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

[Tortoise]

It it isn’t clear that he is not saying Chase overpaid him. Twist it like the defense attorneys are going to. It can be twisted. IMO

No that can't be because he already told the detectives in the recorded interview on 17th Feb 2010 that the $15K was what he owed Joey, then he was telling them that with the money due on Paul Mitchell and Saudi Arabia (26K) Joey would owe him 11K.

So the 15K figure is Chase owing Joey and not the other way around. He just conveniently omitted to tell them about the other £27800 for Provecho and Levine that Joey added on to that figure.

 

[Force Ten]

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).

He read back a transcript of the interview that seemed to be from a recording.

 

[Bernina]

Then how did she remember all of the details that she told Detective Smith at the time? He said she was not drooling or acting debilitated. Who should we believe?

BBM. Seriously, HOW DID SHE KNOW? I don't recall anyone else being there during the interview. Did the cat and dog tell her? And if she was so heavily medicated and not in her right mind, why wasn't someone there to make sure she was ok?

 

[Tortoise]

He read back a transcript of the interview that seemed to be from a recording.

And it was before his arrest I believe.

 

[cobalt sky]

No that can't be because he already told the detectives in the recorded interview on 17th Feb 2010 that the $15K was what he owed Joey, then he was telling them that with the money due on Paul Mitchell and Saudi Arabia (26K) Joey would owe him 11K.

So the 15K figure is Chase owing Joey and not the other way around. He just conveniently omitted to tell them about the other £27800 for Provecho and Levine that Joey added on to that figure.

Here's the thing though. Didn't Chase also say something to the effect that Joey would owe him, and then he would owe Joey, and then Joey owe him, etc? And that it all balanced out in the end? Because imo if Joey was overpaying Chase by literally thousands of dollars, that sort of supports what Chase claims. Joey overpays, Chase owes, but then Joey owes him again for something else...on and on... Otherwise I can't imagine why Joey would be overpaying Chase thousands of dollars in the first place. Maybe they just had an unconventional arrangement as to how they did business.

 

[thelmadawg]

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.

Chase would love to have your phone #. Anxious for a new business start up after the trial.

 

[Force Ten]

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?

Just....unreal.

 

[Tortoise]

Here's the thing though. Didn't Chase also say something to the effect that Joey would owe him, and then he would owe Joey, and then Joey owe him, etc? And that it all balanced out in the end? Because imo if Joey was overpaying Chase by literally thousands of dollars, that sort of supports what Chase claims. Joey overpays, Chase owes, but then Joey owes him again for something else...on and on... Otherwise I can't imagine why Joey would be overpaying Chase thousands of dollars in the first place. Maybe they just had an unconventional arrangement as to how they did business.

Here is what I was able to transcribe of his interview (bad audio) played during opening statements.

It is as I have already posted. He doesn't mention the extra $27,800.

"right now behind, well actually right now we’re pretty much even because these two projects …$173,000 is what he has paid me $158,000 is what he owed me before these two projects, came to I owe him $15,000. [inaudible] with these two projects ..$26,000. So he was then owing me a little over $10,000, somewhere almost $11,000."

 

[Edmo]

I don't know if I believe her... I don't know if there is anything there of substance to believe or not believe... she pretty much said right away that she doesn't remember much about even being interviewed, she didn't recognize Smith, she said she was drugged up and had just had surgery. She had also suffered a few strokes, and more...

Right away I was feeling bad for her, cuz she looked like she was in pain and drugged. IMO if the prosecution was going to try to use her as a "he wasn't there witness" she is as reliable as if the defense tried to use her as a "he was there witness".

Can't wait to watch it again, cuz I actually don't know if Rodriquez even asked her about the 6th LOL

That is a tactic she can use to NOT testify against CM, IMO. I wouldn't want to be in her shoes either.

 

[citygirl]

I don't know anything about swinging kittens. I do believe at this time that the state is the underdog. They were given a lemon of a case and were not able to successfully produce lemonade from it. Doesn't necessarily mean Chase won't be convicted.

Yes, this is entirely possible. Remember that Chase had a criminal record, it is not uncommon for family to not want to get involved and/or want to protect their loved ones. She may have originally been saying she hadn't seen Chase in an effort to distance herself from him in order to protect him. It's important for everyone to remember that not every family is like your own. This type of behavior in families with criminal pasts is very common. You don't have to like it or agree with it, but that's the way it is. Ultimately the jury will decide whether her testimony if credible and/or important to the case.

So, she lied then to protect him then changed her testimony? And her last testimony is truthful? Not being argumentative. I get the family bond. Its how we roll.

 

[mom2chloe]

BBM. Seriously, HOW DID SHE KNOW? I don't recall anyone else being there during the interview. Did the cat and dog tell her? And if she was so heavily medicated and not in her right mind, why wasn't someone there to make sure she was ok?

A medical diagnosis of a stroke does not require a precription for pain pills. Although I do believe she hadn’t seen CM in 5 years, could CM have stolen medication from her to drug JM with without her knowledge? YES!!!
Addictive tendencies have a genetic component and we know CM had an addiction to gambling.

 

[Tortoise]

So, she lied then to protect him then changed her testimony? And her last testimony is truthful? Not being argumentative. I get the family bond. Its how we roll.

It's another Merritt whose poor memory improves over time, obviously.

 

[katydid23]

The defense isn't denying that Chase wrote checks by way of the CUSTOM account, which was separate from Joey's more important and personal account CONTACTS. An account that Chase apparently already had the password to.

That is being admitted to.

What the defense claims is that YES, Joey did give Chase checks to use to pay himself and apparently Metro. The only way those checks are a problem, is if they are cashed, and we know that one check was cashed prior to Joey going missing and Joey never changed his passwords, or spoke to his bank rep of fraud. This indicates that he was OK with the check writing.

And Chase only accessed that one account. He wrote checks in keeping with what was owed to him. He never accessed the CONTACTS account. He never used credit cards. The total stolen was about 20K, and he was expecting so much more that year in work. Doesn't make sense to kill a guy for 20k, when the work you might do with him over that year could add up to a few 100 K

The arrangement was a little unconventional, but makes sense to me.

Okay, let's pretend ALL of the above is true. Everything is on the up and up.

Can you explain why Chase told the detectives that Joey gave him those checks at lunch on the 4th? The same checks that he actually created himself, AFTER the 4th.

WHY would he tell them a lie like that^^^---if it was as you say, all on the up and up?

 

[citygirl]

read the statement, not testimony, where she says she was high on drugs and drooling and couldn't even recall that it was Smith that interviewed her. Okie dokie then.

Sorry Missy. I don't believe her,

 

[travelbug]

Here's the thing though. Didn't Chase also say something to the effect that Joey would owe him, and then he would owe Joey, and then Joey owe him, etc? And that it all balanced out in the end? Because imo if Joey was overpaying Chase by literally thousands of dollars, that sort of supports what Chase claims. Joey overpays, Chase owes, but then Joey owes him again for something else...on and on... Otherwise I can't imagine why Joey would be overpaying Chase thousands of dollars in the first place. Maybe they just had an unconventional arrangement as to how they did business.

IMO it was likely that Joey would advance the necessary funds to purchase supplies that were required for fabrication of the fountains. Upon completion of the project, and payment from the customer, Joey would balance the ledger determine the profit, and ultimately distribute final payments. That is not an unusual business model for small contractors, with sub-contractors who need to pick up extra parts or components while in the field.

 

[Tortoise]

Okay, let's pretend ALL of the above is true. Everything is on the up and up.

Can you explain why Chase told the detectives that Joey gave him those checks at lunch on the 4th? The same checks that he actually created himself, AFTER the 4th.

WHY would he tell them a lie like that^^^---if it was as you say, all on the up and up?

I think he will claim they were signed blanks katy, well some of them anyway.

At least that is if he gives evidence. I'm not sure he will, although he is the controller so who knows. Controllers usually can't resist the opportunity.

 

[citygirl]

It's another Merritt whose poor memory improves over time, obviously.

And they conveniently have all these illnesses that interfere with their memory. They even drool. GMAB.

 

[Plumeria5]

Thinking back to when Joey was sick, do we know when that started, his symptoms, and did he go to a doctor for blood work? I wonder if the detectives looked into that?

 

[citygirl]

Okay, let's pretend ALL of the above is true. Everything is on the up and up.

Can you explain why Chase told the detectives that Joey gave him those checks at lunch on the 4th? The same checks that he actually created himself, AFTER the 4th.

WHY would he tell them a lie like that^^^---if it was as you say, all on the up and up?

Because he has been debilitated by a heart attack which required stents and this affected his memory. Keep in mind after having these stents he went to Mexico to get viagra. His words. Offered it up voluntarily.

 

[Bernina]

In my experience, when someone is on pain meds including myself, if you are an honest person, you tend to be honest while on said meds, in some cases even brutally honest. I've experienced this "honesty" with pathological liars.
With someone who has an illegal addiction to pain meds, liar, liar, pants on fire.