CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #8

[mrjitty]

I most certainly am not an expert, or even knowledgeable, about soil conditions anywhere, but I would think that the sandy soil in this particular area, although appearing to be "loose" and porous, it is not so. Dig a bit deeper, and it is quite compact. Therefore, I would think that water would not be absorbed very quickly, unless extremely hot weather came into play. This certainly was not the case here. However, I believe Force Ten said that the amount of rainfall in this particular area at that time was not particularly significant.

We have this kind of bad, sandy soil at our place. About a meter or so down you get an iron sand layer which is very compact and tough to dig.

Drainage is very poor and you get surface water very quickly.

tough conditions for grave diggers - hence shallow graves

 

[Tortoise]

There was some indication in the report that JMarsh posted that he was hospitalized in May 2010, but the Saudi job was after that IIRC.

May 12th was when Susan Blake gave him the money for a passport.

 

[Funky funky]

Is chases new alibi that he died in 2010?

Gave me a chuckle. Lol

 

[JMarsh]

I think that's absolutely fine. The evidence was there. The witness just discovered it. I'm not worried about that.

As to not having expert reports until after trial starts that is problematic but I haven't seen that as grounds for a successful appeal. Appeals are super hard.

CA law states that the state has to submit a list of witnesses before trial but doesn't have to disclose what they're going to say before they testify.

Also, evidence discovered after the 30 day discovery cut off is admissible as long as it is given to the defense as soon as they get it.
FindLaw's California Court of Appeal case and opinions.

It doesn't sound like there were any errors in allowing the witness to supplement his testimony after the break, as long as the defense is given an opportunity to cross examine.

For clarification:

"The witness just discovered it."

In this specific instance of "new" evidence (generated after trial already was in progress), the witnesses didn't "discover" anything that they didn't know before. They simply went back and culled out "new" stats and data from evidence that has been known to everyone on this case for over 4 years now.

For example, the defendant's phone pings have been known since 2014. An investigator simply went through them (inexplicably removing azimuths) and pulled out all the coordinates that could possibly be those of towers adjacent to Casinos. But investigators and the DA had these records for years. Why not perform this analysis earlier-like before they arrested anyone?

"CA law states that the state has to submit a list of witnesses before trial but doesn't have to disclose what they're going to say before they testify."

The witnesses in question are being presented either as expert witnesses or are investigators--and actually the content of what these witnesses will testify to, does, in fact, have to be revealed to the defense prior to testimony being given.

 

[Mica]

It sure was.

Wow! So in addition to the $67k EIP fraud loan also the $20k BofA line of credit?!! Thanks Helen. I wasn’t aware MM was behind the BofA lawsuit, too.

 

[Mica]

May 12th was when Susan Blake gave him the money for a passport.

The probate report for May 18, 2010 states CM missed that hearing. The court “accepts representation that defendant is hospitalized.”

 

[oceanblueeyes]

As to the bolded, we have no idea how much he gambled away that month. We only know how much cash he took out of the Casino ATMs. We have no idea how much cash he took with him there.

We have no idea if he was up to his old tricks, stealing and conning. Didnt the MSM guy say something about not trusting CM because things went missing in their shop? Also , Chase's 'stolen ' tools that Joey replaced for him...maybe he sold or pawned them himself?

As a burglar himself, I'd think he would know how to best protect his important work tools from being stolen, twice, in fact, IIRC.

We have seen that he took out 29K form the casino ATMS in one year. My conservative estimate is that he gambled away twice that amount. Because I am pretty sure he went to the casinos with cash in hand, before hitting the ATM there. JMO

So I think he may have easily gambled away 60K that year alone.

Katy, so CM had his tools stolen twice when he subbed for Joey? He was only a sub not even affiliated with Joey's business as a legal partner.

So I'm confused why Joey would replace the (cough cough) stolen tools even once, much less replace them twice.

Where were the stolen items stolen from both times, and how far apart were the two robberies?

Did CM report the stolen property to the police, each time it occured? Did the place have cameras?

If Joey picked up the tab both times, then its obvious CM didn't even take out insurance that would have covered his own losses, yet he can gamble away thousands every year.

Imo, he was no reputable business owner. His inactions to do anything proper like millions of other self employed business owners do is rather shocking to me.

How much in total did it cost Joey to replace CMs tools that CM said had been stolen twice?

If true, this sounds just like another scam CM pulled on Joey. Joey would have to eat all that money without a dime of reimbursement.

It's just so sad to me how badly he mistreated Joey, and his giving nature to help others.

It really makes no sense to me anyway, why another business owner would replace tools belong to another self employed business owner.

Imo, Joey was way too naive, and soft hearted when it came to CM, and no one knew how easy it was to take advantage of Joey, anymore than CM.

Imo, when he found Joey, he knew he had found an easy mark, he would be able to manipulate for his own personal financial gain. That's the only thing CM really ever cared about,. What was in it for HIM. imo

Jmo

 

[JMarsh]

The probate report for May 18, 2010 states CM missed that hearing. The court “accepts representation that defendant is hospitalized.”

But there is also an incident in 2009.

 

[missy1974]

I watched that on wild about trial. Not sure if they are covering this though

They are not. I messaged them the other day. I'm so annoyed that L&C is pulling out for a week or two, for a case out of Florida that is probably going to be streamed on 5 news stations, because that's what they do! LOL

ETA: I messaged them to see if they would consider going there... of course, have not heard back lol

 

[JMarsh]

They are not. I messaged them the other day. I'm so annoyed that L&C is pulling out for a week or two, for a case out of Florida that is probably going to be streamed on 5 news stations, because that's what they do! LOL

It's crushing. This is the testimony that needs to be seen first hand. Most reporters don't know anything about forensics or ping data.

 

[missy1974]

It's crushing. This is the testimony that needs to be seen first hand. Most reporters don't know anything about forensics or ping data.

If I was closer, I would go LOL

 

[JMarsh]

If I was closer, I would go LOL

I can't get out there now, but if L&C doesn't come back for some reason, I might get out for part of the defense's case.

 

[JMarsh]

What I wish is that there was a trade devoted to covering trials, that hired reporters with legal training and training in forensics.

The news coverage on most of these trials is useless.

 

[missy1974]

What I wish is that there was a trade devoted to covering trials, that hired reporters with legal training and training in forensics.

The news coverage on most of these trials is useless.

It will be interesting to see how this next week or two is handled. Most 'reports' or 'articles' are from people that are doing what we are doing ... watching the stream or the you tube video's every day. I am somewhat surprised that there isn't more interest in this trial, it was a "national" news story back in 2010.

 

[JMarsh]

It will be interesting to see how this next week or two is handled. Most 'reports' or 'articles' are from people that are doing what we are doing ... watching the stream or the you tube video's every day. I am somewhat surprised that there isn't more interest in this trial, it was a "national" news story back in 2010.

Joe Nelson is good. If he covers those days, we'll at least have a sense of what happened.

 

[missy1974]

Joe Nelson is good. If he covers those days, we'll at least have a sense of what happened.

Thanks! I will bookmark that and watch for him to be tweeting tomorrow I think the reporters have dropped the ball on this one because it was being streamed, no need to tweet about it if people can watch it. IMO

Joe Nelson (@SBcountyNow) | Twitter

 

[JMarsh]

Thanks! I will bookmark that and watch for him to be tweeting tomorrow I think the reporters have dropped the ball on this one because it was being streamed, no need to tweet about it if people can watch it. IMO

Joe Nelson (@SBcountyNow) | Twitter

Trials can't really be tweeted. Cathy Russon did a good job, but imagine if we couldn't watch, how little we would know if all we had to go by were Russon's tweets.

 

[Mica]

But there is also an incident in 2009.

Yes, correct, there is.

On 6/18/2009 the probate report reads...

Defendant is not present in court, but represented by Rosann Scoloveno Deputy Public Defender. Counsel represents to the court that the defendant is ill and cannot attend court this date. Medical records are filed and placed in the confidential envelope within the case file.

 

[Mica]

Joe Nelson is good. If he covers those days, we'll at least have a sense of what happened.

Where has Joe Nelson been? He hasn’t covered the trial. Maybe he will return since streaming has stopped.

 

[JMarsh]

Where has Joe Nelson been? He hasn’t covered the trial.

I don't know. The last article he wrote was right before trial began.