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

[Penny Parker]

I think Smith said it was recorded. I don't know if that would be a good thing to play it or not lol

That was pretty brutal to watch. She said she was not in her right mind during that interview, couldn't even pick out that it was Smith that was interviewing her, he is in the courtroom. She has had a few strokes, and had just had back surgery and was heavily medicated with pain killers, to the point she was drooling (her words).

Thanks, Missy. I won't believe her unless I see her interview for myself.

 

[missy1974]

Juanita looked "unstable` to me. IMO If the defense is planning on using her as his alibi for the grave digging, well, she just doesn't appear to be all that credible. IMO

Based on the questions the defense asked, I have a feeling this is where Bennett, his brother, comes in. Probably also why the prosecutor's wanted his DNA.

AFAIK, discovery works both ways. So if the defense got some info that maybe Chase was with Bennett on the 6th of February, the prosecution may think, well hey, he had help then... so asked for Bennett's DNA. I have no idea what they compared it to though, since there was ZERO found LOL

Just to add to this... IIRC in the audio only questioning of Boles about the Victorville pings, there was one the defense asked if the tower was on a specific building in downtown Victorville. It stuck out to me. I wonder if it was somewhere that Bennett was that day ... bank? something that would have a paper trail?

 

[MichaelCorleone]

haha found your 2nd post! LOL

I agree with you

Yeah, I’m new. Someone mentioned there was active discussion about this case on Websleuth’s so I came to see. I’ve watched this whole trial. Well, until they pulled the camera out. Even then, I listened to the audio they had. I’d like to see justice for the McStays.

 

[missy1974]

Every time I hear Smith being brought back to the stand, I have to laugh. All the other investigators look as if they aren't wearing pants behind the stand, and they don't want anyone to know. They look so uncomfortable. Smith is all the DA's got at this point.

And the prosecution better hope that all the juror's like him.

 

[oceanblueeyes]

Why would CM 'pay himself what he thought he was owed' if JM were still alive and capable of paying CM himself? It appears CM knew JM was not alive, by some magical intuition.

Those pesky little facts are conveniently ignored.

Good call.

 

[Force Ten]

I really don’t have the time to repost previous comments you’ll need to search the treads if you’re interested.

Yes, I remember you called it "junk science" dismissing Rudin's proficient academic record and years of experience as well as being used in trials before. It's not like he's a medium who claims to talk to the dead.

Do you have any background in this field or can you provide anything to indicate manipulation?

 

[JMarsh]

And the prosecution better hope that all the juror's like him.

I have a feeling they have one of those people who "reads" jurors. Even I, who at this point believe the state's case is bunk, enjoy Smith when he's on the stand. There's something so earnest about him. He is able to deliver flawed data, with confidence, without being cocky. And he is a cutie.

We'll see if he can sway the jury.

I'll bet one thing for certain, the defense isn't calling him, unless they absolutely have to.

 

[missy1974]

Thanks, Missy. I won't believe her unless I see her interview for myself.

They read part of it in Smith's testimony But I doubt we will hear all of it. Take it or leave it I guess.

 

[MichaelCorleone]

Based on the questions the defense asked, I have a feeling this is where Bennett, his brother, comes in. Probably also why the prosecutor's wanted his DNA.

AFAIK, discovery works both ways. So if the defense got some info that maybe Chase was with Bennett on the 6th of February, the prosecution may think, well hey, he had help then... so asked for Bennett's DNA. I have no idea what they compared it to though, since there was ZERO found LOL

Just to add to this... IIRC in the audio only questioning of Boles about the Victorville pings, there was one the defense asked if the tower was on a specific building in downtown Victorville. It stuck out to me. I wonder if it was somewhere that Bennett was that day ... bank? something that would have a paper trail?

I thought they had DNA from the graves that didn’t match anyone in the investigation. I guess they needed Bennett’s to check against that?

Good point about that Victorville tower question. I bet you’re right that it’s going to be part of the defense. I am going to have to re-listen to that. Of all times not to have the camera there, during the cell phone evidence was the absolute worst.

 

[MichaelCorleone]

I have a feeling they have one of those people who "reads" jurors. Even I, who at this point believes the state's case to be bunk, enjoy Smith when he's on the stand. There's something so earnest about him. He is able to deliver flawed data, with confidence, without being cocky. And he is a cutie.

We'll see if he can sway the jury.

I'll bet one thing for certain, the defense isn't calling him, unless they absolutely have to.

Ugh. I think he looks like Jim Carrey. And his facial expressions can be obnoxious.

 

[missy1974]

I have a feeling they have one of those people who "reads" jurors. Even I, who at this point believes the state's case to be bunk, enjoy Smith when he's on the stand. There's something so earnest about him. He is able to deliver flawed data, with an air that is confident without being cocky. And he is a cutie.

We'll see if he can sway the jury.

I'll bet one thing for certain, the defense isn't calling him, unless they absolutely have to.

Interesting. I don't like him haha I did at first when he was on direct, but his mannerisms changed as soon as the defence started asking him questions, it was defensive and snarky. He lost me at that point. If he is confident in the case, and confident in his abilities as an investigator, no need to get defensive. All the other officer's that have been called to the stand, have not had that demeanour change.

 

[Mony Mony]

Based on the questions the defense asked, I have a feeling this is where Bennett, his brother, comes in. Probably also why the prosecutor's wanted his DNA.

AFAIK, discovery works both ways. So if the defense got some info that maybe Chase was with Bennett on the 6th of February, the prosecution may think, well hey, he had help then... so asked for Bennett's DNA. I have no idea what they compared it to though, since there was ZERO found LOL

Just to add to this... IIRC in the audio only questioning of Boles about the Victorville pings, there was one the defense asked if the tower was on a specific building in downtown Victorville. It stuck out to me. I wonder if it was somewhere that Bennett was that day ... bank? something that would have a paper trail?

The Bennet angle is interesting. It has me thinking too! If I understood correctly, Juanita would call Bennet when she had trouble with a neighbor? So Bennet was the muscle, the pit bull, the fixer for Juanita? I wonder where else he provided muscle and what else he fixed.

 

[JMarsh]

Ugh. I think he looks like Jim Carrey. And his facial expressions can be obnoxious.

I'm not seeing the resemblance.

 

[missy1974]

I thought they had DNA from the graves that didn’t match anyone in the investigation. I guess they needed Bennett’s to check against that?

Good point about that Victorville tower question. I bet you’re right that it’s going to be part of the defense. I am going to have to re-listen to that. Of all times not to have the camera there, during the cell phone evidence was the absolute worst.

The defense found DNA. So it could be what they were checking. The State guy that testified, seemed to say that DNA wouldn't survive that long. I will wait to hear from the defense expert and see if they can change my mind on that now

I will check my notes and see if I have a timestamp or if I noted it LOL cuz I do that kinda stuff

 

[JMarsh]

Interesting. I don't like him haha I did at first when he was on direct, but his mannerisms changed as soon as the defence started asking him questions, it was defensive and snarky. He lost me at that point. If he is confident in the case, and confident in his abilities as an investigator, no need to get defensive. All the other officer's that have been called to the stand, have not had that demeanour change.

I have to say, as I now am leaning hard toward Chase being 100% innocent, that I hope the jury sees him the way you do.

I kind of like the guy, but then I'm a sucker for the underdog who remains indefatigable in the face of defeat.

 

[MichaelCorleone]

What do you feel is evidence of his guilt?

Well, he’d have to be pretty darn unlucky to just happen to have been thieving from Joseph on the day the McStays disappear. I think the checks and the QB calls are damning, but probably not enough for murder. The cell pings, along with the going off the proverbial cell phone grid are bad too. I just think we need more than that for a murder conviction.

 

[missy1974]

Ugh. I think he looks like Jim Carrey. And his facial expressions can be obnoxious.

yep! LOL When he looks up when he's thinking, he looks like Dumb and Dumber Lloyd.

 

[Bernina]

Well I would think at the end of the Prosecution’s case, the evidence would lean in favor of said prosecution. Then the defense would step up and create doubt. You know, kind of like the scales of justice tilting back and forth. At this point though, they aren’t really tilted enough to ever secure a conviction, IMO. The defense is just going to keep adding more and more weight to their side. Sure, the prosecution will be able to mitigate some of that weight, but if the prosecution side hasn’t even come close to causing the scale to level out, I just don’t see any hope of it ever doing so.

I don’t know whether to hope I am wrong or not. Part of me wants to see him convicted. Part of me knows it might be an injustice if he were.

If you go to the "McStay Forum", there is YEARS of information, debate, possible suspects, theories, warrants, people of interest......it's pretty massive.
There's several points that I don't believe the prosecution has nailed down, but I think the defense's witnesses might inadvertently help hammer those nails with the State's cross. Rebuttal witnesses could seal the deal. The biggest issue is this is a trial of circumstantial evidence. No eye witnesses, and the only person who can explain his behavior is the defendant (CM) because the McStay family is dead, JM can't say he did or did not give Chase permission to do anything, that he gave Chase checks, that Chase was going to be fired at the meeting on Feb. 4th, Chase can say what he wants because the eye witness is conveniently dead.
It ain't over til the fat lady sings........

 

[missy1974]

The Bennet angle is interesting. It has me thinking too! If I understood correctly, Juanita would call Bennet when she had trouble with a neighbor? So Bennet was the muscle, the pit bull, the fixer for Juanita? I wonder where else he provided muscle and what else he fixed.

Apparently it was a guy that lived there, they were not 'involved', Smith thought they were. Maline was trying to get Smith to say what time frame, but Smith did not know.

We have been wondering why they wanted Bennett's DNA, this seems like it might be an answer. Will be interesting to hear what comes out. I really do find that more can be learned from the questions asked than the questions answered sometimes ;-)

 

[JMarsh]

Well, he’d have to be pretty darn unlucky to just happen to have been thieving from Joseph on the day the McStays disappear. I think the checks and the QB calls are damning, but probably not enough for murder. The cell pings, along with the going off the proverbial cell phone grid are bad too. I just think we need more than that for a murder conviction.

Where is the evidence that Chase was thieving?

Joey McStay isn't here to confirm one way or the other. Is it just that the DA's take on that activity makes more sense to you than the defense's take?

What is it about the ping evidence that you find convincing or pointing to guilt?