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

[Force Ten]

We haven't heard the phone ping evidence yet. so that I don't know about. But there is a picture on line of Joey and Chase geared up to go paintballing, so we know they did this, or at least dressed for it once.

The DNA in the Trooper, because of where it is found, and where it wasn't, to me, does seem more consistent with transfer DNA than it does with direct contact-but we may never know this with absolute certainty-so that will be up to the jury.

I don't find anything odd about Chase getting a ride with Joey to play paintball. People often consolidate vehicles if they are going someplace together, from a place where they have met up first. If Joey was in the habit of driving to Chase's home when they went to play paintball, it makes perfect sense to me that they would then take a vehicle to the game together. And the Trooper seems like a logical vehicle to take.

BBM. You keep stating this but it's not true. You failed to produce any picture of such. I have every picture ever posted online of this family and there is not a single one of Joseph and Chase together in paintball gear.

That's not to say he didn't go with him. @mrjitty put it so eloquently, I was thinking the same thing all morning reading posts - Chase will be perceived as a liar by this jury and they don't have to take anything he says as truth. As a juror, if you believe the defendant is lying, you can throw out and discard their entire testimony or statements made. His interview is considered his testimony of events.

If this DNA is distributed to places by secondary transfer as you suggest, why isn't it on the first places Joseph would have touched - the outside/inside door handles?

 

[Force Ten]

The point is, there is nothing to say that it came from the gear shift or the 4 wheel drive lever. That trace DNA could have come from the a/c control, right? Or the other areas swabbed.

Bottom line, it shouldn't be on any controls.

 

[Edmo]

No matter the outside temperature I bet CM was sweating like crazy but is it true that sweat does not contain DNA?

Re: Sweat

CM was arrested in Nov (winter) and had a 6" sweat ring on his T Shirt when he was getting out of the squad car.

 

[oceanblueeyes]

So witness lays it out clearly

secondary transfer is a possible and reasonable explanation

Chase is a potential driver

Of course. Always go with what is the most logical conclusion.

 

[Mony Mony]

BBM. You keep stating this but it's not true. You failed to produce any picture of such. I have every picture ever posted online of this family and there is not a single one of Joseph and Chase together in paintball gear.

That's not to say he didn't go with him. @mrjitty put it so eloquently, I was thinking the same thing all morning reading posts - Chase will be perceived as a liar by this jury and they don't have to take anything he says as truth. As a juror, if you believe the defendant is lying, you can throw out and discard their entire testimony or statements made. His interview is considered his testimony of events.

If this DNA is distributed to places by secondary transfer as you suggest, why isn't it on the first places Joseph would have touched - the outside/inside door handles?

That kinda looks like a soccer Jersey in that pic.

 

[Tortoise]

BBM. You keep stating this but it's not true. You failed to produce any picture of such. I have every picture ever posted online of this family and there is not a single one of Joseph and Chase together in paintball gear.

That's not to say he didn't go with him. @mrjitty put it so eloquently, I was thinking the same thing all morning reading posts - Chase will be perceived as a liar by this jury and they don't have to take anything he says as truth. As a juror, if you believe the defendant is lying, you can throw out and discard their entire testimony or statements made. His interview is considered his testimony of events.

If this DNA is distributed to places by secondary transfer as you suggest, why isn't it on the first places Joseph would have touched - the outside/inside door handles?

And there was also a contradiction in his interview when he said Joey was too sick to do paintball - I think.

 

[oceanblueeyes]

Re: Sweat

CM was arrested in Nov (winter) and had a 6" sweat ring on his T Shirt when he was getting out of the squad car.

Wow, so he is an excessive sweater.

I bet he was sweating profusely hoping no one saw him in the Trooper on the way to offload it at the border.

Imo

 

[Tortoise]

I don't believe sweat in itself is a source of dna but the process of sweating means it usually contains shedding of skin cells.

 

[mrjitty]

As a juror, if you believe the defendant is lying, you can throw out and discard their entire testimony or statements made. His interview is considered his testimony of events.

Yes.

This is where the pistorius case drove me insane.

The fan girls were insistent that every aspect of his testimony can be speculated into reality until 100% disproven.

But it is simple old school lawyering that if a witness is implausible and lacks credibility, you can throw their testimony in the garbage bin.

The problem with that was, that the only evidence of self defence was his own testimony.

IMO we have a similar situation in this case.

All the exculpatory evidence is basically evidence from one Chase Merritt - not delivered not the rigour of X

So I will be prepared to listen to paintball, should the accused actually testify to it.

But a bare claim to investigators?

nope

 

[UndiscoveredTruth]

Cathy Russon‏ @cathyrusson 2h2 hours ago
#McStay - LIVE NOW: Watch day 21. State's DNA expert will continue cross examination by defense attorney James McGee. #CharlesMerritt https://lawandcrime.com/live-trials/live-trials-current/charles-merritt/watch-live-charles-merritt-trial-for-murder-of-couple-and-children-2/ …

Cathy Russon‏ @cathyrusson 52m52 minutes ago
#McStay - State's DNA expert testified yesterday no DNA found at grave sites, on items, bodies, etc.. In a pretrial hearing the defense said there was DNA found - look for that when their expert testifies.

Cathy Russon‏ @cathyrusson 49m49 minutes ago
#McStay - The defense's DNA expert has been in court the last two days for state's expert testimony.

 

[oceanblueeyes]

I don't believe sweat in itself is a source of dna but the process of sweating means it usually contains shedding of skin cells.

Yes. It would be his sweat that would release his skin cells.

I had no clue he sweated this much even in the winter.

I do know LE looks for sweating when they are interviewing a potential suspect.

 

[katydid23]

Omg ws's was down this morning so I went to work hahaha I will have to catch up with posts when I get home, but for everyone commenting on the DNA..... watch the testimony from yesterday, some of it is very weak IMO as for what I believe...it doesn't really matter in the end, however, even Jones said yesterday that DNA ONLY tells us that it's there, not how it got there. If Chase was the last person that Joey had contact with before driving the trooper for the last time, I think transfer DNA is a possibility. I don't think the kid's DNA was looked for, Jones assumed that Joey' s and summer's was there. Again...you need to hear the testimony. JMO

OK, so Joey touches inside the car and leaves traces of Chase, right on top of the steering wheel, as he drives home from lunch.

So what happens when the last person drives it to the border, which is a long drive? Would that 'touch DNA' still be the 3rd contributor instead of the most recent driver?

Perhaps it means that Chase was the most recent driver?

 

[Force Ten]

That kinda looks like a soccer Jersey in that pic.

There is another one as well of him playing in a similar shirt that is green.

 

[Plo_Koon]

Bottom line, it shouldn't be on any controls.

That is pretty much what I took away from it as well.

 

[missy1974]

So witness lays it out clearly

secondary transfer is a possible and reasonable explanation

Chase is a potential driver

So the STATE witness can say that, but me or anyone else can't?

I have been able to listen a bit, will be able to go back and listen again tonight, but the above is what I heard is well. Pretty sure he made it clear that when interpreting results CAUTION should be used because of secondary transfer as well.. will say JMO because I may have missed some words ;-)

 

[Edmo]

That kinda looks like a soccer Jersey in that pic.

He is also wearing his facemask, pulled up for pic. Some Teams do wear uniforms to play paintball. Interestingly enough, my son plays at Camp Pendleton with his friends and I believe it is the same place JM played it at.

 

[missy1974]

Do you have evidence that they shook hands though?

he who asserts must prove

I do not, do you have evidence he drove the vehicle?

According to this witness, it's possible and it's reasonable. You don't have to rely on my opinion or what I post, you can either believe the State witness, or not.

I have also said that if they met for lunch that day, I don't think it even had to come from shaking hands.. it could have come from the papers they were touching, a pen... Force Ten pointed out a key in Joey's pocket that may have come from Chase... what else did he have with him in that 1-1/2 hour- 2hour meeting that they both touched?

 

[Edmo]

There is another one as well of him playing in a similar shirt that is green.

In the original (green jersey) pic, his facemask is pulled up on his forehead. Team Paintball Jersey, IMO.

 

[missy1974]

79% major contributor
21% minor contributor

That is a pretty high minor contributor percentage, correct?

Which sample was that? and who are those numbers contributed to? Sorry, didn't hear that part

 

[missy1974]

Back to handshake transfer. sigh... I am going to be careful who I shake hands with from here on out.

After some of the studies I read... I don't wanna touch anything LOL