to Rancho was key. Why was CM preparing on the 17th Feb to back up a lunch meeting if Joey's phone records showed he got home and spoke to CM at 5.48 pm? He's attempted to alibi himself unnecessarily.

And then there's the discussions about the electrical boxes but oops Joey had left the drawings at home...

And the car he saw but didn't - [24:34 Day 10 Pt 4 video]

TD: What was he driving on the 4th?

CM: The white car.

TD: The white Trooper?

CM: The white Trooper.

TD: Nobody with him?

CM: Nobody with him.

TD: Do you know if the child seats were in there? Did you see it?

CM: Yeah, I no, no, I didn’t see it.

And the frantic 20+ calls and attempts to call to Cathy in the hour after Joey arrived, while they're [cough] going over business.

And the absence of anything related to Joey's frame of mind or anything he said, from his recounting of the [cough] meeting.

The cheque serial number he already had in his possession on the 2nd.

There is zero evidence they met. He knows Joey was there because Joey called him to tell him he'd arrived and called him again as he was setting off for home.

JMO

Something I keep noticing in all his interviews, Chase's use of the word "always". Joseph was always doing ....., Joseph always made sure...., Joseph always had....., always. It makes me think he's learned to use this to ensure confidence in those he's talking as to confirm what he's saying. He also often uses the word twice in a sentence.

 

[asyousay]

Cathy Russon
@cathyrusson


#McStay - Court is back in session today. Morning only session with the jury. Hearing this afternoon without the jury. Defense called Mike McStay to the stand. He will likely be only witness today. Audio recordings of today's session will be on our youtube page this evening

I am intrigued to see what happens with Mike today.

 

[Tortoise]

Tortoise do you know if Joey was seen by anyone else on the fourth?

What time did he actually talk on the phone to anyone else that day?

What do you make of the calls from Joey's cell phone you've transcribed here starting at 12:52 through 3:03? Tia

I haven't heard of anyone seeing Joey on the 4th.

His phone records are in this thread https://www.websleuths.com/forums/threads/mcstay-family-comprehensive-timeline.285143/

How that lunch time went down, I believe more than likely, is Joey arrived at CM's apartment but couldn't find him there. I think CM hid from him, maybe in the clubhouse or in his apartment. Joey called him from outside at 12.52 pm and CM told him he was out and to go and find somewhere to eat and he'd meet him there, knowing he wouldn't show up.

CM phoned him at 1.01 pm and Joey told him he was in CFA.

I believe Joey waited, doing some internet business, CM didn't show up and Joey phoned him to let him know he was leaving at 3 pm.

I think CM said he would come to the house later and asked Joey to phone and let him know when he got home.

I also think Joey stopped to do some food shopping on the way home and that's why food was out on the counter still.

 

[Force Ten]

@Tortoise

This is also fascinating. Who told who where Starbucks was?



It's s shame the detectives didn't have better interviewing skills. I realise they don't want to interrupt natural flows, but I do think they needed to circle back to drill down.

I see some obvious reasons why this is not an account from experiential memory and concealing of missing info.

Why does he correct being told where the Starbucks was?

Where is "there" that he gets to? IMO there is missing information here.

"I went over". What is meant by this? I think this speaking from a visual map here, but its strange all the detailed is stripped out.

I really wish they'd come back to this and asked drill down questions.

Where did you arrive at? What time was it? What did you eat? What was Joey wearing. When did Joey leave?

sigh.

Yep it's all convoluted.

 

[smr]

Something I keep noticing in all his interviews, Chase's use of the word "always". Joseph was always doing ....., Joseph always made sure...., Joseph always had....., always. It makes me think he's learned to use this to ensure confidence in those he's talking to confirming what he's saying. He also often uses the word twice in a sentence.

Wonder if such words as 'always', 'definitely', 'sure', are his pet words used loosely.