CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #7

[Bernina]

That check written from EIP #1010:
To: Cathy Jarvis for $3000, memo line: Chase SOS made me sad.

That was a surprise for me, and probably intentional by the prosecution. Does "SOS" put more validity in that CM was using JM as his ATM?
I don't know if I feel sad or disgusted......will have to see if the prosecution elaborates on that in the future.

 

[missy1974]

Listened to Smith's testimony from this morning... I was interested to hear what came up with the VM's, but it was much the same as we have heard before... he didn't hear any VM from Merritt.

We know they were deleted, why let the defense bring it up again by asking a dumb question like "did you hear any VM's from Merritt?" it opens the door to the defense asking AGAIN and making the point that SOMEONE deleted them!!!! They keep implying that it was someone from a T-Mobile phone as well (reminder... the defense had the T-Mobile guy authenticate DK's phone records when he was on the stand). There were no VM's from before the 15th of February... if Merritt's last call was the 9th... of course there was none. Geesh!

 

[mom2chloe]

Good point, and I hope they have one. Has anyone ever gone back and looked at all the cheques together, the signatures I mean? Even known cheques from Joey... his signature isn't always the same, but I'm not an expert either, so JMO lol Personally, my own signature isn't always the same, but I do have 1 very distinct thing that I do that people that know me, know what it is, and know that it would be me ;-) I even let my kids' teachers in on it back in the day... so no kid could fake a "mom note" LOL

And IF JM gave CM some checks on February 4 they would undoubtedly have JM’s fingerprints on them right?!

 

[missy1974]

 

[KALI]

Respectfully, I disagree with you.
It is what this judge is allowing, and, how he is running this courtroom.
One might think that this judge is presiding over a bicycle theft instead of the gruesome torture and killings of two little boys and their parents.

This judge should get his medical appointments on his own time off.
If he needs to go to the dentist or any other appointments, maybe he should recuse himself and get a judge who isn't so medically incapacitated that he holds up a life or death trial for toothaches and who knows what.
I have figured out why the news media is not covering this serious crime.
How can they?
They have schedules. Who the heck could figure out the schedule orchestrated by this judge?
What a joke.

It has to be excruciating. The gravity of the crime may be lost in all this? Especially those two sweet children IMO, it all becomes about the defendant . His rights to a fair trial. The victims seem to become secondary. But that's how the system works, it seems. Fair and just. And IMO loooong drawn out in California. It is what it is.

 

[Bernina]

I liked Jones. He had a nice voice to listen to if you had to sit and listen to DNA stuff LOL Some experts are just so very hard to listen to!

I think what the defense was asking was more to do with what they plan to present. We'll see.

BBM Exactly!
Jones is hard core, dude retires and STILL goes back to the Forensics lab 3 times a week to analyze stuff and keeps up with the newest techniques, lol!
As has been posted, Jones made it clear: DNA degrades after time, DNA can't tell you how it got there, DNA is just an indicator to a probable source. <---If the jury picked that up, the defense will have a hard sell with DNA from the graves.

 

[missy1974]

And IF JM gave CM some checks on February 4 they would undoubtedly have JM’s fingerprints on them right?!

??? I wonder if they checked? I have not heard if they did. Those cheques have been handled a lot at this point now too

I was looking for something yesterday, in the testimony with the lady that did the forensics back in 2010... at one point, she had the cheque book out of the envelope and was looking at them... she had gloves on... Daugherty (the prosecutor) was touching them without a glove... she looked like she was ready to scream LOL So thennnnnnnn he puts a glove on to put on the overhead screen... just one glove and then used his ungloved hand. SMH!!!!! Bugs me when I see evidence handled without gloves in a trial.

 

[missy1974]

BBM Exactly!
Jones is hard core, dude retires and STILL goes back to the Forensics lab 3 times a week to analyze stuff and keeps up with the newest techniques, lol!
As has been posted, Jones made it clear: DNA degrades after time, DNA can't tell you how it got there, DNA is just an indicator to a probable source. <---If the jury picked that up, the defense will have a hard sell with DNA from the graves.

Right, he said it just tells us that it's there, not HOW it got there. Unless the defense could match it to someone like DK ... I don't think it makes a difference. The fact that CM's still isn't there, does however. IMO

I think the Prosecution is hoping that the jury didn't hear that bit lol but JMO.

 

[HelenK]

In what way have random killers been ruled out?

By the fact that, after a long investigation over an extended period of time, it was Chase Merritt, and no one else, who was arrested for the murders. If the evidence gathered suggested otherwise, this would not be the case.

 

[mom2chloe]

Respectfully, I disagree with you.
It is what this judge is allowing, and, how he is running this courtroom.
One might think that this judge is presiding over a bicycle theft instead of the gruesome torture and killings of two little boys and their parents.

This judge should get his medical appointments on his own time off.
If he needs to go to the dentist or any other appointments, maybe he should recuse himself and get a judge who isn't so medically incapacitated that he holds up a life or death trial for toothaches and who knows what.
I have figured out why the news media is not covering this serious crime.
How can they?
They have schedules. Who the heck could figure out the schedule orchestrated by this judge?
What a joke.

This is so sad but true. An extreme further injustice to the victims, their loved ones and the rest of us who care because yes we matter too. The indifference to the victims is unbelievable and unbearable. A medical or even a dental emergency is one thing but the lunches, delays and other inconsequential bs excuses are unbelievable. I cannot fathom being a juror and being subjected to this! No wonder people are so opposed to jury duty. Kangaroo court much?!

 

[missy1974]

The testimony about where CM was included as a source of DNA in the Trooper starts at 51:10. There is more testimony before and after, but I told @Edmo I would find this later ;-)

 

[HelenK]

I remember that whole flap well. It caused a damn frenzied uproar. It lead many to believe the family was dumped at the bridge, even though they could have ten miles from there. One guy in particular tried to play detective and snooped around a bit. People outright accused SDSO of not taking the lead seriously and investigating, even though the 'pings' could not be validated. IMO even though Spring tried to help I think he did a great disservice.

Yes, it sure did. There were some who thought that about the family, but mostly the consensus was that at least the phones were dumped there. A group of people tried searching, but to no avail because of the dense overgrown brush everywhere. One has to think, though, that there are other, easier ways to dispose of phones.

As to the pings, Spring could not have obtained this information here without a warrant. But, FWIW - big time - I read on a long ago now defunct blog that Spring had gotten his information from Mexican authorities whom he had paid off. How they would have had this information is beyond me.

That report, to my mind, anyway, will always be a mystery. It still haunts me. So does that bridge.

 

[JMarsh]

By the fact that, after a long investigation over an extended period of time, it was Chase Merritt, and no one else, who was arrested for the murders. If the evidence gathered suggested otherwise, this would not be the case.

Not if they've got the wrong guy, though. If they are wrong about Merritt, then other options exist. In every case where there has been a documented case of wrongful conviction, there has only been one person arrested, but then it turns out they are innocent.

The fact that there is an arrest does not automatically equal guilt. If it did, there would be no need to have a trial.

 

[JMarsh]

OMG Ryan Smith is back. Baldwin. The DA really loves him as a witness.

 

[JMarsh]

Drip by drip.
I don't know if the evidence coming out this way is good or bad.
Are the jurors ruminating about these tid bits they are receiving, or, are they forgetting these details as this trial drags on and on, whilst they live their daily lives?
I cannot imagine what the surviving family members are going through.
Court shut down again because Judge has an appointment.
I know that the McStay family lives hours each way from this courtroom.
I'm positive this is a hardship for them to get to this courtroom.

I agree. I would imagine this is terrible for them.

 

[JMarsh]

Any of Joey's fingerprints on checks? CM is left handed. Was Joey left or right? If Joey was right handed then can't a handwriting specialist distinguish that?

That is an excellent point. I have a feeling a handwriting expert can tell if the writer is left or right handed. Or at the very least be able to tell which is more likely.

 

[JMarsh]

JMarsh stated that DNA was found in the graves, 4 years after Murders. Then LE should have been able to prove by DNA that CM was a passenger in the Trooper. But there was no DNA of CM on passenger side.

That's not exactly how it works. DNA can degrade or be present in such small amounts that it isn't possible to get a profile. And there was DNA on the passenger side of the Trooper, it just wasn't Chase's. Which could indicate that someone was in that seat closer to the time of the murders.

 

[Emi]

Cathy Russon on Twitter
Cathy Russon‏ @cathyrusson 4h4 hours ago
#McStay - There was some cross examination of DNA expert, mostly going over the processes, court then ended for the day. Expert will return tomorrow.

 

[QueenBofOB]

But it was the defense experts that found the DNA in the graves, not the State. So they couldn't find that either.

They ALSO couldn't find anything in the Fallbrook house.

What if he wore gloves and a stocking over his face/head, before entering the house? He DOES have some experience, in that field of expertise.

 

[missy1974]

What if he wore gloves and a stocking over his face/head, before entering the house? He DOES have some experience, in that field of expertise.

I don't think he would have been concerned about his own DNA there, he was there quite often. It was more in reference to LE not being able to find any blood if 4 people were killed in the home.