CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3

[Tortoise]

Morning Break....

Okay, so what I got from that testimony is this...

on 2/2/10 an estimate was sent to Geis construction, requesting that 50% of the balance is to be paid first, which was $6250.

On 2/19/10 Geis Construction paid $6250 to EIP

Somewhere along the way, the balance was paid, $6250. No one can say where it was paid to? But the defense implies it was sent to DK.


In May...
$2000 payment made to CJ, as per CM's request
$1950 payment to Walker Sheetmetal as per CM's request

and later in May or June
$4000 payment to CM

The judge asks the witness about payments, this is what he says:

6250 deposit to EIP
2000 payment to CJ
4000 payment to CM
1950 payment to Walker sheetmetal

The defense then asks again if his understanding was that the full $12500 was paid before the cheques to CJ/CM/Walker. He says yes, doesn't know where that second $6250 went though.

Okie dokie then LOL

Well I'm guessing the two cheques - one for 4000 and the other for 2000 to Cathy Jarvis - are probably the second instalment, and they didn't pay the 250 because they incurred additional expenses to get the fountain and install it, so they were out of pocket by 1700. I think the second tranche would most likely have been payable on completion or delivery.

 

[missy1974]

Well I'm guessing the two cheques - one for 4000 and the other for 2000 to Cathy Jarvis - are probably the second instalment, and they didn't pay the 250 because they incurred additional expenses to get the fountain and install it, so they were out of pocket by 1700. I think the second tranche would most likely have been payable on completion or delivery.

That is what I am thinking as well Tortoise, but that's not the way it came out. The prosecution made it out like it was paid in full, through the witness, the full $12500, and THEN CM requested more funds on top of that.

I really hate having to somewhat defend the creep, but is it unreasonable that he would be requesting the balance before delivering?

This was all going on in May/June 2010. When did he go to Saudi Arabia?

ETA: if it was the balance being requested, it should have gone through EIP I guess, but still.

 

[Texas Red]

I know about his past. What I want to see is what he did before the family was murdered. And I guess the days immediately after, everything we have heard about for years now.

Showing this transaction with Geis Construction, did nothing for me, but it's JMO

Here is my breakdown of it. The McStay's go missing, Dan and Chase and I guess Mike and Susan are trying to run the business and get things done, in hopes that the family is coming back. So DK gets a 6250 payment from Geis. He wire transfers Chase $5000.

Later, CM requests more funds from Geis to get the fountain shipped, $2000 and then again for $4000, and I guess the $1950 for Walkers Sheetmetal. Geis says they had already paid for the fountains in full before the mentioned payments.

Where did that $6250 go? Who got it? or was it actually not paid? I cannot believe that the prosecution didn't show it went to Chase if it did indeed go to Chase.

ETA: Unless I missed something with the first witness????

Has it ever been explained how CM and JM first met? After reading the two reports from 14 years ago, I'm wondering if it was CM that started the "waterfall business".

 

[Tortoise]

That is what I am thinking as well Tortoise, but that's not the way it came out. The prosecution made it out like it was paid in full, through the witness, the full $12500, and THEN CM requested more funds on top of that.

I really hate having to somewhat defend the creep, but is it unreasonable that he would be requesting the balance before delivering?

This was all going on in May/June 2010. When did he go to Saudi Arabia?

ETA: if it was the balance being requested, it should have gone through EIP I guess, but still.

I thought he was claiming that they paid Dan and so he didn't get the money. There would have been a profit built into that quote, due to Joey as EIP, so I doubt if Joey were alive Chase would have received the full 12500 billed, to make the fountains.

 

[asyousay]

Has it ever been explained how CM and JM first met? After reading the two reports from 14 years ago, I'm wondering if it was CM that started the "waterfall business".

They met in 2007

in his interview with CNN's Randi Kaye, Merritt said he and McStay were business associates who became friends. Merritt made custom indoor waterfalls and McStay would buy them, he said. They met in 2007 when McStay needed some help with a water feature

 

[Texas Red]

They met in 2007

Since CM was already making the waterfalls when they met, JM, must have come in to help market them or maybe CM had developed such a bad reputation that he needed a front guy.

 

[missy1974]

I thought he was claiming that they paid Dan and so he didn't get the money. There would have been a profit built into that quote, due to Joey as EIP, so I doubt if Joey were alive Chase would have received the full 12500 billed, to make the fountains.

Right, I think the defense was trying to say that they paid the 2nd payment to DK, but we didn't see proof of that either.

I did get the impression that the defense subpoenaed (I hate that word and need to use autocorrect everytime lol) DK's bank statements. So they may have proof of that, that we will see later.

But right now, there is a missing $6250 payment that the pro's didn't prove that CM got.

 

[missy1974]

Has it ever been explained how CM and JM first met? After reading the two reports from 14 years ago, I'm wondering if it was CM that started the "waterfall business".

I think they both had their respective companies... EIP, Joey's and idesign (?), Chase's. They came together to make bigger and badder fountains. They weren't really business partners, but one did kind of depend on the other IMO

 

[Texas Red]

Right, I think the defense was trying to say that they paid the 2nd payment to DK, but we didn't see proof of that either.

I did get the impression that the defense subpoenaed (I hate that word and need to use autocorrect everytime lol) DK's bank statements. So they may have proof of that, that we will see later.

But right now, there is a missing $6250 payment that the pro's didn't prove that CM got.

Unless, the prosecution starts doing a better job of lawyering, they're going to lose what should be a slam dunk case.

 

[missy1974]

Since CM was already making the waterfalls when they met, JM, must have come in to help market them or maybe CM had developed such a bad reputation that he needed a front guy.

EIP existed long before he met CM. IIRC it was in the early 2000's, he didn't do much for a few years, and I think originally it was mainly ordering from other companies and sending out as his own. He hooked up with CM when he wanted to make custom water features. This is from memory so I am not sure if it's 100%, but that's how I recall it... and I believe McGyver or Mikey testified to some of this. Wasn't Mikey part of EIP very early on when Joey started it?

 

[missy1974]

Unless, the prosecution starts doing a better job of lawyering, they're going to lose what should be a slam dunk case.

I don't know, maybe there is something I was missing with that testimony, but the prosecution could have shown the witness a bank statement or something to help recollect that Geis sent the 2nd $6250 payment, and they didn't. They better hope that the defense doesn't have a $6250 payment going to DK/MM/SB unless they can show that $6250 was then sent to CM.

 

[Bernina]

EIP existed long before he met CM. IIRC it was in the early 2000's, he didn't do much for a few years, and I think originally it was mainly ordering from other companies and sending out as his own. He hooked up with CM when he wanted to make custom water features. This is from memory so I am not sure if it's 100%, but that's how I recall it... and I believe McGyver or Mikey testified to some of this. Wasn't Mikey part of EIP very early on when Joey started it?

I believe it was part of JM's and his ex wife's company, when they divorced, JM altered the name and continued on. Mike was working with him then.

 

[thelmadawg]

it's 3:54 EST - no live feed??

 

[Tortoise]

it's 3:54 EST - no live feed??

Another 35 minutes. They take loooong lunches.

 

[mrjitty]

What a mess

 

[missy1974]

I believe it was part of JM's and his ex wife's company, when they divorced, JM altered the name and continued on. Mike was working with him then.

That sounds right! thanks

 

[missy1974]

What a mess

what part? LOL

 

[citygirl]

I have a question? Law and Crime is confusing to me. How does one find today's testimony after the fact? Not live. That I can do. Website is confusing to me.

 

[Texas Red]

I don't know, maybe there is something I was missing with that testimony, but the prosecution could have shown the witness a bank statement or something to help recollect that Geis sent the 2nd $6250 payment, and they didn't. They better hope that the defense doesn't have a $6250 payment going to DK/MM/SB unless they can show that $6250 was then sent to CM.

IMO, they have a tendency to leave loose ends, why call this witness and then not followup with evidence establishing it was CM who received the money? Doing so, especially, with it being so early in the trial is going to alienate the jury. I hope the evidence they have verifying the lunch meeting is something more convincing than the booking reservation, to support the claim DK made about being in Hawaii.

 

[missy1974]

I have a question? Law and Crime is confusing to me. How does one find today's testimony after the fact? Not live. That I can do. Website is confusing to me.

to watch the trial live, click on the link under 'direct link'
to watch the youtube video's at the end of the day click on the link under 'McStay Trial playlist from above link'

Hope that helps

Link to Law & Crime Live Trials:

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Direct Link:

Watch: McStay Family Murder Trial


Live Tweets:

Cathy Russon (@cathyrusson) | Twitter


Law & Crime youtube channel (will upload the video at the end of the day)

Law & Crime Network

McStay Trial playlist from above link:

McStay Family Murder Trial - YouTube