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

[JMarsh]

There isn't direct evidence, only circumstantial. If Joey issued the check, then changed his mind and decided that Chase should just create one at his place to save a trip or something, he would not have deleted it since it would have to be input into the contact account anyway with an adjustment to check number later (and apparently amount as well). Also, there would be communication afterward telling Chase to go ahead and create the check from his home. Plus, if the check was actually created by Joey, and not used, it would be laying around in his office or in his checkbook.

That Feb 4 check is never printed-and I don't remember if that check is deleted. As we discussed before it is the same check # as the other check not printed on the 1st (although there was one other check written and not printed on the 1st). So it may be that kinks were being worked out with what they were attempting to do.

If we go by the theory that Joey is alive until the morning of the 5th, then he had to have written that check, if it is written from his computer. And perhaps that 8:28 call to Chasewas to follow up on that and other last minute issues.

I am leaning toward this family being taken the morning of the 5th.

 

[katydid23]

Maybe. But what Quickbooks can't tell us is what computer these activities were generated from, or why they were generated. And how do we know that the QB files weren't tampered with when San Diego nosed around?

If Hanke only received a very short time period of those records he may have missed other entries that occurred at an earlier date that add to the story.

No, those QB records can't tell us what computers they were generated from, other than showing if they were from MCStays or not.

But the detectives have other ways of figuring this out. For example, Chase hand delivered 2 of those checks to msmetal company. So we know he ended up with those checks.

And he cashed several of those checks himself, depositing them in his own bank accounts. And spent much of it in various local casinos.

It feels like a lot of stretching, to try and exclude Chase from being the one that created those checks, in my opinion. I don't see how tampering would be the answer, since Chase has already admitted he created the checks anyway.

As to 'why' they were generated---they were cashed and spent. That seems like the answer, imo.

 

[citygirl]

So this jury is going have to accept that Summer gave her boys popcorn for breakfast and Joey gave a shady con artist with a criminal history and a gambling addiction, the passcodes to his financial accounts, and told him to write himself checks and sign Joey's name.

Yep.

 

[missy1974]

Cant they file theft charges later on down the line in the event Merritt beats the murder charges?

I am soooo behind today! Someone may have already answered this, but the statute of limitations would have run out even if they only became aware of it in 2013/14.

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. As well,statutes of limitations change from state to state,and what is true for California may not be true for another state.

The following chart provides the basics of California criminal statute of limitations law, and a more in-depth summary follows.

Code Section Pen. §§799 et seq.

Felonies Murder, other offenses punishable by death or life imprisonment, embezzlement of public funds: none; offenses punishable by 8 or more years in prison: 6 yrs.; offenses punishable by imprisonment: 3 yrs.

Misdemeanors 1 yr.; misdemeanor violation committed on a minor under 14: 3 yrs.; sexual exploitation by physician or therapist: 2 yrs.

Acts During Which Statute Does Not Run Not in state, max. extension 3 yrs.; statutory periods do not begin until offense is or should have been discovered

 

[citygirl]

We don't know. Why not? Also remember, kids that age are up at the crack of dawn. By 7 or 8 in the morning those kids may have been up for hours, had breakfast first thing, this is their mid-morning snack. Don't know.

Exactly. You don't know. You never answered my question. Did you have toddlers?

 

[katydid23]

That Feb 4 check is never printed-and I don't remember if that check is deleted. As we discussed before it is the same check # as the other check not printed on the 1st (although there was one other check written and not printed on the 1st). So it may be that kinks were being worked out with what they were attempting to do.

If we go by the theory that Joey is alive until the morning of the 5th, then he had to have written that check, if it is written from his computer. And perhaps that 8:28 call to Chasewas to follow up on that and other last minute issues.

I am leaning toward this family being taken the morning of the 5th.

Ok, please explain this then. If joey wanted to write a check for Chase, WHY would he do so in the Custom account? HE HAD NEVER DONE SO BEFORE-EVER.

HE had always, since 2008, written checks to Chase from the Contacts account. Why that night, would he use the lower case brand new listing in the Customs Account, which had never been used for writing checks?

why would you think that Joey typed that check out, when the others that were created on that new listing ended up in Chases's possession?

 

[JMarsh]

I've been racking my brain to imagine what would convince Joey and Summer to grab the brood, get into the Trooper in such a hurry (if that's what they did). What possibly could someone tell them that would get them out of the house that way?

And who would they care enough about to have done this for?

Again, not saying this is what occurred, but if it did occur this way, it's hard to think of what false pretense could have gotten them all to go somewhere-whether it was morning or night.

Thoughts?

 

[Longtimenoc]

What kind of emergency though? That might be the case, but I also think that given where they lived, Summer and Joey probably had a number of pairs of shoes that could be put on quickly. It might be that whatever got them out the door, would have involved going someplace where uggs and flip flops werent' really what they wanted on their feet. With the children, yes, I can see not necessarily putting shoes on them, if they figured they would be home soon and would not be exposing them to the outdoors for long.

Lets not forget the evidence in the graves. Summer had no shirt. JM found in shorts. Baby wrapped in towel. No shoes. So, family likely deceased before leaving house.

 

[citygirl]

Why? Because I don't eat honey nut cheerios for breakfast?

Oh no. Has nothing to do with honey nuts, my dear.

 

[JMarsh]

Lets not forget the evidence in the graves. Summer had no shirt. JM found in shorts. Baby wrapped in towel. No shoes. So, family likely deceased before leaving house.

We don't know that the family didn't leave the home with items not found in the graves? That wasn't my question.

 

[citygirl]

I've been racking my brain to imagine what would convince Joey and Summer to grab the brood, get into the Trooper in such a hurry (if that's what they did). What possibly could someone tell them that would get them out of the house that way?

And who would they care enough about to have done this for?

Again, not saying this is what occurred, but if it did occur this way, it's hard to think of what false pretense could have gotten them all to go somewhere-whether it was morning or night.

Thoughts?

My thoughts? It never happened.

 

[Longtimenoc]

OMG. I have this sinking feeling you are working for the DT. Say it isn't so.

Whoa! JM, if not you should be. Very passionate defense!

 

[JMarsh]

There isn't direct evidence, only circumstantial. If Joey issued the check, then changed his mind and decided that Chase should just create one at his place to save a trip or something, he would not have deleted it since it would have to be input into the contact account anyway with an adjustment to check number later (and apparently amount as well). Also, there would be communication afterward telling Chase to go ahead and create the check from his home. Plus, if the check was actually created by Joey, and not used, it would be laying around in his office or in his checkbook.

There is a difference, I am theorizing, in how those two accounts were used to monitor expenses. But I'm fine waiting until this is brought up at trial to discuss it further. Just remember you heard it here first! Ha.

 

[oceanblueeyes]

Why bury the pictures? Unless there was blood/material on them? I believe the children were last to die and that absolutely breaks my heart. CM referred to them as "screaming kids" in one interview. To me, he hated SM and the kids.

At the end,he hated them ALL.

He had no compassion for Joey anymore than he had for the other three.

The way Joey was found, and the injuries he suffered showed CM hated his gut at the time he killed him.

I believe CM is one of the worst murders in recent history.

He would get much more enjoyment by making the parents, he both detested by then, watch as he killed their little boys who he knew they both loved dearly. He knew what emotional trauma they would have being bound, and unable to stop any of it from happening..

Imo, in this case we are seeing the perfect example of what pure demonic evil looks like when unpacked and unleashed.

CM doesn't just kill his victims. He way beyond overkilled every one of them.

We cant ever lose sight of what this man did to all 4 of his victims.

Imo, he made Joey watch it all when he was bound, and helpless. When he had killed all three, and most likely raped Summer in fromt of Joey before killing her, he then killed Joey last. Imo.

He did torture Joey before he was killed. Imo

Jmo though.

 

[Edmo]

At the end,he hated them ALL.

He had no compassion for Joey anymore than he had for the other three.

The way Joey was found, and the injuries he suffered showed CM hated his gut at the time he killed him.

I know you believe the boys were last to be killed, and I respect that.

However, I believe CM is one of the worst murders in recent history.

He would get much more enjoyment by making the parents, he both detested by then, watch as he killed their little boys who he knew they both loved dearly. He knew what emotional trauma they would have being bound, and unable to stop any of it from happening.

I know you think CM is possibly innocent. I also respect that opinion too even though I don't agree.

Imo, in this case we are seeing the perfect example of whatcpure demonic evil looks like.

CM doesn't just kill his victims. He way beyond overkilled every one of them.

We cant ever lose sight of what this man did to all 4 of his victims.

Imo, he made Joey watch it all when he was bound, and helpless. When he had killed all three, and most likely raped Summer in fromt of Joey before killing her, he then killed Joey last. Imo.

He did torture Joey before he was killed. Imo

Jmo though.

I'm 90% he is guilty.

 

[katydid23]

My kids LOVE Popcorn and would ask/eat it anytime of the day or night.

My kids love it too, but I wouldn't be giving it to them for breakfast.

I am 99% certain that Joey was dead or disabled before 7:50 on the 4th. There is no way that Joey created that check to chase on the custom QB account, in my opinion. That has Chase's greedy mitts all over it.

 

[citygirl]

One only need to look at that gruesome picture of Joey's deteriorated body in the grave. Awful. The silent scream.

 

[citygirl]

I'm 90% he is guilty.

Me too. Waiting for all the evidence.

 

[missy1974]

Burglary in Ca means to "enter" home/business with the intent to steal, OR commit ANY other Felony.

I am unsure of what this meant in the charges and I'm not going looking right now... a special-circumstance allegation charging that the teen committed murder during the course of a residential burglary...

But my point is they did not JUST charge him with murder because he murdered someone and the rest was irrelevant, ocean indicated that he was only charged with murder. That isn't true.

 

[katydid23]

Sure. Why not? Maybe the jury is comprised of critical thinkers looking hard at the evidence, who have an understanding of how important expertise is.

Critical thinkers would ask themselves why Joey would do something nonsensical, on the night he and his family went missing. Would Joey suddenly break with his previous accounting routine, and begin writing checks from a totally different account, for no apparent reason, on the night of the 4th? Or is it more likely that chase himself, who ended up cashing those checks, was the one who created them?