CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17

[Tortoise]

on Merritt's truck, you couldn't turn off the running lights IIRC That was from Smith's testimony because they tested it when they had the truck.

That assumes the bulbs were working.

 

[geevee]

on Merritt's truck, you couldn't turn off the running lights IIRC That was from Smith's testimony because they tested it when they had the truck.

Burned out bulbs?

 

[asyousay]

on Merritt's truck, you couldn't turn off the running lights IIRC That was from Smith's testimony because they tested it when they had the truck.

When was the truck tested as he could of had completely different bulbs from when the family went missing?

 

[Tortoise]

When was the truck tested as he could of had completely different bulbs from when the family went missing?

2014.

 

[UndiscoveredTruth]

Good morning everyone! *Looks like I haven't missed much lol*

Cathy Russon‏ @cathyrusson 3h3 hours ago
#McStay - Hearing without the jury present. Google rep in court. Defense subpoenaed records from Merritt's google account. Judge quashes the subpoena saying it's too broad. Also, Merritt doesn't remember the answers to security questions

Cathy Russon‏ @cathyrusson 1h1 hour ago
#McStay - There has been a long delay as the judge is reviewing something. They just came back in session for minutes and the judge left again. This is prosecutor Imes reaction to that.
Cathy Russon on Twitter

Cathy Russon‏ @cathyrusson 38m38 minutes ago
#McStay - Finally the jury is brought back in. Watch Live: https://lawandcrime.com/live-trials/live-trials-current/charles-merritt/watch-live-mcstay-family-murder-trial/ …
Cathy Russon on Twitter

Cathy Russon‏ @cathyrusson 32m32 minutes ago
#McStay - Defense video expert on the stand. The jury is seeing the security video from the neighbor's house again (left) AND video of the sheriff's department driving Merritt's actual truck (right)

Cathy Russon‏ @cathyrusson 27m27 minutes ago
#McStay - Defense expert says Merritt's truck side light is 60 inches off the ground. This side light in the security video is much lower. He says if this was Merritt's truck the side light would not be visible in this video.

Cathy Russon‏ @cathyrusson 26m26 minutes ago
#McStay - Court adjourns for a 2 hour lunch. Returns at 2pm pacific time.

 

[asyousay]

2014.

So 4 years later so that means squat. If they had compared the bulbs months later then they have a valid reason. 4 years later not so much.

 

[missy1974]

He probably just took the light bulbs out beforehand ....cuz he's such a mastermind

 

[Tortoise]

So 4 years later so that means squat. If they had compared the bulbs months later then they have a valid reason. 4 years later not so much.

Exactly, and I would query why, if they hadn't been replaced, they were so bright on a 15 year old truck.

 

[Tortoise]

I'd have thought the judge could have explained to the jury why they were taking a 2 hour lunch after leaving them sitting around already most of the morning.

 

[thelmadawg]

I'll be the first to admit I know little to nothing about web hosting or whatever it was that DK did for EIP, however, hasn't it been proven that DK did not sell EIP but rather something to do with the internet stuff?

There would be several issues associated with this question.

Online:
One is the domain, i.e., .com that is the internet location of the online fountain site. This domain is always registered to an owner. IIRC, Dan registered the domain in his name early on when he was helping Joseph set up the site. That became an issue later on when they had the falling out and DK threatened to take down the site, etc. Because the domain was registered in DK's name, he had the ability to sell it, let it lapse or whatever. Even without the domain registration in his name DK could have intentionally disabled the site leaving Joseph with little to do rather than take DK to court or start over with a new domain and website construction if he couldn't come to terms with DK.

You then have the actual online website called "EIP" -- Joseph's earlier online effort consisting mostly of drop-shipped items. I believe DK was the webmaster. As such he would ostensibly take care of technical issues and other matters regarding the site's operation. He was also Joseph's SEO go-to (search engine optimization) meaning that he was responsible for increasing traffic to the site by various means (not worth getting into here) but designed to increase sales by increasing the number of people visiting the site. The site had had a shopping cart system to process the sales through whatever means Joey provided to customers, i.e, PayPal and/or common credit cards.

Custom:
As we know JM also had an increasing business in custom designed water fountains, also under the name of EIP and wholly or predominantly a different animal than the online business. It is this side of the biz where CM enters the picture, and why DK and CM didn't really associate with one another. This side involved physically designing the water features, buying the necessary supplies, assembling and shipping and often reassembling onsite. It was also becoming Joey's most profitable and demanding business efforts, and how he became fatally involved with CM. Why we are here today.

Chaos:
Since all of JM's business seemed to be operated as a sole proprietorship, it appears that all financial decisions and actions quickly became ad-hoc when Joey disappeared. There was no one in Joey's family even remotely qualified or able to operate the online business. Thus, it's easy to see that DK, legally or illegally was the only one alive, really, to help or hinder the online efforts. It seems, IMO, that he did a little of the former and quite a bit of the latter. Mr. Jitty has explained some of the legal principles involved, but in essence, without a strong corporate structure and minus Joey, the online EIP quickly became anybody's game - or so it seemed. It left DK with complete physical (not necessarily legal) control of the online business, that resulted in several apparent buyer scams, possibly fraudulent withdrawals, and ultimately a self-serving sale of the entire operation. The family, I'm sure was at a loss to deal with the intricacies while at the same time in a panic over the missing family.

Sorry for the long-winded account, but some folks seem confused over a fairly confusing business set up.

 

[Tssiemer]

/bash head on table

 

[Texas Red]

So 4 years later so that means squat. If they had compared the bulbs months later then they have a valid reason. 4 years later not so much.

How do you explain the lower side marker that's visible in the surveillance video but not present on CM's truck? It couldn't have been a burned out bulb since there is no light fixture on that area of his truck.

 

[Mony Mony]

There would be several issues associated with this question.

Online:
One is the domain, i.e., .com that is the internet location of the online fountain site. This domain is always registered to an owner. IIRC, Dan registered the domain in his name early on when he was helping Joseph set up the site. That became an issue later on when they had the falling out and DK threatened to take down the site, etc. Because the domain was registered in DK's name, he had the ability to sell it, let it lapse or whatever. Even without the domain registration in his name DK could have intentionally disabled the site leaving Joseph with little to do rather than take DK to court or start over with a new domain and website construction if he couldn't come to terms with DK.

You then have the actual online website called "EIP" -- Joseph's earlier online effort consisting mostly of drop-shipped items. I believe DK was the webmaster. As such he would ostensibly take care of technical issues and other matters regarding the site's operation. He was also Joseph's SEO go-to (search engine optimization) meaning that he was responsible for increasing traffic to the site by various means (not worth getting into here) but designed to increase sales by increasing the number of people visiting the site. The site had had a shopping cart system to process the sales through whatever means Joey provided to customers, i.e, PayPal and/or common credit cards.

Custom:
As we know JM also had an increasing business in custom designed water fountains, also under the name of EIP and wholly or predominantly a different animal than the online business. It is this side of the biz where CM enters the picture, and why DK and CM didn't really associate with one another. This side involved physically designing the water features, buying the necessary supplies, assembling and shipping and often reassembling onsite. It was also becoming Joey's most profitable and demanding business efforts, and how he became fatally involved with CM. Why we are here today.

Chaos:
Since all of JM's business seemed to be operated as a sole proprietorship, it appears that all financial decisions and actions quickly became ad-hoc when Joey disappeared. There was no one in Joey's family even remotely qualified or able to operate the online business. Thus, it's easy to see that DK, legally or illegally was the only one alive, really, to help or hinder the online efforts. It seems, IMO, that he did a little of the former and quite a bit of the latter. Mr. Jitty has explained some of the legal principles involved, but in essence, without a strong corporate structure and minus Joey, the online EIP quickly became anybody's game - or so it seemed. It left DK with complete physical (not necessarily legal) control of the online business, that resulted in several apparent buyer scams, possibly fraudulent withdrawals, and ultimately a self-serving sale of the entire operation. The family, I'm sure was at a loss to deal with the intricacies while at the same time in a panic over the missing family.

Sorry for the long-winded account, but some folks seem confused over a fairly confusing business set up.

So if DK owned the domain name, seems to me he could sell the domain name. Also, he had a PayPal debit card and seemed to be an authorized user of the PayPal account (let me know if that is incorrect). Still don't see what was illegal.....

 

[Tortoise]

How do you explain the lower side marker that's visible in the surveillance video but not present on CM's truck? It couldn't have been a burned out bulb since there is no light fixture on that area of his truck.

View attachment 180932

The witness also believes a latch on the back of the truck was causing reflections in the security video, further evidence in his mind that the truck in the video is Charles Merritt's work truck.
Rob McMillan (@abc7robmcmillan) | Twitter

That's what the state expert testified to.

 

[Texas Red]

So if DK owned the domain name, seems to me he could sell the domain name. Also, he had a PayPal debit card and seemed to be an authorized user of the PayPal account (let me know if that is incorrect). Still don't see what was illegal.....

Except JM had already purchased DK's interest in the business from him, unfortunately, for DK it's not legal to sell one entity twice.

 

[Mony Mony]

Ok, got my wireless earphones all charged, I am caught up on my work work. Let's get started!

 

[Texas Red]

The witness also believes a latch on the back of the truck was causing reflections in the security video, further evidence in his mind that the truck in the video is Charles Merritt's work truck.
Rob McMillan (@abc7robmcmillan) | Twitter

That's what the state expert testified to.

Of course the mysterious hovering reflection that follows the truck like a UFO. The problem with that explanation is there was not a bright enough source present to create such an intense reflection and even if there was how come no other surface on the truck reflected it? The argument that the vehicle in the video was in fact Merritt's is now bordering on absurd.

 

[thespeculator]

He probably just took the light bulbs out beforehand ....cuz he's such a mastermind

OR...

He was too lazy (or too broke) to change the running lights after they had burned out. Line of reasoning by Merritt: "If I have 2 functioning headlights, then why the hell should I need front running lights also?" Would have saved him a few bucks and 30+ minutes not replacing the burned out front running light bulbs.

 

[Mony Mony]

Except JM had already purchased DK's interest in the business from him, unfortunately, for DK it's not legal to sell one entity twice.

The sale to Joey wasn't completed or final.

 

[Bernina]

So 4 years later so that means squat. If they had compared the bulbs months later then they have a valid reason. 4 years later not so much.

And what about the plastic lens covers on the running lights themselves? They get "hazy" and your lights are dimmer. The owner in 2014 probably replaced them.