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

[missy1974]

Defense in McStay family murder trial says DNA swab taken from defendant’s brother – San Bernardino Sun

I tried posting the link with my earlier comment but it didn't work. I'm new here and not quite accustomed to everything yet. I hope this works, as it is where I saw the info.

That is an article and it doesn't mention the 30K owed to Joey for a gambling debt.

IMO this is a rumour, it was started by DK and it has never been proven and I don't even think that the prosecution has said it.

Welcome to Websleuths by the way

 

[missy1974]

Didn't Chase's health problems come up in pretrial hearings? Wouldn't they need "verification" of it?

 

[Recidivist]

So Joey should have provided Chase with that, right? So this should have been easy to figure out. We shouldn't need bank statements to figure it out.

If Joey wanted to report the money he paid to Chase, as a business expense, he would have had to file a 1099. Even if he didn't use that as an expense, he is required to report it to the IRS. I wonder if Joey had issued him a 1099 during those years. For the money coming into EIP, he really should have had an accountant, but I have no idea if he did. I'm guessing that in order to get the loan on the house, he was required to provide his tax returns.

 

[mom2chloe]

Yes, anyone who paid him is required to issue 1099, as he is considered an independent contractor. Or if Chase was set up as a corporation, he would be paying corporate taxes.

If Chase wasn’t filing income tax returns
JM would have been required to even if CM was only a contractor for EIP. Wondering seriously if Prosecutors have looked at outstanding IRS and CA tax returns and liability.

 

[Recidivist]

That is an article and it doesn't mention the 30K owed to Joey for a gambling debt.

IMO this is a rumour, it was started by DK and it has never been proven and I don't even think that the prosecution has said it.

Welcome to Websleuths by the way

Thats because I posted a link to the wrong article. This is the correct article which indicates the info coming from the warrants

Joseph McStay was going to fire his alleged killer over gambling debt, documents say – San Bernardino Sun

And thank you for the welcome!

 

[missy1974]

No, the $30K WAS from ATM withdrawls from Casinos.

I understand that we are talking about DK's mention of JM paying off CM's gambling debts.

However, SOMEONE posted (from testimony) that CM had withdrawal'ed 30K, over a year, from casinos.

Maybe we are talking about 2 different things?

Yep we are ;-)

 

[QueenBofOB]

I can't explain it any other way LOL He has income... he has expenses... the left over is his net income for the year. I don't even know that this 173K is the right number!!!! LOL

And just so I am clear. I am not saying that he did indeed owe child support, I was using it as an example, and how the bank activity reminded me of that, which then got me thinking that someone or some agency or a bank possibly caught up with him.

Yes, he probably DID have expenses. But, considering he didn't bother to pay taxes, he had a LOT more money to throw around.

 

[missy1974]

If Joey wanted to report the money he paid to Chase, as a business expense, he would have had to file a 1099. Even if he didn't use that as an expense, he is required to report it to the IRS. I wonder if Joey had issued him a 1099 during those years. For the money coming into EIP, he really should have had an accountant, but I have no idea if he did. I'm guessing that in order to get the loan on the house, he was required to provide his tax returns.

Right. So this going through all of the statements to find what EIP paid Chase, shouldn't even be an issue if a 1099 was filed. Seem's like a much easier way to show how much he made IMO Now... it could also mean that they didn't do it that way.

 

[mom2chloe]

Didn't Chase's health problems come up in pretrial hearings? Wouldn't they need "verification" of it?

It did indeed but because of HIPPA we will never be privy to any of CM’s health conditions without his written consent although he can certainly testify to his alleged health conditions. (Thanks Bill
Clinton!)

 

[missy1974]

Thats because I posted a link to the wrong article. This is the correct article which indicates the info coming from the warrants

Joseph McStay was going to fire his alleged killer over gambling debt, documents say – San Bernardino Sun

And thank you for the welcome!

A business partner of Joseph McStay told homicide detectives that McStay had lent Charles “Chase” Merritt $30,000 to cover a gambling debt, and was planning to fire Merritt from his custom water fountain business, before the McStay family was last seen alive in 2010, according to search warrants released Wednesday.

That info is in the search warrants... it comes from Dan. It doesn't make it true. JMO


On another note... haha San Bernardino Sun... I have figured out how to continue viewing their articles without paying LOL

 

[katydid23]

I don't think there was anything about anything missing from MSM. It was more about the knowledge of the tools and how to use them properly that Sequieda said he didn't trust. He obviously didn't like CM, but after Carmen's testimony, I don't think Sequieda Sr. (the dad) had that big of a problem with Chase, and let's not forget that Jr. and Sr. had their own relationship issues according to testimony. I would like to know why Sequieda Sr. didn't testify (could be health, etc. but I would think that the pro's would have wanted to bring that out as well and they didn't)

Also don't forget, that the jury isn't hearing all these "rumours" about tools and whatever, are they?

I thought I heard him say something about not wanting Chase to be in the shop alone?

 

[missy1974]

It did indeed but because of HIPPA we will never be privy to any of CM’s health conditions without his written consent although he can certainly testify to his alleged health conditions. (Thanks Bill
Clinton!)

He can also just give his consent without testifying, if it could be brought in through another witness. But like I said, it could be something that CJ testifies about, she lived with him, had children with him, I'm sure she has knowledge about his health condition and was probably listed as his next of kin during that period of time.

 

[missy1974]

I thought I heard him say something about not wanting Chase to be in the shop alone?

yes, because they didn't want him using the equipment. However, Carmen's testimony seemed to contradict this.

 

[mom2chloe]

He can also just give his consent without testifying, if it could be brought in through another witness. But like I said, it could be something that CJ testifies about, she lived with him, had children with him, I'm sure she has knowledge about his health condition and was probably listed as his next of kin during that period of time.

CJ could indeed testify to a “heart attack” or health condition otherwise but again, I have been following this case for nearly a decade. She may also be the ex most likely to kill CM or at a minimum throw him under the proverbial bus. Remains to be seem and I sincerely hope she comes forward with irrefutable evidence.

 

[citygirl]

Link please because with all due respect I have never seen proof of this anywhere. I am growing older every day and this case among others can attest to the grey hairs I have earned. I will be around Lord willing and if you can link it I will Respond

Good luck. I was more direct. Where? Still waiting.

 

[JMarsh]

Link please because with all due respect I have never seen proof of this anywhere. I am growing older every day and this case among others can attest to the grey hairs I have earned. I will be around Lord willing and if you can link it I will Respond

I really suggest that everyone go back and read the probable cause affidavits for the search warrants. Because, though these lack continuity, they do provide inklings into what the state knows and doesn't know.

I can not link you to a medical report, these are, by law, confidential. But I can point you to two reports that strongly indicate that Chase's claim of having some major medical procedure in 2009 was looked into by investigators and the probate court, and that some type of major procedure was verified. (the procedure has to be in keeping with claims Chase made, because the probate court cleared him and investigators have made no mention of what they found since. If investigators had discovered that Chase had lied, it is clear they would have presented this in their opening. The DA has shown he/she has no problem investing in innuendo and hopse that jury will equated Chase's "lies" with a capacity to murder.)

There is a probate report on-line (LA Times published it). In that report it is written that Chase misses court dates, he is put on bench warrant at least twice.The report relates that Chase claims missed court dates are due to being in the hospital. The court log indicates that the judge wants this looked into. Though there is no formal determination written in the report, it is very soon after this that the bench warrant is removed, and following this, not long after that probate is lifted. The court had to have been satisfied, because otherwise Chase might have been charged with perjury.

There is a search warrant executed by SBC for Chase's medical records. These were obtained. We haven't heard one word about Chase's claim of a heart attack since. Clearly investigators didn't find deception. Again, if they had, it is clear from other "evidence" the DA is presenting, that this would have been presented in their case, right upfront.

We will have to wait and see what the defense presents.

 

[JMarsh]

Regardless if CJ testifies or not, hers would be a story I would be interested in knowing as well as purchasing. Perhaps then her children could be provided for and afforded an amends to what is likely a neglect situstion at best.
CM claimed a lot of debt but we have seen zero to support claims of child support or medical bills. @JMarsh do you believe parents who aren’t married require less of an obligation to support the children they create? If so why?

We are not entitled to know everything about everyone we are idly curious about. Basic common decency would dictate this.

Unless Jarvis testifies, we just won't know. And my personal feeling is we have no right to know anything personal about her, other than what she chooses to share.

Chase is on trial, and because of the nature of the crime he is charged with, his character is relevant. So when examining these financial records it feels important to look at what is there, and what is not there.

What is there are problems. No doubt, Chase was under financial pressure. What isn't in the records and what is actually supported by a search warrant affidavit is that when it came to financial responsibilities he, his kids were a priority for him. This speaks to character. If the mother of his children had an issue with non-payment of support, she never took this matter to court (at least not in the records I looked into).

 

[JMarsh]

That is an article and it doesn't mention the 30K owed to Joey for a gambling debt.

IMO this is a rumour, it was started by DK and it has never been proven and I don't even think that the prosecution has said it.

Welcome to Websleuths by the way

It's very clear from the search warrants that the 30K debt and possibility that Chase might be fired, came from only one person, Dan K.

 

[JMarsh]

It did indeed but because of HIPPA we will never be privy to any of CM’s health conditions without his written consent although he can certainly testify to his alleged health conditions. (Thanks Bill
Clinton!)

The probate court and investigators know. They received his records. The probate court cleared him. Investigators executed a search warrant to prove he was lying, and they haven't said a word since, indicating Chase's claims were likely verified.

 

[Penny Parker]

I understand what you're saying, but as devil's advocate, if the prosecution or a detective hears something in court that makes them think, and then that person goes home that night and does some more work and discovers NEW evidence/information -- should the prosecution then just ignore that information and not bring it up in the trial? Even though it may help the jury in their decision?

Since we haven't heard back from @gitana1, and I'd really like a legal opinion, I'm including @Alethea and @Mercedes. I hope one of these fine attorneys can us with this question.