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

[missy1974]

So the cartel was mentioned in the trial itself?

I havent had time to listen to MMs testimony yet. Tia

His statement to a reporter about finding 2 shallow graves did ... and like I said, putting into perspective or context of why he may have said something like that at the time is important. It doesn't have to mean he dug 2 shallow graves is what I'm saying. Jmo

 

[mrjitty]

If it's the defense claim DK doesnt have an alibi, it's on them to prove he doesn't have one, since they are the ones making the claim to this jury.

It's on them about MM too. So if they are wanting to imply MM had no alibi, nothing was stopping them from presenting evidence of that.

Especially re DK because the state did produce evidence of his alibi 2x

Dugal said he saw flight documentation

The other detective said his team members eliminated DK from the inquiry.

So that is prima facie evidence that DK did not do it.

Anything else is wild speculation until the defence introduce at least one piece of evidence that DK did it

 

[Tortoise]

So the cartel was mentioned in the trial itself?

I havent had time to listen to MMs testimony yet. Tia

No it wasn't mentioned. All he said was that there were many possibilities and theories and that his fear was that it was a possible homicide and not a missing persons case.

 

[missy1974]

Well according to this and did JM own one of those?
(quote)
eMachines was a brand of low-end personal computers. In 2004, it was acquired by Gateway, Inc., which was in turn acquired by Acer Inc. in 2007. The eMachines brand was discontinued in 2013.
eMachines - Wikipedia

The e-machine was device 4, and they went into great detail about it during Schroeder's testimony. The model was a T2040 IIRC. It was a tower, not a laptop. I would post more detail but I'm not home right now. I believe this was the computer that they got the internet history from.

 

[oceanblueeyes]

Self deleted post.

 

[oceanblueeyes]

Self delete.

 

[Karinna]

The e-machine was device 4, and they went into great detail about it during Schroeder's testimony. The model was a T2040 IIRC. It was a tower, not a laptop. I would post more detail but I'm not home right now. I believe this was the computer that they got the internet history from.

Yes you're right it is a tower. They are related to desktop PC's as towers are for desktop computers.

 

[shannon.spike.1]

I shouldn’t have said ‘all’ graves in desert are shallow

But many are because it is often hard to go deep because the ground below the top
Sandy soil is very hard and rock like because of the lack of water

I agree. Also, the deeper you go, the more you have to bend your knees and lean down to access the dirt at the bottom of the hole--it's physically a whole lot more effort the deeper you dig. Two shallow holes would be much easier and faster to dig.

 

[Bernina]

The issue is not bodies being found in the desert. The issue is bodies being found in two shallow graves.

How can that be an issue? Almost all bodies buried in the desert are buried in "shallow graves".
I've lived in the High Desert for 29 years, before that in the Scottsdale/Phx area for 29 years. When a body is found buried in the desert, it's in a "shallow grave". It's the soil and lack there of: caliche, granite, sand, very large rocks, etc.
Unless you have a backhoe, and then you have a good chance of busting the teeth on the bucket.
Fence companies use hydraulic post pounders and augers because it's so labor intensive. You're lucky to get to 18" with a manual post hole digger or a shovel.
It takes me an HOUR to dig a 8' deep x 6' long x 8' wide with an extend-a-hoe to bury a horse in. I've been operating heavy equipment for 26 years, digging septics. leach lines, electrical, and gas lines.
No, "shallow graves" is NOT an issue, it's a fact.

 

[Force Ten]

As you know I've always been pretty sceptical about calling Dan.

It opens up a primary witness on so most post crime stuff that could go horribly wrong.

e.g if Dan has a good alibi, what's to stop him sitting there and saying once he realised Joey was long term MIA he simply grabbed his chance to fly solo? But then detailing how much money Chase scammed? With Chase not testifying this seems hideously risky.

With the defense calling Dan, they are just trying to poison the well. I'm convinced they don't believe their client is innocent either.

If Dan is smart he should get up there to testify what he was doing with the money in the early days (like the $5k he gave Chase) and why, but also admit to making bad choices in taking people's money representing EIP and not fulfilling the product. Selling the company is not even relevant as he sold it a year and a half later.

 

[Force Ten]

The issue is not bodies being found in the desert. The issue is bodies being found in two shallow graves.

He also said "with crosses". Of course such a find would be ridiculous. This is someone who said this under an incredible amount of stress being pressed for a comment. Missing people that are found deceased are commonly found in hastily dug shallow graves.

It's equivalent to a missing person from a boat. "Well my worst fear is they are lost at sea".

 

[Karinna]

According to Mike... He took the E-MACHINE, which is a tower, this was not a laptop. I'm not sure where the laptop came from but it's incorrect according to Mike.

Just to quote your post again missy, according to the San Diego search warrants and what was taken by LE from the McStay home, they seized
8.) Dell Inspiron Laptop from shelf in kitchen.
9) E Machine Computer T2040 from den.
10) H.P. Computer HPM 700 from den.
So i imagine that 9 and 10 were desktop computers?, and as it states in the warrants that 8 was the Dell laptop. Why would MM say he took the tower without the actual computer i wonder? Or did he take the actual computer as well? And when did he take it and then bring it back for LE to take it from the home according to the SW?
Search Warrants from San Diego Sheriff's Investigation into McStay...

 

[asyousay]

He also said "with crosses". Of course such a find would be ridiculous. This is someone who said this under an incredible amount of stress being pressed for a comment. Missing people that are found deceased are commonly found in hastily dug shallow graves.

It's equivalent to a missing person from a boat. "Well my worst fear is they are lost at sea".

In two graves though. He was specific on two graves. How would he know that precisely!!

That’s not a normal turn of phase and stands out like a sore thumb. Even psychics would of been hard pressed to pull that out of the hat.

 

[Force Ten]

I agree. MM was just trying to think of why his family was missing.

I'm sure he tossed around every idea he could think of at the time to possibly explain why all four had disappeared.

It's common for in laws to have tifts with each other at times about things they dont agree on. I found Mike's disagreement with Summer a trivial tift. Much ado about nothing. They would have worked it out, but were never given a chance.

No way, no how would MM have the raw rage, and hatred it took to murder all four of his family, including murdering his two little nephews.

I really detest the defense stooped so low as to imply MM may have murdered them. I think the jury will be incensed as well.

I'm also glad judge Smith made it clear there is no evidence MM committed these murders.

Plus I thought the defense is DK is the one? What it shows is all they can do is sling mud.

This defense is very typical. It isn't as they promised in their build up in OS. They haven't put forth one piece of evidence or witness that disproves the state's case. Thus far all they have done is try lamely to distract.

Missy said she remembers posters said finding shallow graves with dead bodies in the desert wasn't common. I recall it much differently. There was much discussion at the time, how it is common for the desert to be an area where bodies are found in shallow graves.

Iirc news articles were linked showing other victims who had been found in shallow graves in the desert. A common dumping ground where murderers place the bodies. These jurors know that as well, imo.

Most murders who buried their victims did bury them in shallow graves. Due to ground soil, not only in the desert, but other areas of the country as well, often makes it difficult to dig a six by six foot deep hole, plus it takes a lot of time.

And that is enough for one body to be concealed. Here CM had four so he dug two shallow graves. This saved him having to dig deep, and wide holes, and it also was much quicker, and we know how CM likes to cut corners.

I do understand travelbug believing this trial will not end in a unanimous verdict.

Then I reflected back to the other trials I have followed, and realized that is commonly said on all of them. Just like some seem to commonly believe the state hasn't proven the case, or the defendant is innocent, no matter who's trial was being held.

So in the end what we may or may not believe in any case, has no bearing on what the juries believed, since 99.8 end in a unanimous verdict, one way or the other. Our thought, and opinions, simply isnt representative of how any verdict will end.

Jmo

I agree 100%. To bring up again there was friction between Summet and Mike to make it out be enough for him to carry out four murders is way out there. I was waiting for Maline to ask "So Mikey, what really happened July 4th?".

 

[Force Ten]

In two graves though. He was specific on two graves. How would he know that precisely!!

That’s not a normal turn of phase and stands out like a sore thumb. Even psychics would of been hard pressed to pull that out of the hat.

I don't see too much into that. He was thinking of his brother and Summer individually, then his nephews as an afterthought.

 

[Bernina]

I was expecting them to show his phone records, and they didn't Maline showed Mike his cell records but of course, they didn't have cell tower info or they were never analyzed or maybe they never got a detailed Call record?

Mikey's cell phone records were requested by warrant SBSW #14-1096 on August 6th, 2014.
http://ftpcontent.worldnow.com/kfmb/misc/mcstay_warrants.pdf

From the Warrant:

"THEREFORE, YOU ARE COMMANDED TO SEARCH: (Additional locations may be listed in Attachment "A") Sprint Wireless I Nextel Wireless 6480 Sprint Parkway Overland Park, Kansas 66251 Further described as: the service provider for cell phone #949-337-3317, the identified cell phone number for Michael McStay (DOB: 01 /23173)"

"ITEMS TO BE SEIZED & COLLECTED: Documents, records and information which will supply subscriber/toll information for 949-337-3317, published/non-published telephone numbers incoming/outgoing with cell site locations, from the period of time beginning 02/01/110, to and including 02/28/10 by billing cycle and to include any additional telephone lines at said service addresses. Also to include all incoming/outgoing text messages, emails, picture messages, voicemail messages, account registration, credit information, billing and airtime records, outbound and inbound call detail, connection time and dates, Internet routing information (Internet Protocol numbers), message content, identification of person(s) accessing or utilizing the account, and pin numbers from the phone lines during the same above time line."

 

[Tortoise]

I wonder why they never raised the issue of the money from the sale of the home appliances. I suppose the issue may have been quashed by the state at a hearing we didn't get audio for.

I'm surprised the defense didn't do their homework on the truck that didn't belong to Mikey. Oops!

 

[Force Ten]

I wonder why they never raised the issue of the money from the sale of the home appliances. I suppose the issue may have been quashed by the state at a hearing we didn't get audio for.

I'm surprised the defense didn't do their homework on the truck that didn't belong to Mikey. Oops!

Yeah Maline "Didn't you own a truck exactly like Chase's?" Mike "No, mine, it's a dually". I would have loved to see Maline's reaction.
"But it was white, correct?" Mike "yes, white".

 

[Mica]

@Mica Just to clarify here is what Tricia said, on page #5 of this thread.
RSBM
Hi Everyone,

There is an agenda here and I am not going to allow anyone to use Websleuths to support their own agenda.

The case we are discussing is the trial of Chase Merritt in the McStay family murders.

If evidence is presented in court of a cartel then yes we can discuss it. If not then we need to stop bringing it up.

First of all I don’t have an agenda.

Read my post again and pay attention to the BBM.

Snip

My fear is that I’m looking for two adult shallow graves and… my two nephews’ crosses,” Michael McStay told the Register in March 2010. “If there’s no evidence of foul play at the house, like police said, it doesn’t mean there’s not a crime scene elsewhere.”

Google cartel shallow graves - they bury their victims in shallow graves. Many articles attest to this. Since Mexico was on the radar at the time, perhaps he felt his family fell victim to a cartel.

Cartels are also involved with sex trafficking of children. Mike also made several comments about the possibility of the children falling victim to it.

MM might have made the comment related to the shallow graves in early 2010 (that came up in testimony yesterday) because of the connection LE was making to Mexico at that time. He also suggested a possibility of trafficking of the children at that time. Cartels are involved in trafficking and burying victims in shallow graves. Those are facts. I was just merely suggesting this could have been a reason MM made the comment he did. NO AGENDA.

 

[Tortoise]

It's the strangest defense strategy I ever saw.

They had Mike back specifically to infer he did it, so how on earth are they going to put on their case that Dan did it? They remind me of headless chickens.