CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #15

[Karinna]

Thanks. I'm referring to the date of the interview with Chase.

Oh no problem. I don't think it actually gave a date in the OS by the state that i read, but it looks like from that the SW was done on the 19th. after the interview with CM.

 

[Karinna]

Delete

 

[InspectorGadget]

I wonder has it ever occurred that he was passenger and driver at different intervals? I think that could be a possibility as well IMO.

Do you think perhaps the air conditioning might have an effect? Maybe it blows the dna from one side of the car to the other since Joey's dna seems to be on the passenger side.

 

[InspectorGadget]

IIRC in Dugal's testimony, they didn't have a warrant when the dogs were on site. He testified that they were not allowed inside. He first got entry for the welfare check?

While i understand Dugal's difficulty in getting a warrant, I think he didn't make like easy for himself

Something I find strange in this case, is why, where Joey's mum was in lawful possession of the house, she couldn't just invite Dugal in for a walkaround?

IIRC someone has said before that only the owner or presumably a tenant can consent, but I don't know the law in the US

Surely because it isn't her house? She didn't have lawful possession at that time.

 

[InspectorGadget]

From Opening statements before the SW's
RSBM
CHARLES MERRITT’S INTERVIEW WITH SDSD


https://www.websleuths.com/forums/threads/opening-statements.413276/

Yes. I don't think they actually mentioned the date in the opening statements.

 

[missy1974]

IIRC in Dugal's testimony, they didn't have a warrant when the dogs were on site. He testified that they were not allowed inside. He first got entry for the welfare check?

While i understand Dugal's difficulty in getting a warrant, I think he didn't make like easy for himself

Something I find strange in this case, is why, where Joey's mum was in lawful possession of the house, she couldn't just invite Dugal in for a walkaround?

IIRC someone has said before that only the owner or presumably a tenant can consent, but I don't know the law in the US

The dogs were there on the 19th when they executed the search warrant. Dugal really didn't have a good answer as to why they didn't go into the house. Regardless, if the family was killed in the home, they had to leave the home in some manner, and the cadaver dogs did not alert anywhere outside the home.

ETA: IIRC there was no specific reason why they were called in, he arranged for them prior to executing the search warrant just as another investigative tool.

 

[missy1974]

The date of the Chases interview with Dugal/Fiske was on February 17th, 2010, it's at the beginning of his interview.

 

[InspectorGadget]

The dogs were there on the 19th when they executed the search warrant. Dugal really didn't have a good answer as to why they didn't go into the house. Regardless, if the family was killed in the home, they had to leave the home in some manner, and the cadaver dogs did not alert anywhere outside the home.

So I think that provides good evidence that the family were alive when they left the house.

 

[missy1974]

So I think that provides good evidence that the family were alive when they left the house.

It's one of the reasons that I am not convinced they were killed in the home. Well trained cadaver dogs would have alerted IMO And it wasn't just one dog, Dugal said it was 2 or 3, he couldn't remember.

 

[Force Ten]

It's one of the reasons that I am not convinced they were killed in the home. Well trained cadaver dogs would have alerted IMO And it wasn't just one dog, Dugal said it was 2 or 3, he couldn't remember.

But they were outside the house only. The dogs were never in the home.

 

[Karinna]

Quite. Archaic.

The context i used the meaning of the word in was in artful, cunning, wily, etc. in one's dealings with others. To clarify. Maybe i should of used a different word, lol,

 

[Karinna]

Do you think perhaps the air conditioning might have an effect? Maybe it blows the dna from one side of the car to the other since Joey's dna seems to be on the passenger side.

Well i'm not sure if touch DNA is affected by the air conditioning, i wouldn't think so though.

 

[Niner]

Monday, April 8th:
*Trial continues (Day 37) (@ 9:30am PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt (53 @ time of crime/now 60 (61 on 5/2)) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance; plead not guilty. DP case.
Trial started 1/7/19. Dark on all Fridays. 12 jurors & 6 alternates were finalized on Tuesday (12/11/18). 8 women & 4 men, while the alternates include 4 men & 2 women.
See Trial Days 1 (1/7/19) thru Day 34 (3/19/19) reference post #309 here:
CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #14
3/20/19 Update: Judge and counsel only. Re Status hearing re Subpoena duces tecum (Microsoft). Trial continues with jurors on 4/3.
3/25/19: Motion Filed: Non-Party Microsoft Corporation's Motion To Quash Defendants Subpoena Duces Tecum; Declaration Of Amanda Murray In Support Of Non Party Microsoft Corporation; Motion To Quash Defendants Subpoena Duces Tecum. Will be heard on April 11.
3/26/19 Update: Today's hearing (6 mins long) dealing with defense response to subpoenas from state for interviews with Merritt conducted by documentary crew. Prosecutor Melissa Rodriguez said the defense filed an additional response "under seal", hearing delayed to April 11.
3/27/19 Update: Pros filed an additional motion (at some point I'm not sure when) to exclude some of the testing and testimony of Beasley, and Pros still has not received all of the discovery, defense can't respond to pros without knowing what his report is, he will put the footage on a thumb drive and give it to the pros, pros motion will be heard April 3rd pm. Jury will hear testimony in am.
4/3/19 Day 35: Jury only for am session. Defense witness: Michael McStay. Det. Ryan Smith. Trial continues on 4/4.
4/4/19 Day 36: Defense witness: Suzanna Ryan, described & demonstrated the M-Vac forensic DNA collection system. Trial continues on Monday, 4/8.
4/5/19: Other hearing re defense witness Cybergenetics Chief Scientist Dr. Mark Perlin (re DNA mixture).
Schedule for week of April 8th to 12th: Court on April 8 (Monday), April 9 (Tuesday), and April 10 (Wednesday). April 11 (Thursday)-NO jurors-Other hearing: Microsoft & Google Motion to Quash Defendants Subpoena Duces Tecum & Documentary crew interview w/Merritt. DARK on April 12 (Friday). Jurors informed they should have the case by end of April.

 

[Karinna]

Surely because it isn't her house? She didn't have lawful possession at that time.

Did JM give his mother a key to their home? How did she let herself into the house?

 

[Karinna]

So I think that provides good evidence that the family were alive when they left the house.

How so, do you think?

 

[Karinna]

It's one of the reasons that I am not convinced they were killed in the home. Well trained cadaver dogs would have alerted IMO And it wasn't just one dog, Dugal said it was 2 or 3, he couldn't remember.

I'm not sure if the family were removed from the home very quickly whether there would be any cadaver evidence if they had died there?

 

[mrjitty]

The dogs were there on the 19th when they executed the search warrant. Dugal really didn't have a good answer as to why they didn't go into the house. Regardless, if the family was killed in the home, they had to leave the home in some manner, and the cadaver dogs did not alert anywhere outside the home.

ETA: IIRC there was no specific reason why they were called in, he arranged for them prior to executing the search warrant just as another investigative tool.

It's unlikely they would hit outside IMO - needs to be place where bodies were lying.

 

[Tortoise]

Good point! I recall a similar sentiment voiced in a comment by poster JMarsh a while ago, who said Chase's letting the investigators/prosecutors(?) access and investigate as much as possible about the case was contrary to what a guilty person would do.

He would use the excuse that he was in their house almost every day, he'd moved their house contents for them and that probably included their clothing, he'd used their hammer to build the decking and the shed, he'd sat on their furniture, he'd dried his hands on their towels, etc.

DNA is only really useful when the perpetrator is unknown to their victims.

JMO

 

[mrjitty]

I'm not sure if the family were removed from the home very quickly whether there would be any cadaver evidence if they had died there?

IIRC its possible for a dog to give a hit on a body that was present for as little as 30 mins after death - but more usually the corpse has lain somewhere for longer than that.

I think it is quite unlikely the dog could hit on bodies from outside the house, or on a scent via merely carrying bodies say to a vehicle

 

[mrjitty]

But they were outside the house only. The dogs were never in the home.

Exactly.

I suspect with multiple dogs, one was a blood dog. Often they are used in pairs.