CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #9

[mom2chloe]

I recall a recent case in either Virginia or West Virginia, where a mother had attached a “bug” to her child’s hair. It was a school who catered to children with learning disabilities and differences and what was recorded was appalling to say the least. These devices are fairly cheap and well hidden.
Many years ago, my boss, who happened to be an educator, suggested to me that I place a likewise listenening device on my then middle school aged child to document the conversations as related to bullying . In Kentucky, we are legally allowed to record such conversations without another’s consent but I have no Knowledge whether this would be legal in other states although it seems because this was done in California that perhaps it is legal and admissable too. Any attorneys available to weigh in? TIA!

 

[missy1974]

So, it sounds like CM was aking CJ to be his alibi for the 4th? SAY it isn't so !!!

You have to listen to it to 'get it'. I tried to transcribe the most important parts. They were talking about what CJ has been saying the whole time, apparently since Feb 2010

 

[missy1974]

Thank you @missy1974 for your mini-transcription of today's hearing

So it appears that CJ wasn't working in tandem with the pros after all.

I have a question for the law experts: after listening to the audio, am I understanding correctly that if the pros is allowed to present the recordings re: CM and CJ discussing the evening of the 4th, that the defense will then be allowed to present evidence of CJ being interviewed by LE where they allegedly threaten her with arrest as an accomplice if she doesn't change her recollection? And am I understanding that if the pros does NOT present the recordings re: the evening of the 4th, the defense would then NOT be allowed to bring up LE's interview with CJ? Also I'm anxious to hear what the Judge says after he listens, I'm assuming we will find out tomorrow.

This is my understanding right now. I am pretty sure that McGee said that he would lay the foundation and play her interviews, or put the LE officers that interviewed her on the stand. I am not sure if I am imagining this haha I will go back and listen... it would be in the last 5-10 min of the audio from today ... I think!

If I was the prosecution, I might want to think long and hard about whether they are worth using. JMO

 

[missy1974]

This also has me wondering whether the recordings of family/friends has something to do with the DNA sample of CM's brother?

I'm going to say no. Smith did these "manual recordings" just this month. Feb 1st, 3rd, 8th and 11th.

 

[mom2chloe]

I also find the use of CM’s term “split the losses” hinky. I hope he is indeed segregated and that this means he is not even able to play poker.

 

[missy1974]

CM's visitation (phone to talk to visitor) ARE recorded. They are on an electronic service, like Mitchely's camera, but audio is captured 24/7.

ok... but what I'm saying is... if he was talking to his visitor's through the glass for 4 years, wouldn't someone notice before now???? I highly doubt he is the only inmate that does this.

 

[Edmo]

I'm going to say no. Smith did these "manual recordings" just this month. Feb 1st, 3rd, 8th and 11th.

Did CJ agree to wear this? Or, did he get a warrant?

 

[cobalt sky]

This is my understanding right now. I am pretty sure that McGee said that he would lay the foundation and play her interviews, or put the LE officers that interviewed her on the stand. I am not sure if I am imagining this haha I will go back and listen... it would be in the last 5-10 min of the audio from today ... I think!

If I was the prosecution, I might want to think long and hard about whether they are worth using. JMO

Thanks Missy, that's what I was thinking as well!

 

[missy1974]

I recall a recent case in either Virginia or West Virginia, where a mother had attached a “bug” to her child’s hair. It was a school who catered to children with learning disabilities and differences and what was recorded was appalling to say the least. These devices are fairly cheap and well hidden.
Many years ago, my boss, who happened to be an educator, suggested to me that I place a likewise listenening device on my then middle school aged child to document the conversations as related to bullying . In Kentucky, we are legally allowed to record such conversations without another’s consent but I have no Knowledge whether this would be legal in other states although it seems because this was done in California that perhaps it is legal and admissable too. Any attorneys available to weigh in? TIA!

Not an attorney, but this was in a jail. There is zero expectation of privacy, at least for the inmate. Interestingly, on the pubic side, McGee asked Smith if there were signs and he said no. There is a recording when you pick up the phone, but because they didn't pick up the phone... no message.

 

[missy1974]

Did CJ agree to wear this? Or, did he get a warrant?

ohhh you need to go listen LOL

CJ didn't wear anything, she was also not aware. Smith manually recorded when he caught her saying I will talk to you about it on Friday on a telephone conversation IIRC.

He went in, put a recorder, left it on, grabbed it afterwards.

 

[JMarsh]

Does anyone know... is the Provecho fountain the one that Joey was waiting for an insurance cheque for????

I think that is the one.

 

[Edmo]

ok... but what I'm saying is... if he was talking to his visitor's through the glass for 4 years, wouldn't someone notice before now???? I highly doubt he is the only inmate that does this.

There is ALWAYS a Deputy assigned to "visiting." Their job is to make sure no contraband gets passed or that an inmate has a way to escape. We had a visitor who tried to remove the screws holding the glass in one time. I'm not sure about SBSO, but "our" visiting rooms the deputy couldn't hear w/o the phones being used.

 

[Edmo]

ohhh you need to go listen LOL

CJ didn't wear anything, she was also not aware. Smith manually recorded when he caught her saying I will talk to you about it on Friday on a telephone conversation IIRC.

He went in, put a recorder, left it on, grabbed it afterwards.

I assume it is a phone recording then.

 

[missy1974]

I think that is the one.

I think it is also, but just not 100% sure. This is the one that Sequieda's were ticked that Joey hadn't paid them for yet, the one where it's discussed about an "insurance cheque"

 

[JMarsh]

A lot of time has passed, and I think if you are trying to make certain a witness recalls things accurately there might be a temptation to try and jog their memory. This sounds like what was going on.

 

[missy1974]

I assume it is a phone recording then.

no, it's a digital recorder, that he physically placed into the visitor area.

 

[JMarsh]

I think it is also, but just not 100% sure. This is the one that Sequieda's were ticked that Joey hadn't paid them for yet, the one where it's discussed about an "insurance cheque"

I personally think it's all a bit ridiculous. First tie Chase to the act of murder. Then worry about why he did it. (if he did it)

It is absolutely possible that there were money issues, unresolved at the time Joey is killed, that in no way played into his murder.

 

[Bernina]

LE can imply, "threaten", coerce, whatever, when they interview a person.
Was she read her rights or was it a "sit down"? And she certainly isn't a minor, nor did she ask for an attorney.
LE had every reason to tell her she could be implicated, she was his GF, they were living together.
Operative words are "could", "may", "might", etc.
With all of CM's crimes, imprisonments, and probation/parole, CJ is FAR from being naive, she knows the in's and out's of the system.

 

[Edmo]

FWIW, in a county jail, there are 2 separate visiting areas. 1 To visit family and 2 For Lawyer/Client confidentiality. The "Lawyer" room is basically the same as the public, except they have a slot to "pass" documents through to their client. They DON'T have telephones to talk to each other like the public, they get a "hole" to talk through.

 

[missy1974]

LE can imply, "threaten", coerce, whatever, when they interview a person.
Was she read her rights or was it a "sit down"? And she certainly isn't a minor, nor did she ask for an attorney.
LE had every reason to tell her she could be implicated, she was his GF, they were living together.
Operative words are "could", "may", "might", etc.
With all of CM's crimes, imprisonments, and probation/parole, CJ is FAR from being naive, she knows the in's and out's of the system.

does she have a criminal record?

I hope they do put CJ on the stand, either side. I would like to hear her interviews with SBSD now.