CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #5

[missy1974]

Yeah. What is the strike through about?

it's an option under the insert button up above the text box lol she must have hit it by accident ;-) made me laugh!

 

[JMarsh]

I'm open to all possibilities in this case. LOL

No record of which call? the calls the day before? There was record of it, but not that Baker could see for whatever reason. The defense even named the rep and asked a question if he knew why the State wasn't calling him instead. Which of course got objected/sustained LOL

No recording of the call between Baker and Merritt-but there should have been. This was automatic.

 

[cobalt sky]

I'm a bit confused, I thought that Chase already admitted to writing the checks and to calling QB to cancel the account, his explanation is that Joey asked him to do these things? Actually I think he said that Joey wanted to cancel and delete the old QB accounts and create new ones? If I have that wrong please correct me.

Also FWIW, Dan stated in the impromptu CBS 8 interview on 12/9/14 that Joey gave his "vendors" (and he specified Chase) his credit card numbers so that they could charge supplies etc. Not that I believe a word Danimal says but this whole case is he said vs he said vs he said so I'm just throwing this in there with the rest of it lol.

 

[missy1974]

Are we talking about bodies being found off several exits in Victorville? If so, the FA said she was familiar with the area AND had recovered numerous bodies in Victorville? Otherwise, I'm stumped?

Sorry, was trying to catch up and you all were still commenting! LOL

 

[JMarsh]

I'm a bit confused, I thought that Chase already admitted to writing the checks and to calling QB to cancel the account, his explanation is that Joey asked him to do these things? Actually I think he said that Joey wanted to cancel and delete the old QB accounts and create new ones? If I have that wrong please correct me.

Also FWIW, Dan stated in the impromptu CBS 8 interview on 12/9/14 that Joey gave his "vendors" (and he specified Chase) his credit card numbers so that they could charge supplies etc. Not that I believe a word Danimal says but this whole case is he said vs he said vs he said so I'm just throwing this in there with the rest of it lol.

I think everyone, defense and prosecution, agree these things happened. It's really why they happened that is in dispute.

 

[Mica]

I do have a question for the group: is anyone here actually familiar with the Quickbooks program? Have you ever used it? I g


It's only damning if Joey didn't know about it or approve. If Joey was fine with this. If he asked Chase to take this on, then there is no fraud at all.

Well DK said in a cbs8 interview that Joey gave his vendors credit cards that were linked to e-checks and the PayPal account that they had access to. If vendors including CM had access to the PayPal account, did Joey give CM access to the custom side of the QB at some point prior to the disappearance? Did DK make this statement as a cover because he and MM transferred money out of the PayPal account? The question is if DK is to be believed, then why not the same for CM? Without Joey here to confirm or deny how does one come to a conclusion?

 

[katydid23]

Cause and effect. Chicken before egg or egg before chicken.

Did Chase kill the family in order to write those checks?

Or is it because Joey suddenly vanished, that he felt he had to write checks until he could figure out his next means of gainful employment? He, like Dan, may have appropriated a little bit more than they were entitled to, but that could have been out of need. Both Dan and Chase were financially reliant on Joey's business to meet their bills. The man suddenly disappears, that could have caused a panic.

We also don't know that Joey didn't give him permission to write those checks. Or perhaps even asked him to.

Wasnt one check, that was then deleted, created on the 4th? How would he know the family had 'vanished' on the 4th? How would he even know that on the 5th?

And what about the check that chase created on the 2nd of Feb, for 2495.00---that he cashed? Joey had not 'vanished' yet.

And why did Chase delete that check from the records seen by Joey, if he had permission?


preliminary transcript:

Q On February 2nd — and just so we’re clear, this was the first check ever written on the Custom side of the QuickBooks account?
A That’s correct.
Q Okay. On February 2nd, did anything happen?
A Yes, sir.
Q What happened?
A At 11:27, user added check to Charles Merritt in the amount of zero dollars. The memo line stated, “deposit, sa, 1001.” And then charles merritt is all lower case letters, “deposit.” “Sa” is all also lower case.
Q A check for zero dollars?
A That’s correct.
Q Okay, what happened to that check?
A At 11:28 A.M., the user printed the check written at
11:27 A.M.
Q And did anything happen later, minutes later, in fact?
A Yes, sir.
Q What happened?

A At 11:29, user added check to charles merritt, all lower case letters, in the amount of 2495. Memo line states: “deposit sa, 1001,” all lower case letters. And the date on that check was 2-2 of ’10.
THE COURT: 24.95?
THE WITNESS: I’m sorry, $2495 and zero cents.
Q (By Mr. Daugherty) Did either of these transactions, or that particular log-in —
What occurred after that log-in, did either of those happen on either of the McStays’ computers?
A No, it did not.
Q Did it happen on the laptop of the McStays?
A It did not.
Q Did it happen on the desktop of the McStays?
A No, it did not.

Q What happened after that check to Charles Merritt for $2495 was created?
A At 11:34 A.M., user printed check written at 11:29.
Q Then what happened?
A At 11:34, user deleted check written at 11:29 A.M.
Q Do you know what happened to that check for $2495?
A Yes, sir.
Q What happened?
A That check was cashed on February 2nd, 2010, at Union Bank by CharlesMerritt.
Q Are you aware of any other checks, or did your investigation reveal any other checks that were created on February 2nd?
A I do not believe so.


r. Daugherty) Okay. Were there any checks created on February 4th?
A There were. There was a check that was created on February 4th.
Q One check?
A Yes.
Q What time was that at?
A At 7:59 P.M.
Q Was that transaction conducted from either of the McStays’ computers?
A Yes, sir.
Q Do you know if it was the desktop or the laptop? A A It was the desktop.
Q Can you tell us about that transaction at 7:59 P.M. on February 4th? A Yes, sir. User added check to charles merritt, all lower case letters, for $4,000. Memo line states, “paul mitchell,” all lower case letters, and the date on the check was 2-4 of
2010.
Q What occurred with regard to that check?

A At 8:05 P.M., user deleted check written at 7:59.
Q Was that check ever printed?
A It was not printed.

Preliminary transcript, pgs 99-109
if not merritt, then who?

 

[JMarsh]

Wasnt one check, that was then deleted, created on the 4th? How would he know the family had 'vanished' on the 4th? How would he even know that on the 5th?

And what about the check that chase created on the 2nd of Feb, for 2495.00---that he cashed? Joey had not 'vanished' yet.

And why did Chase delete that check from the records seen by Joey, if he had permission?


preliminary transcript:

Q On February 2nd — and just so we’re clear, this was the first check ever written on the Custom side of the QuickBooks account?
A That’s correct.
Q Okay. On February 2nd, did anything happen?
A Yes, sir.
Q What happened?
A At 11:27, user added check to Charles Merritt in the amount of zero dollars. The memo line stated, “deposit, sa, 1001.” And then charles merritt is all lower case letters, “deposit.” “Sa” is all also lower case.
Q A check for zero dollars?
A That’s correct.
Q Okay, what happened to that check?
A At 11:28 A.M., the user printed the check written at
11:27 A.M.
Q And did anything happen later, minutes later, in fact?
A Yes, sir.
Q What happened?

A At 11:29, user added check to charles merritt, all lower case letters, in the amount of 2495. Memo line states: “deposit sa, 1001,” all lower case letters. And the date on that check was 2-2 of ’10.
THE COURT: 24.95?
THE WITNESS: I’m sorry, $2495 and zero cents.
Q (By Mr. Daugherty) Did either of these transactions, or that particular log-in —
What occurred after that log-in, did either of those happen on either of the McStays’ computers?
A No, it did not.
Q Did it happen on the laptop of the McStays?
A It did not.
Q Did it happen on the desktop of the McStays?
A No, it did not.

Q What happened after that check to Charles Merritt for $2495 was created?
A At 11:34 A.M., user printed check written at 11:29.
Q Then what happened?
A At 11:34, user deleted check written at 11:29 A.M.
Q Do you know what happened to that check for $2495?
A Yes, sir.
Q What happened?
A That check was cashed on February 2nd, 2010, at Union Bank by CharlesMerritt.
Q Are you aware of any other checks, or did your investigation reveal any other checks that were created on February 2nd?
A I do not believe so.


r. Daugherty) Okay. Were there any checks created on February 4th?
A There were. There was a check that was created on February 4th.
Q One check?
A Yes.
Q What time was that at?
A At 7:59 P.M.
Q Was that transaction conducted from either of the McStays’ computers?
A Yes, sir.
Q Do you know if it was the desktop or the laptop? A A It was the desktop.
Q Can you tell us about that transaction at 7:59 P.M. on February 4th? A Yes, sir. User added check to charles merritt, all lower case letters, for $4,000. Memo line states, “paul mitchell,” all lower case letters, and the date on the check was 2-4 of
2010.
Q What occurred with regard to that check?

A At 8:05 P.M., user deleted check written at 7:59.
Q Was that check ever printed?
A It was not printed.

Preliminary transcript, pgs 99-109
if not merritt, then who?

You've worked with Quickbooks, so you know there are a few explanations for what appears to be "backdating" of a check, that isn't actually that.

 

[cobalt sky]

Well DK said in a cbs8 interview that Joey gave his vendors credit cards that were linked to e-checks and the PayPal account that they had access to. If vendors including CM had access to the PayPal account, did Joey give CM access to the custom side of the QB at some point prior to the disappearance? Did DK make this statement as a cover because he and MM transferred money out of the PayPal account? The question is if DK is to be believed, then why not the same for CM? Without Joey here to confirm or deny how does one come to a conclusion?

Yes, this is what I remember as well! And you're right, the question is, is it true, or did he have other motives for saying all this?

 

[JMarsh]

Well DK said in a cbs8 interview that Joey gave his vendors credit cards that were linked to e-checks and the PayPal account that they had access to. If vendors including CM had access to the PayPal account, did Joey give CM access to the custom side of the QB at some point prior to the disappearance? Did DK make this statement as a cover because he and MM transferred money out of the PayPal account? The question is if DK is to be believed, then why not the same for CM? Without Joey here to confirm or deny how does one come to a conclusion?

Good point.

 

[missy1974]

I'm a bit confused, I thought that Chase already admitted to writing the checks and to calling QB to cancel the account, his explanation is that Joey asked him to do these things? Actually I think he said that Joey wanted to cancel and delete the old QB accounts and create new ones? If I have that wrong please correct me.

Also FWIW, Dan stated in the impromptu CBS 8 interview on 12/9/14 that Joey gave his "vendors" (and he specified Chase) his credit card numbers so that they could charge supplies etc. Not that I believe a word Danimal says but this whole case is he said vs he said vs he said so I'm just throwing this in there with the rest of it lol.

Dan said that???!!!! If Dan said and knew about that... maybe there is some truth to it?

Ok, here is my stab at the QB's stuff.

I *think* what the defense has said or is implying with the QB's stuff...

That someone was accessing Joey's QB accounts online, more than likely Dan. They asked Sequieda and also Carmen about when Dan contacted them? was it before Joey disappeared? They have implied that Dan was looking, and saw payments to MSM and called them asking how they knew Joey and why he was paying them. They have also said in OS's and maybe from Chase's interview ??... that Joey asked Chase to help him out by changing the quickbooks account from an online to a desktop version. That Chase called on the 8th to transfer that info, and that on the 9th it was more to get rid of whatever was left online because Joey didn't want it on there anymore, didn't want the someone (Dan?) to be able to access and see it again.

I am not sure I believe this version, I'm just relaying where I think they are headed with the QB's stuff based off their OS and the questions they have asked witnesses so far, but if they can show that he had any sort of access before February... I might be more open to the suggestion. Unfortunately, I think Joey was a bit naive when it came to Chase, but that's JMO.

 

[katydid23]

I think everyone, defense and prosecution, agree these things happened. It's really why they happened that is in dispute.

Chase created some checks, made out to himself, and cashed them. The defense is trying to say that Joey gave him permission.

If Chase had permission to do so, why did he delete them from Joey's records?



Q What happened after that check to Charles Merritt for $2495 was created?
A At 11:34 A.M., user printed check written at 11:29.
Q Then what happened?
A At 11:34, user deleted check written at 11:29 A.M.
Q Do you know what happened to that check for $2495?
A Yes, sir.
Q What happened?
A That check was cashed on February 2nd, 2010, at Union Bank by CharlesMerritt.
Q Are you aware of any other checks, or did your investigation reveal any other checks that were created on February 2nd?
A I do not believe so.

 

[JMarsh]

Yes, this is what I remember as well! And you're right, the question is, is it true, or did he have other motives for saying all this?

And there is one aspect of Chase's Qbooks usage that leads me to believe he did have permission to access the Custom account. He had the email and password for this, but never once attempts to access the more personal, Contacts, account. If Chase really wanted to rob the bank, he would have entered the other account. That account listed all of Joey's assets.

 

[missy1974]

You've worked with Quickbooks, so you know there are a few explanations for what appears to be "backdating" of a check, that isn't actually that.

oh please explain!!!!! I used QB's before, but for very basic stuff and that was years ago.

 

[JMarsh]

Chase created some checks, made out to himself, and cashed them. The defense is trying to say that Joey gave him permission.

If Chase had permission to do so, why did he delete them from Joey's records?



Q What happened after that check to Charles Merritt for $2495 was created?
A At 11:34 A.M., user printed check written at 11:29.
Q Then what happened?
A At 11:34, user deleted check written at 11:29 A.M.
Q Do you know what happened to that check for $2495?
A Yes, sir.
Q What happened?
A That check was cashed on February 2nd, 2010, at Union Bank by CharlesMerritt.
Q Are you aware of any other checks, or did your investigation reveal any other checks that were created on February 2nd?
A I do not believe so.

I don't know.

 

[katydid23]

Dan said that???!!!! If Dan said and knew about that... maybe there is some truth to it?

Ok, here is my stab at the QB's stuff.

I *think* what the defense has said or is implying with the QB's stuff...

That someone was accessing Joey's QB accounts online, more than likely Dan. They asked Sequieda and also Carmen about when Dan contacted them? was it before Joey disappeared? They have implied that Dan was looking, and saw payments to MSM and called them asking how they knew Joey and why he was paying them. They have also said in OS's and maybe from Chase's interview ??... that Joey asked Chase to help him out by changing the quickbooks account from an online to a desktop version. That Chase called on the 8th to transfer that info, and that on the 9th it was more to get rid of whatever was left online because Joey didn't want it on there anymore, didn't want the someone (Dan?) to be able to access and see it again.

I am not sure I believe this version, I'm just relaying where I think they are headed with the QB's stuff based off their OS and the questions they have asked witnesses so far, but if they can show that he had any sort of access before February... I might be more open to the suggestion. Unfortunately, I think Joey was a bit naive when it came to Chase, but that's JMO.

If Dan was the one messing with the QB, how did Chase end hop with those checks?

Chase took 2 of those checks to msm to pay them. Did Dan give him those checks?

How about the checks that were made out to CM and deposited in his personal account? Did DK do that?

 

[JMarsh]

oh please explain!!!!! I used QB's before, but for very basic stuff and that was years ago.

I feel like I'd have to lecture, and I don't want to do that. My suggestion would be to explore info about Qbooks on your own. There are manuals available on-line.

What I will say is that I've worked for a lot of very small companies where I handled accounts receivables and payables, and in a cozy work environment like that, things can be less formal.

 

[missy1974]

Yes, this is what I remember as well! And you're right, the question is, is it true, or did he have other motives for saying all this?

oh my, he does say that! Thanks cobalt sky and @Mica ! it's at about 2:30 or so of this video... which I hate to admit I have never listened to before now! I had read the article, but not listened to the audio. He's a little punk lol

Dan Kavanaugh interview - Nov. 26, 2013

 

[JMarsh]

oh please explain!!!!! I used QB's before, but for very basic stuff and that was years ago.

I'll message you.

 

[cobalt sky]

Chase created some checks, made out to himself, and cashed them. The defense is trying to say that Joey gave him permission.

If Chase had permission to do so, why did he delete them from Joey's records?



Q What happened after that check to Charles Merritt for $2495 was created?
A At 11:34 A.M., user printed check written at 11:29.
Q Then what happened?
A At 11:34, user deleted check written at 11:29 A.M.
Q Do you know what happened to that check for $2495?
A Yes, sir.
Q What happened?
A That check was cashed on February 2nd, 2010, at Union Bank by CharlesMerritt.
Q Are you aware of any other checks, or did your investigation reveal any other checks that were created on February 2nd?
A I do not believe so.

RBBM. Was he deleting the transactions to hide them from Joey, or was he hiding them from Dan at Joey's request? I know it's reaching but the defense might claim this so it's something to think about.