CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #2

[Texas Red]

Again just to clarify BIB

As a question of contract law, MSM's client was EIC. Therefore MSM could only seek the money from EIP. (i.e. Joey)

Sequieda was not suggesting that CM owed them money. He was suggesting that when EIP didn't pay, it turned out CM had misappropriated the money.

This is why Joey had to pay twice, because legally EIP still owed the money to MSM

What we don't know is how CM misappropriated the cash.

If he simply diverted bulk funds from Joey into different projects this would not necessarily be criminal (though might have been grounds for Joey to sue him).

If he cashed an MSM cheque - that would be fraud.

I guess if he cashed an MSM cheque - that evidence will come from forensic evidence of EIPs accounts (not from the MSM people)

Even if the checks Joey gave to CM showed MSM as the payee, CM, could have cashed them by filing and obtaining a DBA under the name MSM and then using that document to open a bank account under that name.

 

[Texas Red]

Could the defence compel DK to testify?

Joey might have been on a step learning curve about running a business, but there is no way he would have let CM-who he knew had a gambling problem, and had a criminal history- access to business credit cards and cheques. No way in the world. (Even a trusted employee spending like that, honestly on behalf of the business- would make a messy paper trail that would need to be reconciled every month)

Thank you for the tweets, and the you tube links. (It is a long weekend in Australia, and I have catch up plans!)

The defense could subpoena DK and put him on the witness stand however, if DK invoked his 5th amendment right, they couldn’t force him to testify.

 

[Bernina]

Even if the checks Joey gave to CM showed MSM as the payee, CM, could have cashed them by filing and obtaining a DBA under the name MSM and then using that document to open a bank account under that name.

...or maybe "3rd party" check cashing?

 

[katydid23]

See that doesn’t work though with the Mcstays because we know the dogs being abandoned in the garden was a flag. Anybody who claimed to know the family as well as Chase did should of know as soon as he saw those dogs in the garden something was massively wrong.

McGyver said the same thing in his testimony that Summer would NEVER of just gone away without proper care for those dogs. Chase also said the same thing that the dogs ALWAYS slept inside so then that doesn’t tally with the family just one evening abandoning them to go off on their jolly’s.

Considering what Chase did to the family I am amazed he didn’t kill the dogs as them going off with the family made a lot more sense than them being left behind raising a red flag as Summer just wouldn’t of left them like that.

It would have been pretty hard to try and kill a large dog with a hammer. He'd need to change his mode of attack.

 

[Texas Red]

I think it would be better for the state strategically to let the defense call DK in their own CIC. That way when he is crossed by the state they can ask leading open ended questions when they would not be able to do in their own CIC.

If neither calls him then the state in CA can reminded the jury the defense had ever right to call DK in their own case if they believe he truly is the killer.

Imo

That could backfire if the defense calls DK and he takes the 5th, think of the message that would send to the jury.

 

[mrjitty]

Even if the checks Joey gave to CM showed MSM as the payee, CM, could have cashed them by filing and obtaining a DBA under the name MSM and then using that document to open a bank account under that name.

Agreed - that kind of cheque fraud is not particularly advanced

Hell i remember back in the olden days when cheques were common, a client got one word in my business name completely wrong, and i still deposited into my account with no issues

 

[Emi]

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 18m18 minutes ago
#McStay - Judge and attorneys are meeting at 9am pst to discuss scheduling of witnesses. Our camera is waiting outside of the courtroom to be let in. Jury reports at 9:30

0 replies1 retweet0 likes

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 10m10 minutes ago
#McStay - We were just told our camera can't go in court right now, that what they are discussing is 'off-the-record'.

 

[mrjitty]

That could backfire if the defense calls DK and he takes the 5th, think of the message that would send to the jury.

+1

I might be being completely old fashioned here, but back in the day, the lawyers obligations to the Court came first

So as such the prosecution should call the witness if he is important to the case - and this sort of thing is hammered out in advance as to which side prefers to call him.

 

[Texas Red]

Banking became more regulated with much stricter rules after 9/11 and the Patriot Act. However, I believe the loophole I mentioned would still be valid.

 

[katydid23]

Cathy Russon on Twitter
#McStay - On Friday, Jan 11th, the judge and attorneys met privately to discuss the possibility of the jury going on a site view to Fallbrook house and burial site. The details of that meeting have not been released. Nothing has been said in open court

 

[Texas Red]

+1

I might be being completely old fashioned here, but back in the day, the lawyers obligations to the Court came first

So as such the prosecution should call the witness if he is important to the case - and this sort of thing is hammered out in advance as to which side prefers to call him.

Here in America, it's win at all costs, you need to look no further than the OJ Trial as a prime example.

 

[katydid23]

McStay trial just resumed:

Watch Live: McStay Family Murder Trial Day 11

 

[Emi]

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 7m7 minutes ago
#McStay - On Friday, Jan 11th, the judge and attorneys met privately to discuss the possibility of the jury going on a site view to Fallbrook house and burial site. The details of that meeting have not been released. Nothing has been said in open court

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 2m2 minutes ago
#McStay - Judge announces there will be no court on Monday, Feb 4 and possible late start on Feb 5. Now waiting for the jury

 

[katydid23]

They are back to playing the Audi interview of CM, on Feb 17th. He is talking about his visit to the McStay home with Mike.

 

[Texas Red]

McStay trial just resumed:

Watch Live: McStay Family Murder Trial Day 11

As usual it doesn’t work, the site appears to have a serious bandwidth issue.

 

[missy1974]

I'm stuck at work for a little while longer and can't put the feeds on....thanks in advance for updates!

 

[asyousay]

The feed is terrible and cutting in and out

 

[asyousay]

Chase being critical of Summers lack of control on the kids and the fact she didn’t agree with corporal punishment.

 

[katydid23]

Yes, I have to keep rebooting. And it works for a minute then buffers endlessly. I have errands to do so I guess that is a sign that I should just go and do them.

 

[ehenson88]

Did Joey also pay Dan K to do web work?

I know people mock the website, but 50K for a high ranking SEO website is not that expensive. The design is actually typical for an SEO oriented site - thats why so much text and clutter (I agree the UX is awful). I once had a client who had a similar site that made a tonne of money in the mid 00s

Many SEO firms charge retainers of many 1000s per month for this kind of work.

Yes i think people are forgetting the time frame of the website being created... This was the mid 2000s. Facebook wasn't even a thing until like 2006. Not many people were knowledgeable about web development or SEO