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

[Mony Mony]

I have listened to the police interview, and I cannot find anything where CM says Joey told him to go into QB and write himself some back dated checks.

From Day 10, Part 4 almost right at the beginning of the video:

(Discussing the purpose of the meeting)
...that is what I met Joseph there for, is to get those checks, to get checks for me, figure out umm, how, what we are going to do, figure out when the money is going to be coming in from Paul Mitchell, when the money…..you know, when like checks are going to clear, when his money is going to available for me to get mine, and stuff like that, and to figure where the electrical boxes are going to go.

 

[katydid23]

That cheque was from February 2nd. Deposited on Feb. 3rd, was used to open a new account.

Wasnt that the exact same time that Joey was supposedly on the phone all afternoon, a few days, 'helping' Chase create his own checks? Why would Joey bother creating that one for Chase if he was busy teaching him to do his own?

 

[Longtimenoc]

From what I saw of Hanke today... his demeanor and his professionalism is how I expect a law enforcement officer to be on the stand I liked him... and I think he is likeable, the pro's needed a likeable officer up there lol I liked Schroeder as well, although he seemed bored as heck sitting there LOL

I love these prosecution witnesses. They want to see justice in this unforgettable case probably more than we do and you can see how much they try to remain professional under cross.

 

[Tortoise]

I've got some of Joe Sequeida's testimony transcribed -

P: And during that time did you have to start filling in for the defendant, to get work done?

DJS: Yes.

P: Please describe that for us. Sorry what time period would that have been where you had to start filling in for the defendant and getting work done?

DJS: Well it was more towards the end of the business relationship. He had mentioned to me several times...

Def: Objection – non-responsive

Judge: Overruled

DJS: ...several times of frequenting the gambling facilities, he also referenced a cowboy hat that he used to wear and how they there was some name he went by that

Def: Objection – Non-responsive

Judge: Overruled

P: And because of this you personally had to step up and do a lot of the work?

DJS: In order for us yes for these units to get shipped and for us to get paid I started doing a lot of the plumbing, if it was a basic electrical I would do otherwise my uncle was more electrical savvy.

P: Because of that lack of progress in getting those jobs done and you having to fill in, what was your understanding of this I guess three-person or three-entity partnership I use partnership as a loose term, like you did, and how it was functioning?

DJS: Can you repeat that again?

P: Were you able to maintain this three-person partnership with that happening?

DJS: It became two-person.

P: Did you believe that three-person partnership was going to be able to continue with that happening?

Def: Objection – speculation

Judge: Overruled

DJS: No.

P: In your interaction with the defendant, your father and Mr McStay was it your anticipation that that three-person partnership would continue?

DJS: We had a conversation with Mr McStay that we couldn’t continue this way…

Def: Objection – hearsay

Judge: Overruled

DJS: …and that in order for us to continue doing what we were doing we really had no need to continue with Mr Merritt but being that he was partnered with Mr McStay that was his call as to what percentage he was getting what his involvement was because we were basically shouldering the whole burden of fabricating these.

P: So out of respect to Mr McStay you expressed those concerns about productivity to him...

DJS: Yes.

P: …to let him deal with that issue.

DJS: Yes sir

 

[katydid23]

No it was a cheque for $100.

View attachment 169367

I know. sorry...I am sitting at starbucks, drank too much coffee, mixing things up in my brain ....

 

[Force Ten]

I have listened to the police interview, and I cannot find anything where CM says Joey told him to go into QB and write himself some back dated checks.

From Day 10, Part 4 almost right at the beginning of the video:

(Discussing the purpose of the meeting)
...that is what I met Joseph there for, is to get those checks, to get checks for me, figure out umm, how, what we are going to do, figure out when the money is going to be coming in from Paul Mitchell, when the money…..you know, when like checks are going to clear, when his money is going to available for me to get mine, and stuff like that, and to figure where the electrical boxes are going to go.

That's exactly it. Imo he told detectives Joseph gave him checks on the 4th to cover his for creating and backdating the ones he did.

 

[katydid23]

I have listened to the police interview, and I cannot find anything where CM says Joey told him to go into QB and write himself some back dated checks.

From Day 10, Part 4 almost right at the beginning of the video:

(Discussing the purpose of the meeting)
...that is what I met Joseph there for, is to get those checks, to get checks for me, figure out umm, how, what we are going to do, figure out when the money is going to be coming in from Paul Mitchell, when the money…..you know, when like checks are going to clear, when his money is going to available for me to get mine, and stuff like that, and to figure where the electrical boxes are going to go.

OH, you mean Chase forgot to mention to LE that Joey told him to go into Joey's QB account and write himself a hefty check for the Paul Mitchell job, and then delete it, and write a bigger one for 500 more the next day?

 

[Bernina]

Tortoise and Mony Mony, AWESOME finds, Thank you!
I was trying to find those particulars!

 

[Longtimenoc]

BBM above
Good morning ocean!

To clarify... he looked it up shortly after the bodies were found. The false identity thing, it sounded like it was something connected to an article about the McStay's. AND... it should be said again, this was NOT in testimony, not yet. It was information that we heard before testimony during a motion hearing.

The live stream was awful the last few days, I sure hope they get it together for next week, they have a 4 day weekend again, someone somewhere should be able to figure it out... or I'm going to send @mrjitty in to fix it LOL L&C put their livestream with the commentators on yesterday because it was a better feed, but they did have just the live testimony feed still at the bottom of the page (had to scroll down to find it)

You know what ? Its just not worth the aggravation. Hey we've waited this long, why not just wait and watch the cleaned up (very) versions on YouTube every night.

 

[geevee]

The evidence that Joey gave Chase permission to access the QB account is that Chase only accessed CUSTOM. If Chase really wanted to drain Joey's account, and he was stealing passwords, etc, why not go for the full enchilada and delve into the CONTACTS account?

Chase only ever accessed the CUSTOM account, which was generated because of him, and solely for work Joey was doing with Chase. He wrote checks that would be discovered immediately once cashed, so there was no way to hide this activity. Following every incident of check writing on the CUSTOM account, Chase called Joey-even after Joey went missing. And there is no indication that Joey ever altered passwords or alerted any authority to fraud.

There is no indication that Joey was going to fire Chase and every indication that he planned on working with Chase long term.

There is an indication that a change in how they were handling basic accounting and check writing was in the works. That's it. No evidence of anything nefarious, at all.

I've seen this mentioned recently but must have missed it during testimony, do we know for a fact that the Custom account was made "solely for work Joey was doing with Chase"?

 

[Mony Mony]

Ok, another thing from the police interview, Day 11, Part 1 at about the 50 minute mark (too hard to transcribe). Here is the gist:

(Again, CM is discussing the purpose of the meeting at Chik Fil A)

CM gives the investigators print-outs of some emails that Joey had sent to CM. They are discussing three emails sent on Feb 1, Feb2, and Feb 3rd.

CM says they met at Chik-Fil-A to "go over the numbers". CM is talking about what his share of the Paul Mitchell job and the Saudi Arabia job will be.

The investigator points out that the email sent on Feb 1 says that CM was OVERPAID $173,225.

CM then goes on to explain that the $173000 was what he has been paid over the whole year.
Then he starts explaining that they go over the finances about every two weeks and discuss who owes who what amount. He says it can go from anywhere Joey owing CM 15,000 to CM owing Joey 15,000.
He calls it a running tab.

He never says Joey gave him permission to go into QB and write/back date checks himself. He did a lot of 'splaining of how the money part works, but fails to mention his role in QB.

 

[JMarsh]

I've seen this mentioned recently but must have missed it during testimony, do we know for a fact that the Custom account was made "solely for work Joey was doing with Chase"?

This was testified to at prelim. And mentioned in a vague way by Hanke at trial.

 

[Bernina]

I've seen this mentioned recently but must have missed it during testimony, do we know for a fact that the Custom account was made "solely for work Joey was doing with Chase"?

NO.

 

[Tortoise]

CM says they met at Chik-Fil-A to "go over the numbers". CM is talking about what his share of the Paul Mitchell job and the Saudi Arabia job will be.

rsbm

This could be where things were starting to go pear shaped.

The testimony from Joe Sequeida and Carmen Garcia seems to be in agreement that David Sequeida was looking for a bigger percentage since they were doing the fabricating that Chase was supposed to be doing.

How would Joey continue to pay Chase for work he wasn't doing, and MSM a bigger cut? Why would he continue into the future like that with more orders coming in?

 

[JMarsh]

I am uncertain which family member people are alluding to in regards to another gambling disorder, but if Joey was familiar with a loved one previously suffering a gambling addiction, all the more reason he would not want Chase dealing with any financial aspects of the business. You might have an accountant, a CPA or a Tax attorney with access to your financials but certainly not CM. These inferences only prove that Joey would never have given CM access to QB. IMO

That may be very true, but what do Joey's actions indicate he felt?

-Up until the point Joey vanishes, he's on the phone 10 to 30 times a day with Chase.
-There has been no evidence that Joey spoke to anyone about fraud to his accounts
-Joey took no actions typical of someone who believed their accounts were being accessed-i.e. he did't change passwords, or suspend any of his personal accounts
-There has been no evidence presented that he even interviewed anyone to handle the welding work Chase did for him

And there has actually been no evidence presented that Chase had a gambling problem. Or that Joey lent him money to cover such a problem.

Again, gambling in this country is a 250 billion dollar industry. There are plenty of people who gamble who are not extreme in this behaviour.

 

[geevee]

This was testified to at prelim. And mentioned in a vague way by Hanke at trial.

I'll have to look back through the prelim transcription, but how would Hanke know?

NO.

I didn't recalling this bit of factoid, thanks Bern.

 

[Mony Mony]

Random things CM said during the police interview (notice that permission to go into QB is NOT listed):
CM wife did not want a red headed child.
CM does not drink, except for the occasional very cold beer.
CM does not do drugs because he had a bad experience at a young age.
CM built the shed the dogs were found in.
Joseph shops at Trader Joes and is therefore very healthy
Paintballing is more strenuous than soccer.
CM went to Mexico for Viagra
Joseph gave CM his credit card so CM could buy a new QB account to hid the financials from SUMMER.

CM sure likes to talk a lot. Curious no mention of his access to QB checks.

 

[JMarsh]

12:50 of the video:

The agreement as Sequida understood it was: Metro was going to do all the sheetmetal work, Joseph was selling and handling whatever invoicing, and Mr. Merritt was going to do the plumbing, the pumps that operated the water features, the electrical, etching, rocks, tile, etc. and he was going to videotape them, crate them and ship them.

MSM was doing all the welding, not Chase. IIRC just from the cheques we saw during Carmen's testimony, this was since at least November 2009.

But there was also testimony that there was a riff between Joey and Sequieda's father. The father calling Joey a crook because Joey wouldn't divulge the price at which he was selling the fountains. We don't know fully where things stood between Joey and Metro at the time of his death.

 

[JMarsh]

I'll have to look back through the prelim transcription, but how would Hanke know?



I didn't recalling this bit of factoid, thanks Bern.

I'll see if I can find the quote.

 

[JMarsh]

Random things CM said during the police interview (notice that permission to go into QB is NOT listed):
CM wife did not want a red headed child.
CM does not drink, except for the occasional very cold beer.
CM does not do drugs because he had a bad experience at a young age.
CM built the shed the dogs were found in.
Joseph shops at Trader Joes and is therefore very healthy
Paintballing is more strenuous than soccer.
CM went to Mexico for Viagra
Joseph gave CM his credit card so CM could buy a new QB account to hid the financials from SUMMER.

CM sure likes to talk a lot. Curious no mention of his access to QB checks.

CM didn't say that Joey gave him his credit card, only the number to make certain purchases.