I've transcribed a portion of Carmen Garcia's testimony after lunch, to clear up whether she had said she phoned Merritt on Monday or saw him. It's clear now she recalled she saw him and I think that must be correct because she didn't see him on Friday 5th, the day after the murders, and at some point he must have given her the two cheques he printed on the 5th (backdated to the 4th). I haven't listened to that part yet where he gave her the cheques.
1.54 to 13.15 Day 14 Part 3
P: Now you indicated that sometimes the defendant would bring in the cheques is that right?
CG: That’s what I recall yes.
P: Ok and then sometimes you would also receive cheques that were in the mail?
CG: I believe so yes.
P: When a cheque came in whose responsibility was it to record it to a specific job that it was for?
CG: Mine.
P: Now at some point while you were working at Metro Sheet Metal did you become aware of the fact that Joseph McStay and his family were missing?
CG: Yes.
P: Do you recall when that was that you became aware of that?
CG: Um I recall that we tried contacting him on a Friday and couldn’t get in touch. I know Dave had some questions about a project I don’t know if it was money related or design related I don’t remember that and I couldn’t, couldn’t get in touch with him by phone and he didn’t respond by email.
P: Let me actually put a calendar up for you that may help refresh your recollection of when that specific date was. So this would be on the bottom here would be the first week in February with 31st of January into that first week, do you recall which date in looking at this calendar that was?
CG: I remember it was a Friday. So probably February 5.
P: February 5th you believe?
CG: Mhm.
Def: What exhibit’s that?
P: I will check in just one second. So you believe you tried to contact him on the 5th?
CG: Correct.
P: Ok and so this would be People’s exhibit 567.
P: And so was that you that specifically tried to contact Jo?
CG: Yes. By phone and email.
P: Ok. Does that look accurate? “Carmen Garcia attempted to contact Jo” on the 5th?
CG: Jo being Joseph?
P: Yes. I’ll put Jo McStay.
CG: Cos there was also Joe..
P: Yes I forgot. Yes, ok does that look accurate to you?
CG: Yes.
P: Ok. Now you indicated that you had tried to reach him both via telephone and email is that right?
CG: Yes.
P: Did you um you indicated your first phone call that you tried to reach him on was the 5th. Do you recall approximately what time of day it was that you tried to reach him?
CG: I would guess the morning and by afternoon I was sending him an email so maybe couple of times in the morning and that didn’t work and…because he was usually pretty responsive.
P: Ok so typically in the past if you contacted Jo via telephone he would respond to you pretty quickly?
CG: Yeah, more or less.
P: Ok so you reached out to him, when you called him do you recall if you were able to leave a message for him?
CG: I believe I, hmm, I can’t say. I can’t recall I should say. I believe I would have because we had all expectation that he would get back to us.
P: Would it refresh your recollection to look at a portion of the report that you gave to the detective with respect to whether or not you left messages for him on that date?
CG: Phone messages you mean?
P: Yeah, because you indicated that you believe you did but would it refresh your memory to look at the report?
CG: Yes.
P: Showing her the transcript of her interview, page 17.
Def: Which page number?
P: 17.
Def: What page number?
P: (louder) 17.
Def: Page 17?
P: Yes.
CG: Yes, ok.
P: Did that refresh your recollection of your conversation with the detective?
CG: Yes.
P: And do you recall now after reviewing that if you were able to leave messages for Joseph when you first tried calling him?
CG: Yes.
Def: […]
P: It’s the bottom of page 17 the last two lines, and the top of page 18.
P: You also indicated that you had sent an email to him, is that right?
CG: Yes.
P: Did you receive any response from Mr McStay at all?
CG: No.
P: Now given that that message was on Friday do you recall if you saw the defendant that day?
CG: I didn’t. I don’t recall that I don’t believe so because...I don’t believe so.
P: Why do you not believe so?
CG: Because
when he came in on Monday I asked him or I told him that we’d been trying to contact Joseph and we have been unable to, and what was going on.
P: Ok so Monday and looking at the next calendar which would be exhibit 568, Monday being the 8th, you indicated, is that correct?
CG: Mhm.
P: So Monday February 8th you saw the defendant and can you tell us about that conversation with him?
CG: I just asked him you know or just told him that we were trying to contact Joseph and that he hadn’t gotten back to us and what was going on and he asked me well why do you need to get in touch with him and I said Dave has questions about the unit that we’re working on.
P: Ok. Let me go ahead and mark that down on the calendar that you spoke with
CG: Chase
P: Chase on the 8th. So does that appear to be correct to you that on the 8th Carmen Garcia spoke with Chase regarding Joseph McStay?
CG: Mhm.
D: Your honor that’s actually mistaken; testimony is she saw Mr Merritt on that date.
J: Overruled.
P: So you indicated that you talked to him about that and you told him that you were trying to get a hold of him, did he appear concerned at that time?
CG: No. He said he’d been trying to get in touch with him as well at the weekend.
P: Ok. Did it seem to you that he was more worried about something else?
Def: Objection leading.
J: Objection sustained. Calls for speculation and […]
P: Did he ever express concern during that interview, or that time that you spoke with him?
CG: About him being available? (overspeaking) P: About Joseph
P: Yes.
CG: Um no not really.
P: When you told him that you’d been trying to get in touch with him regarding some issues that Dave had what was his response?
CG: I don’t recall.
P: Did you ask him or talk to him about whether or not he had called law enforcement about them missing?
CG: No he said he hadn’t. I think he said he was going to wait a few days.
P: You indicated that you don’t recall exactly what the gist of the conversation with the defendant when you had talked to him what his response was about why you wanted to get hold of Joseph, do you recall that?
CG: Right, he just reacted like ‘why do you need to get in touch with him, why do you need to speak to him?’
P: Did he tell you what further actions he was going to take regarding that if any?
CG: Regarding me trying to contact Joseph?
P: Regarding Joseph being gone.
CG: Well he said he was just going to wait a few days and then he was what’s the word going to contact the family and I think he said he was going to hold off on that and he was going to go to the house and check it out himself.
P: Did he tell you when he was going to go to the house?
CG: No, I think, no I can’t remember specifically.
P: Would it refresh your recollection to look at a transcript of the interview that you gave with the detective?
CG: Please.
P: Page 17. Line 639. So if you can review line 639 (or 6 thru 9) to yourself.
CG: Mhm, later in the week.
P: Ok so he indicated to you he was going to go by the house later in the week?
CG: Right.
P: At that point you had tried calling Jo on that Friday and then you had emailed him. Did you continue trying to get a hold of Joseph after that?
CG: I think we kind of left it up to Chase to try and follow up on that.
Def: Objection speculation.
J: Overruled.
P: You testified that you had asked him about getting a hold of his family do you remember that?
CG: Yes.
P: Now did you have any contact information for Joseph McStay’s family?
CG: No. Later I did but not at that time.
P: In fact at the time that Jo McStay went missing had Metro Sheet Metal been working on any projects for EIP?
CG: We had 2 projects still outstanding I recall.
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My comment on BBM
"P: Ok so he indicated to you he was going to go by the house later in the week?" . To me this seems very predictive rather than expectant that Joey will show up.