CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #6

[asyousay]

yes

Thank You

So back Wednesday/Thursday and then another 4 day weekend

 

[asyousay]

Merritt said: ‘I was the last person Joseph saw. He came to Rancho Cucamonga on February 4 to talk to me about a huge business deal we had going on in Saudi Arabia.

‘We met for an hour-and-a-half for lunch. He was so excited. We had the Saudi Arabian project and a few other things going on. The business had never been so good and we were looking forward to the future. He did nothing to suggest there was anything wrong or untoward.

‘We both left and went home and I spoke to him on the phone about two or three times on his drive back to Fallbrook, all standard business stuff. The last time I spoke to him was around 6 o’clock.

‘It has been reported that I spoke to him in the evening, but that isn’t true. He did call me at 8.28pm, but I was watching a movie with my girlfriend, looked at the phone and decided not to answer.

'When you talk to Joseph it takes about half an hour, so I thought I’d catch up with him in the morning.

‘I didn’t answer that call and I regret it to this day.’ That was the last call made from Joseph’s phone.

'Prime suspect' in McStay murder mystery breaks his silence | Daily Mail Online


[So which is it? He didn't remember the call? Because he sure does describe it pretty well for someone who doesn't remember. ]

It’s interesting he admits to a phone call he knows can not possible of connected as his phone was off.

I still want to know if Joey somehow wasn’t dead at this stage and made that call as by the sounds of it Chase would of been the last phone call on his call log or if it was a butt dial.

 

[katydid23]

It’s interesting he admits to a phone call he knows can’t possible of connected as his phone was off.

I still want to know if Joey somehow wasn’t dead at this stage and made that call as by the sounds of it Chase would of been the last phone call on his call log or if it was a butt dial.

I think Joey was deceased already. I believe that Chase was still out driving, and he may have butt dialed or maybe purposely called, to make it look like Joey was alive and well.

 

[mrjitty]

I agree, interesting information that speaks to CM and his dishonesty. Does he deserve prison time for fraud? Obviously, it appears that he does. There are similar complaints against DK regarding failure to provide waterfalls to customers after payment. That doesn't prove that either of them are capable of the mass slaughter of a loving family of 4. We need evidence that proves him guilty of murder. Thousands of examples of deception and fraud may make him guilty in the "court of public opinion", but it is insufficient evidence to prove premeditated murder.

The QB evidence isn't about fraud directly.

It is about whether

1. Backdating the cheques shows foreknowledge of the significance of the day 4 feb

2. Whether CM created the paul mitchell cheque on night of 4 Feb

Either of those inferences can prove he is guilty of murder

 

[missy1974]

It is a shame that we don't have a thread that is restricted to trial information. There are many of us who want to discuss the facts of the trial, the prosecution case and the defense case in a logical and readable manner. This thread started out that way, but the last 3 or 4 parts of it have muddied the waters for those who are trying to follow the court procedings. jmho

It's hard to keep the facts that are coming out at the trial and things that have been reported/said over the years separate. All of these 'off days' are not helping lol

 

[missy1974]

The QB evidence isn't about fraud directly.

It is about whether

1. Backdating the cheques shows foreknowledge of the significance of the day 4 feb

2. Whether CM created the paul mitchell cheque on night of 4 Feb

Either of those inferences can prove he is guilty of murder

Why do you think they didn't charge him with any crimes related to the theft or forgery? And I'm not being a smart a$$ lol I'm really interested to know why they didn't.

This is the one thing that I don't understand with this case. They are saying those crimes are directly related to the murder, yet no charges? I don't believe the statute of limitations had run out in 2014 when they arrested him, because they didn't actually discover the crime until 2013 when they were fully investigating the murder and were able to get search warrants for the banks, QB's, etc. There may have been a lot of rumours from family, Dan, etc. But LE didn't actually have any proof until they were able to get the proper search warrants. So why no charges? Especially if they think that is directly related to the murder.


California's Discovery Rule

It is important to note that the statutory period for bringing a case does not begin until the offense is discovered, or should have been discovered.
California Criminal Statute of Limitations Laws - FindLaw

 

[A lucas]

BUT... that call never came through on his phone. I *think* it was probably a different night, and Cathy had no reason to remember the day.

I was only trying to show that he has never said he even had a memory of that call, he has said he asked her. It actually makes sense that he had no memory of that call... since in fact, that call didn't happen.

Even in his SD interview that we heard, he called her to see what they did on President's Day. After some confusion, it was determined it wasn't president's day but the 8th, the previous Monday, he called and asked her what they did.

Cathy did have a huge reason to remember that day. Chase called her 9 times in quick succession to try get hold of her that day - something must have been up - after Joey called him.

Then his phone was dark for hours. She herself has stated that he never turned his phone off. She also tries him 6 times that evening with no response.

Finally got hold of him when he called at 9:38 from Mira Loma?

 

[mrjitty]

IMO the key to the whole case is whether the same person created the two Paul Mitchell cheques.

Any defence chaff about Chase being authorised to create fraudulent cheques in Quickbooks is largely irrelevant to that question

So maybe you want to believe that Joey created, printed and deleted Paul Mitchell 1 on the night of the 4th before his entire family was murdered.

But then where is the cheque?

So then we know 100% Chase separately created, printed and deleted the Paul Mitchell 2 cheque for a higher amount the next day using different blanks.

For me the deciding factor is that Chase backdated Paul Mitchell 2

That's how we know he had both of them

 

[mrjitty]

Why do you think they didn't charge him with any crimes related to the theft or forgery? And I'm not being a smart a$$ lol I'm really interested to know why they didn't.

This is the one thing that I don't understand with this case. They are saying those crimes are directly related to the murder, yet no charges? I don't believe the statute of limitations had run out in 2014 when they arrested him, because they didn't actually discover the crime until 2013 when they were fully investigating the murder and were able to get search warrants for the banks, QB's, etc. There may have been a lot of rumours from family, Dan, etc. But LE didn't actually have any proof until they were able to get the proper search warrants. So why no charges? Especially if they think that is directly related to the murder.


California's Discovery Rule

It is important to note that the statutory period for bringing a case does not begin until the offense is discovered, or should have been discovered.
California Criminal Statute of Limitations Laws - FindLaw

Small potatoes. Murder was the game in town.

 

[mrjitty]

Cathy did have a huge reason to remember that day. Chase called her 9 times in quick succession to try get hold of her that day - something must have been up - after Joey called him.

Then his phone was dark for hours. She herself has stated that he never turned his phone off. She also tries him 6 times that evening with no response.

Finally got hold of him when he called at 9:38 from Mira Loma?

Amazing how CM never managed to figure out what he was really doing that night innit

Didn't he even lie about watching a film when they didn't have a TV?

easy mistake to make i guess

 

[missy1974]

Small potatoes. Murder was the game in town.

hmm but people are charged with multiple crimes along with murder all the time, they don't drop those charges because murder is on the table.

 

[missy1974]

Cathy did have a huge reason to remember that day. Chase called her 9 times in quick succession to try get hold of her that day - something must have been up - after Joey called him.

Then his phone was dark for hours. She herself has stated that he never turned his phone off. She also tries him 6 times that evening with no response.

Finally got hold of him when he called at 9:38 from Mira Loma?

I want to see more of the phone records!!!! From what I did see, there were other times that there were multiple calls in a row to each other. I have to really wonder if they had some connection issues with their phones/cell provider. I don't have time to look right now because I have to go to work, but they did seem to have a pattern of talking around noon I think (from what I could see on his records) Interestingly.. during the week, if you looked at mine and my hubby's cell records, you would see patterns as well... lunch time... after work.

 

[mrjitty]

hmm but people are charged with multiple crimes along with murder all the time, they don't drop those charges because murder is on the table.

It complicates an already difficult case.

I can understand they they would drop it.

 

[Mica]

hmm but people are charged with multiple crimes along with murder all the time, they don't drop those charges because murder is on the table.

Right, and since the motive is greed based on fraud and theft, why no charges for those?

 

[Funky funky]

Does anyone recall the statement chase made about having argued with Joey at lunch? I know I 100% read it somewhere but unsure of where.
Also, could it be possible that Chase and Cathy were arguing that day too, hence the calls to her, possibly about money? This is totally an assumption, but might suggest his sudden rage build up?

 

[Longtimenoc]

IMO the key to the whole case is whether the same person created the two Paul Mitchell cheques.

Any defence chaff about Chase being authorised to create fraudulent cheques in Quickbooks is largely irrelevant to that question

So maybe you want to believe that Joey created, printed and deleted Paul Mitchell 1 on the night of the 4th before his entire family was murdered.

But then where is the cheque?

So then we know 100% Chase separately created, printed and deleted the Paul Mitchell 2 cheque for a higher amount the next day using different blanks.

For me the deciding factor is that Chase backdated Paul Mitchell 2

That's how we know he had both of them

Exactly. If Merritt hadnt been so crazy greedy and not printed the chase merritt check at the Mcstay house, the prosecution would have a much more difficult job tying him to the murders. I have yet to hear a reasonable explanation from any defenders on how that check appeared on the home computer at that time. So thats why its so important that the defense must prove that the murders did not occur that night in the home.

 

[Alisajo]

He lied about being home watching a movie with his girlfriend and ignoring joeys last call made to him

His girlfriend/alibi lied about the same thing .... another coincidence??

 

[citygirl]

I meant that I never had more than one user on my account.

I was responding to you saying you hope the attorneys have a good understanding of Quickbooks.

 

[Alisajo]

I'd say he confused the truth which=lie.
He said he wished he would have taken the call but Joey talks for so long, he was watching a movie, etc. He gave details.

His Alibi/girlfriend said he was in the bathroom ..... 2 coincidences or 2 lies ???

 

[fridaybaker]

Merritt said: ‘I was the last person Joseph saw. He came to Rancho Cucamonga on February 4 to talk to me about a huge business deal we had going on in Saudi Arabia.

‘We met for an hour-and-a-half for lunch. He was so excited. We had the Saudi Arabian project and a few other things going on. The business had never been so good and we were looking forward to the future. He did nothing to suggest there was anything wrong or untoward.

‘We both left and went home and I spoke to him on the phone about two or three times on his drive back to Fallbrook, all standard business stuff. The last time I spoke to him was around 6 o’clock.

‘It has been reported that I spoke to him in the evening, but that isn’t true. He did call me at 8.28pm, but I was watching a movie with my girlfriend, looked at the phone and decided not to answer.

'When you talk to Joseph it takes about half an hour, so I thought I’d catch up with him in the morning.

‘I didn’t answer that call and I regret it to this day.’ That was the last call made from Joseph’s phone.

'Prime suspect' in McStay murder mystery breaks his silence | Daily Mail Online

[So which is it? He didn't remember the call? Because he sure does describe it pretty well for someone who doesn't remember. ]

Actually, isn't this a lie as well? Don't the records show that they often had very short calls? I'll have to go back and look.