CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #18

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  • #321
These are the amounts Merritt received for Paul Mitchell and Saudi Arabia. Cheques were all backdated to Feb 4th.

Paul Mitchell - total job $31,500 - Joey received 50%+ deposit $16,000 on Jan 25th and on Feb 1st wrote a cheque $6,350 to Metro, leaving $9,650 in bank.

Feb 5th $4,500 - cheque written out of EIP
Feb 22nd $5,000 - Wire transfer from Paul Mitchell to CM
Total paid to Merritt $9,500

So of a balance of $15,500 due from Paul Mitchell - did they only pay another $5,000 after Jan 25th? Maybe there was another wire court disallowed paid in New York?



Saudi Arabia -
total job $61,542 - Joey received 50% deposit $30,733 on Jan 22nd and same date wrote cheque $9,250 to Metro, leaving $21,483 in bank.

Feb 2nd $2495 - cheque written out of EIP - memo deposit
Feb 5th $2350 - ditto - memo lighting install
Feb 8th $6500 - ditto - memo saudi arabia final
Total cheques $11,345
Mar 5th - $13,862 - wire transfer from SA to CM ($16,839 also wired to DK)
Total paid to Merritt $25,207

Did Susan/Dan pay him something for this job also? The memo line of 'saudi arabia final' on Feb 8th cheque (backdated to Feb 4th) is before SA paid the final bal.

Joey's email - notably the witness says money would have immediately become due to Merritt upon Joey receiving the 50% deposit but Joey chose not to issue him any money yet, despite choosing to pay Metro.

View attachment 182046

MOO

I haven't really had a chance to go through all the testimony yet. But the January 22nd date is interesting...

He, Charles Merritt was actually added to the Contact side of QB's on January 22nd. He was also given a cheque dated January 22nd, which I believe is the first typed cheque.

ETA: Just noticed the cheque number is 4152.
 

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  • #322
I haven't really had a chance to go through all the testimony yet. But the January 22nd date is interesting...

He, Charles Merritt was actually added to the Contact side of QB's on January 22nd. He was also given a cheque dated January 22nd, which I believe is the first typed cheque.
Do you mean Joey's first typed cheque ever, or the first typed cheque to Merritt?
 
  • #323
Do you mean Joey's first typed cheque ever, or the first typed cheque to Merritt?

I can't find any before then that were typed, at least not that they showed..... I will go back and have another look, reading your post, the January 22nd day stood out to me is all. I can't recall who's testimony I noticed the QB's added vendor in... might have been La Rocks?

ETA: the cheque came from Smith's testimony... he actually says "this is one of the first printed cheques Merritt received"
 
  • #324
Yes it really makes no sense since they had to agree to consider death if appropriate when selected.

This is a wild guess, and probably wrong.

Could the juror be of Muslim faith? Isn't Ramadan soon, and last for a month or more? Do they have to fast during this time?

Imo
How would fasting interrupt their ability to be present though? Unless there are other rituals to be performed along with it? I'll look it up.
 
  • #325
I can't find any before then that were typed, at least not that they showed..... I will go back and have another look, reading your post, the January 22nd day stood out to me is all. I can't recall who's testimony I noticed the QB's added vendor in... might have been La Rocks?

ETA: the cheque came from Smith's testimony... he actually says "this is one of the first printed cheques Merritt received"
I've just checked back to Hanke's testimony and he says cheques were made out to Metro in Dec 2009 which were properly capitalized and I assume this was typed cheques rather than handwritten if it was being used as a comparison. So I think you're correct that he meant first typed cheque in regards to Merritt.
 
  • #326
How would fasting interrupt their ability to be present though? Unless there are other rituals to be performed along with it? I'll look it up.
I think it's likely to be quite fatiguing and it would affect concentration. IMO
 
  • #327
I've just checked back to Hanke's testimony and he says cheques were made out to Metro in Dec 2009 which were properly capitalized and I assume this was typed cheques rather than handwritten if it was being used as a comparison. So I think you're correct that he meant first typed cheque in regards to Merritt.

Yep, sorry, I should have been more clear... first typed cheque to Merritt. I know there were typewritten one's at least to Metro before then, Joey seemed to send both typed and handwritten cheques to Metro, I believe we heard that in Carmen's testimony as well.

It was just recently that I realized that the Jan 22/10 cheque was the first typed cheque to Merritt, then I saw that he was added on Jan 22/10 to the contact list as well, which was interesting because I had assumed he had been in the Contact vendor list for years. Guess not.
 
  • #328
Hopefully we will hear about McGee today as it does seem suspicious the case isn’t going his way (imo) and now suddenly super sick which would give Chase more grounds to appeal.
I don't think so. There's a good chance McGee may win this trial and if his ego is anything like most lawyers he'll be back if at all possible.
 
  • #329
Yep, sorry, I should have been more clear... first typed cheque to Merritt. I know there were typewritten one's at least to Metro before then, Joey seemed to send both typed and handwritten cheques to Metro, I believe we heard that in Carmen's testimony as well.

It was just recently that I realized that the Jan 22/10 cheque was the first typed cheque to Merritt, then I saw that he was added on Jan 22/10 to the contact list as well, which was interesting because I had assumed he had been in the Contact vendor list for years. Guess not.
I think he was in the contact vendor list as I Design Chase, IIRC.
 
  • #330
Saudi Arabia - total job $61,542 - Joey received 50% deposit $30,733 on Jan 22nd and same date wrote cheque $9,250 to Metro, leaving $21,483 in bank.

Feb 2nd $2495 - cheque written out of EIP - memo deposit
Feb 5th $2350 - ditto - memo lighting install
Feb 8th $6500 - ditto - memo saudi arabia final
Total cheques $11,345
Mar 5th - $13,862 - wire transfer from SA to CM ($16,839 also wired to DK)
Total paid to Merritt $25,207

Did Susan/Dan pay him something for this job also? The memo line of 'saudi arabia final' on Feb 8th cheque (backdated to Feb 4th) is before SA paid the final bal.

Joey's email - notably the witness says money would have immediately become due to Merritt upon Joey receiving the 50% deposit but Joey chose not to issue him any money yet, despite choosing to pay Metro.

View attachment 182046

MOO

I thought a bit about this during the testimony.

Chase appeared to be careful to create 3 cheques for the correct amounts & notations to fit with Joey's schedules. So if anyone is looking later, e.g. when reconciling the accounts - these would appear to be 3 legitimate cheques created by Joey (thanks to the backdating)

The only problem being the quick books activity is after 4 feb - which is why deleting QB was the key final step.

So I actually changed my mind about this.

At first I just assumed he was robbing Joey multiple times for random amounts to go gambling. But actually he was carefully extracting his payments for these jobs.

if he didn't do that - then by murdering Joey, he would have stiffed himself out of the cash from the current deal flow.

IMO he was sour about his reduced status and aimed to steal the business now that the big time beckoned.
 
  • #331
He now says compression artefacts would make a 'light' disappear and change in intensity, he didn't answer that last week with the same expertise.
He briefly mentioned compression artifacts in his original testimony, I believe he wanted to study up on the technical aspects of video codecs and any anomalies associated with them. This way before giving a detailed explanation he'd be sure to be accurate in his testimony.

However what I think most damages the DT's argument is that they tried to find out if Mike owned the same make and model of truck. Seems like an admission to me, not that lawyers questions are evidence.
I believe the vehicle shown in the video is a truck or SUV, it's too high of profile to be a car. The defense is aware of this but like me they don't believe it's CM's truck because the lower side marker light wasn't present on CM's truck but perhaps, MM's truck did have a lower side marker light.
 
  • #332
I don't think it's true either - the best witness to this is Joey's actions IMO.

Yes it's not correct.

IIRC he was discussing that in the 65% context. The deposit triggered construction start which meant various Chase payments - e.g. payments on behalf for materials so construction could start, deposit to chase etc

But as you see in the schedule, Chases 65% was broken out into multiple payments as the project developed.

Also the final payment was due on delivery - so the idea was presumably Joey did not big credit risk.

Provecho seems to have been a job where Joey did pay out more than 100% of the deposit however?
 
  • #333
  • #334
Yes it's not correct.

IIRC he was discussing that in the 65% context. The deposit triggered construction start which meant various Chase payments - e.g. payments on behalf for materials so construction could start, deposit to chase etc

But as you see in the schedule, Chases 65% was broken out into multiple payments as the project developed.

Also the final payment was due on delivery - so the idea was presumably Joey did not big credit risk.

Provecho seems to have been a job where Joey did pay out more than 100% of the deposit however?
Do you know why the judge didn't allow the prosecutor to say wtte 'if we've heard evidence that he told someone he owed Joey that money for Provecho blah blah'?

Is it because he wasn't under oath when he said it in the jailhouse tape?
 
  • #335
...notably the witness says money would have immediately become due to Merritt upon Joey receiving the 50% deposit...

This part made no sense. Why would Joey pay Merritt his full portion upon receipt of the deposit considering the job may not get paid out in full for various reasons? I don't think this part is accurate/true.

I think it just meant some money - i.e. to start the job.
 
  • #336
Do you know why the judge didn't allow the prosecutor to say wtte 'if we've heard evidence that he told someone he owed Joey that money for Provecho blah blah'?

Is it because he wasn't under oath when he said it in the jailhouse tape?

She was allowed to say it, or put it into the question, from what I heard. That question wasn't objected to. Right afterwards, she asked if he was aware that Merritt denied doing any work on that Provecho job.... there was an objection 'mis-states the evidence' ... it was sustained as assuming facts not in evidence.
 
  • #337
She was allowed to say it, or put it into the question, from what I heard. That question wasn't objected to. Right afterwards, she asked if he was aware that Merritt denied doing any work on that Provecho job.... there was an objection 'mis-states the evidence' ... it was sustained as assuming facts not in evidence.
Ah ok, I thought it was objected to and went to sidebar.

That second question, I wonder where it came from, maybe it was in an email not in evidence because I hadn't heard it before.
 
  • #338
There were some questions yesterday about the other attorney that spoke early in the morning.... His name is Jacob Guerard, he has been there throughout, but yesterday was the first time we heard from him I think.

https://www.mcgeeplc.com/attorney/jacob-s-guerard/
 
  • #339
Ah ok, I thought it was objected to and went to sidebar.

That second question, I wonder where it came from, maybe it was in an email not in evidence because I hadn't heard it before.

I know sometimes the sidebar's are edited out, but I don't recall that when listening yesterday, and it doesn't 'look' like it was edited out in the youtube video because there was no mention objection.

As for that info... no clue because those of us that have read the long email thread about Provecho, we see that he did do the work, unless Joey was lying, which I don't think that is the case...
 
  • #340
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