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

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  • #501
Since the phone was turned off it would be impossible to determine its location.
I meant to say according to the timeline when LE believes CM was during the facilitation of the crime. Oops!
 
  • #502
My notes from the prosecutor's opening speech, of the times when CM's phone was not connected to any towers.

4th Feb 5:48 pm to 9:32 pm (3.75 hours)
4th Feb reconnects at 9:32 pm then goes off again until 5th Feb 7:30 am (10 hours)
5th Feb 3:54 pm to 9:17 pm (3.5 hours)
8th Feb 7:26 am to 1:31 pm (6 hours)
Does anyone know if CM's phone usage from other dates is indicative of this pattern?
 
  • #503
Another lie by Merritt is obviously the phone call from Joey as he claimed “he was watching a film with his girlfriend and saw who was calling and as Joey could ramble on he ignored it” he figured he would speak to him the following day.

Well his phone was switched off so it’s funny how he claimed he saw Joey calling him and ignored it.
 
  • #504
Does anyone know if CM's phone usage from other dates is indicative of this pattern?

I was just reading about that this morning in the preliminary hearing transcripts Part 3..

21 Q So, over five hours of no activity on the 5th?
22 A Correct.
23 Q Based upon your review of the defendant's cell phone
24 records for up to a year prior to this date, is that consistent
25 with his normal cell activities?
26 A I don't know if I can comment on that, 'cause I didn't
27 review the whole year to see if there were normal five-hour gaps
28 of time. I'm sorry. I would need to review that further to

1 comment on that.

I'm just guessing, but I bet they have gone back and looked since then and we might hear about that in the trial.
 
  • #505
Does anyone know if CM's phone usage from other dates is indicative of this pattern?
Just pointing out my own error in calculating the hours. I amended the total hours on my original post, for the afternoon/evening of the 5th, to 5.5
 
  • #506
anyone know where to go online to watch the live feed? I went to the Law and Crime website and can't find it. TIA
 
  • #507
  • #508
I was just reading about that this morning in the preliminary hearing transcripts Part 3..

21 Q So, over five hours of no activity on the 5th?
22 A Correct.
23 Q Based upon your review of the defendant's cell phone
24 records for up to a year prior to this date, is that consistent
25 with his normal cell activities?
26 A I don't know if I can comment on that, 'cause I didn't
27 review the whole year to see if there were normal five-hour gaps
28 of time. I'm sorry. I would need to review that further to

1 comment on that.

I'm just guessing, but I bet they have gone back and looked since then and we might hear about that in the trial.
It reduces the value of the evidence without that info. Although there isn't really a pattern, on the 4th it's off overnight, on the 5th it's off late afternoon to evening and on the 8th it's off early morning to midday. But they should've checked it. Hopefully they have now!
 
  • #509
I was skimming through this thread again and the discussion re DK brought forth memories of an interview he did with channel 8 on 12/9/14, about a month after CM was arrested. For those who haven't seen it yet, this is a surprise interview, the reporter showed up at his door. It's very interesting to watch, especially now. He is very evasive when asked about the financials of EIP and how much he was paid after the McStay's disappearance. He at first gives Joseph a glowing review and praises him and the business they created together, then later alludes to being unhappy with how Joseph was running the business (the taco stand analogy). He basically admits that the emails (texts? I can't remember) where he threatened Joseph to pretty much destroy his business if Joseph didn't give him his way (from Baker's book) is true. He also boasts his involvement in trying to keep the business running, but at the same time really puts much of the responsibility of handling the finances on Mike and Susan. He also stated that it was himself, Joseph, AND Mike and Susan that built the company, I didn't think that Mike & Susan had anything to do with the company directly at all until the McStays went missing???

I had also forgotten about DK selling Joseph's business. I'm wondering if the defense plan on using that as a possible motive, he was unhappy with how Joseph was running the business that "they created and built together", motive was to cut Joseph out of the picture and take over altogether, then sell the company (financial motive). I am greatly anticipating seeing what DK has to say on the stand!!

I also agree that if DK's Hawaii alibi was not confirmed by LE, that is a MAJOR problem. Or at least, if I were a juror on this case, it would be a major problem for me. All imo.

Link to the channel 8 interview with DK: McStay murder mystery: Who is Dan Kavanaugh?
 
  • #510
I meant to say according to the timeline when LE believes CM was during the facilitation of the crime. Oops!
Since there’s no accurate timeline as to when the murders took place or exactly when the Trooper was dropped off or where CM was at any given time since his phone was off makes this nothing more than speculation. What the prosecution is really saying is since CM’s phone was off at a certain time, then that must be the time that the murders took place and the Trooper was dropped off.
 
  • #511
  • #512
  • #513
  • #514
Since there’s no accurate timeline as to when the murders took place or exactly when the Trooper was dropped off or where CM was at any given time since his phone was off makes this nothing more than speculation. What the prosecution is really saying is since CM’s phone was off at a certain time, then that must be the time that the murders took place and the Trooper was dropped off.
LE knows the murders happened when the family disappeared and their cell phone communications stopped. They also know the car wasn't in the car park the night before or it would have been towed. It's not really wild speculation.
 
  • #515
  • #516
It reduces the value of the evidence without that info. Although there isn't really a pattern, on the 4th it's off overnight, on the 5th it's off late afternoon to evening and on the 8th it's off early morning to midday. But they should've checked it. Hopefully they have now!

I've been reading the cell info ... I am trying to decipher between "no activity" and turned off/airplane mode/out of range times. From what I am reading, the only indication that it was off/airplane/out of range is when he got a call and it went to voicemail. So the other gaps don't necessarily mean his phone was turned off, just no activity, no reason to connect to a tower. JMO I hope they don't wait until the end to show this at the trial lol
 
  • #517
Those links take you to an article from January 7th. I'm trying to watch live.

hmmm I just clicked them and they take me to the trial links? anyone else having trouble?
 
  • #518
So far all I get is a frozen image of the outside of the courthouse. Will try again later....

it hasn't started yet, they are late... again lol
 
  • #519
  • #520
I've been reading the cell info ... I am trying to decipher between "no activity" and turned off/airplane mode/out of range times. From what I am reading, the only indication that it was off/airplane/out of range is when he got a call and it went to voicemail. So the other gaps don't necessarily mean his phone was turned off, just no activity, no reason to connect to a tower. JMO I hope they don't wait until the end to show this at the trial lol


That’s not how a mobile phone works, when switched on it’s always pinging off the nearest tower. I don’t have to be on the phone for it to be pinging as how do I receive calls if it’s not connected to the nearest mobile tower?
 
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