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

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Marking my spot, can't believe this trial is actually started.
I, also, don't remember a knife being found in one of the graves.
Missed the 1st week of testimony so I'm off to watch the videos.

:) "Hey!" fellow sleuthers, been quite a while!
 
I searched the main forum yesterday, I couldn't find any mention of a knife in one of the graves. I also searched google for any mentions in articles since they were found, and nothing. Other than the defense mentioning it in the OS's, that is all we have.

If it wasn't true, wouldn't the prosecution say something? misrepresenting the facts, lying, something? lol

So the fact that DK’s Girlfriend mentioned he held one of the children at knife point may give her statement some value as if it wasn’t in the media how did DK or her know a knife was involved?
 
So the fact that DK’s Girlfriend mentioned he held one of the children at knife point may give her statement some value as if it wasn’t in the media how did DK or her know a knife was involved?
I watched the prosecutor's opening speech and I don't recall a knife being mentioned when he went through what was found in the graves. Maybe I missed it.
 
So the fact that DK’s Girlfriend mentioned he held one of the children at knife point may give her statement some value as if it wasn’t in the media how did DK or her know a knife was involved?

Right. I can't seem to find ANYTHING about a knife! I did find that in the preliminary hearing, they said the backpack had a paintbrush and a 'garden tool'. Is it possible they were calling the knife a garden tool? or the defense is calling the garden tool a knife? Still don't know why the prosecution would allow the defense to "lie" in their OS though.

I watched the prosecutor's opening speech and I don't recall a knife being mentioned when he went through what was found in the graves. Maybe I missed it.

It was in the defense OS.


About the 49 minute mark:

 
Right. I can't seem to find ANYTHING about a knife! I did find that in the preliminary hearing, they said the backpack had a paintbrush and a 'garden tool'. Is it possible they were calling the knife a garden tool? or the defense is calling the garden tool a knife? Still don't know why the prosecution would allow the defense to "lie" in their OS though.



It was in the defense OS.


About the 49 minute mark:



I wouldn’t call a knife a garden tool though , more like a kitchen utensil.
 
I listened to the defense's OS and they claimed CM was changing Quickbooks from Web to Desktop for JM at JM's request (on the 5th of Feb.).......I don't recall CM claiming that to anyone when questioned. Has anyone heard this explanation/justification before now?
 
FWIW, DK was cleared many years ago as his alibi was corroborated and he was indeed in fact in Hawaii. IIRC, he contacted the McStay family either shortly upon his return to the mainland or immediately before (maybe both!) because he wasn't able to reach Joey via phone or text. He was legitimately concerned about the family!
All of the McStays were bludgeoned to death with the sledgehammer. You don’t discard a knife when a sledgehammer was the murder weapon. If a knife was found it was planted and has zero bearing on these crimes. Possibly it may have been an afterthought to create doubt or cast blame; a red herring if you will.
Initially, Chase Merritt told detectives that if he were ever to murder someone it would be DK. The same disparaging type comments he made regarding Summer and what a she was in his opinion. All while referring to the McStays in the past tense.
CM forged checks, back dated them and tried to delete the accounting records and even went so far as to call the bank pretending to be Joey and requesting all of the accounting info be deleted.
DK had zero to do with this and I look forward to his name being cleared. The McStay Family and Friends have suffered immeasurably at the hands of CM. Please do not be fooled by the Defense’s antics and wait patiently because justice will come. It is horrific what the family has had to endure thus far in the trial and DK is another innocent victim regardless of what they try to sell to you and the jury. IMHO
 
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I listened to the defense's OS and they claimed CM was changing Quickbooks from Web to Desktop for JM at JM's request (on the 5th of Feb.).......I don't recall CM claiming that to anyone when questioned. Has anyone heard this explanation/justification before now?


I don’t recall any specific info related to CM changing QB from Web to Desktop. However, CM did admit to having JM’s permission to access QB in an interview with Det. Dugal in July 2011.


Snip


Merritt told San Diego County sheriff’s detective Troy Dugal during a July 7, 2011 interview that Joseph McStay had given him permission to access and use his Quickbooks accounting software program and had been in possession of six blank checks prior to Joseph McStay’s disappearance. Merritt said he used the checks to pay bills and to pay himself for jobs completed, according to search warrants.

Merritt admitted to Dugal he signed Joseph McStay’s name on three of the checks, and claimed the other three checks he had written already had Joseph McStay’s signature on them.

Joseph McStay was going to fire his alleged killer over gambling debt, documents say – San Bernardino Sun
 
I don’t recall any specific info related to CM changing QB from Web to Desktop. However, CM did admit to having JM’s permission to access QB in an interview with Det. Dugal in July 2011.


Snip


Merritt told San Diego County sheriff’s detective Troy Dugal during a July 7, 2011 interview that Joseph McStay had given him permission to access and use his Quickbooks accounting software program and had been in possession of six blank checks prior to Joseph McStay’s disappearance. Merritt said he used the checks to pay bills and to pay himself for jobs completed, according to search warrants.

Merritt admitted to Dugal he signed Joseph McStay’s name on three of the checks, and claimed the other three checks he had written already had Joseph McStay’s signature on them.

Joseph McStay was going to fire his alleged killer over gambling debt, documents say – San Bernardino Sun
What possible reason could CM have had for acquiring checks and/or Joey’s accounting information? He was a hired contractor. Nothing more/nothing less. Not a best friend to Joey but an employee with an extreme dislike for Summer and a pathological gambler who murdered not only the hand that fed him but his wife and tiny children as well.
 
I listened to the defense's OS and they claimed CM was changing Quickbooks from Web to Desktop for JM at JM's request (on the 5th of Feb.).......I don't recall CM claiming that to anyone when questioned. Has anyone heard this explanation/justification before now?

I was reading the preliminary hearing transcripts earlier today, I can't recall which officer was testifying, but basically said that Merritt didn't give any explanation about the Quickbooks.
 
FWIW, DK was cleared many years ago as his alibi was corroborated and he was indeed in fact in Hawaii. IIRC, he contacted the McStay family either shortly upon his return to the mainland or immediately before (maybe both!) because he wasn't able to reach Joey via phone or text. He was legitimately concerned about the family!
All of the McStays were bludgeoned to death with the sledgehammer. You don’t discard a knife when a sledgehammer was the murder weapon. If a knife was found it was planted and has zero bearing on these crimes. Possibly it may have been an afterthought to create doubt or cast blame; a red herring if you will.
Initially, Chase Merritt told detectives that if he were ever to murder someone it would be DK. The same disparaging type comments he made regarding Summer and what a ***** she was in his opinion. All while referring to the McStays in the past tense.
CM forged checks, back dated them and tried to delete the accounting records and even went so far as to call the bank pretending to be Joey and requesting all of the accounting info be deleted.
DK had zero to do with this and I look forward to his name being cleared. The McStay Family and Friends have suffered immeasurably at the hands of CM. Please do not be fooled by the Defense’s antics and wait patiently because justice will come. It is horrific what the family has had to endure thus far in the trial and DK is another innocent victim regardless of what they try to sell to you and the jury. IMHO

I didn't know he was "cleared", but really didn't look into any other theories after CM was arrested. The defense said in their OS's that it was not corroborated and IIRC SDSD dropped the ball, and SBSD only had eyes on CM. I am not saying this is true, but if there is no corroboration, it could become an issue IMO In all the years that I followed (which was until they were found) I just don't recall that DK was supposed to have been in Hawaii and I have a pretty good memory lol

I think the checks are going to be the biggest hurdle for CM. I just don't know that there is any good explanation for that.
 
CM is such trash he's just so low down. Gambling money problems, piddly checks, small time scamming and stealing from your jobs, petty jealousies, creepy sociopath hanger-on,
mysoginist, fake cowboy, ex con , leaves home for days to gamble and harass women on dance floors, Chase Merritt makes me so dang mad. he's just pure trash. mOO
 
What possible reason could CM have had for acquiring checks and/or Joey’s accounting information? He was a hired contractor. Nothing more/nothing less. Not a best friend to Joey but an employee with an extreme dislike for Summer and a pathological gambler who murdered not only the hand that fed him but his wife and tiny children as well.



I don't know. Waiting to hear more from both sides on the matter. Just know CM admitted to it back in 2011 based on the linked article.
 
I hope this link is okay to post...

State of California VS Charles Ray Merritt: Part One - Transcript of Charles Merritt Preliminary

It has the preliminary hearing transcripts from 2015, the link is to part 1, if you look on the right side, you will see the links to 2-5. I have not completely read it all and some I read quickly so will hopefully have some time to read it again before next week. I was looking for any mention of a knife, and I have still not been able to find it!

This past weeks testimony, we heard a lot about dates and who called who when, I notice that there is some talk about that in the preliminary hearing as well.

Here are a few things that stood out to me, from the testimony of Edward Bachman, a detective with the San Bernadino County Sheriff's Dept:

4 A Michael actually talked to his father, Patrick, who was
5 alerted of the missing family by Joseph's business partner,
6 Charles Chase Merritt.
7 Q Was that on February 8th of 2010?
8 A Yes, sir.
9 Q Did Michael indicate to you the last time he had actually
10 spoken to Joseph was about February 4th of 2010?​

Wasn't it DK that called Patrick?

23 Q Did Michael tell you that he attempted to contact
24 Mr. Merritt after being alerted to the concerns by their father,
25 Patrick?
26 A Yes.
27 Q And how did, having not met Mr. Merritt before, how did
28 Michael contact the defendant?
36
1 A I believe Michael actually got a call from Merritt.
2 Merritt contacted him out of the blue and was trying to find
3 Joseph. Which prompted Mike to start looking into it, also.
From testimony this past week, the above is not true. Merritt contacted SB first.

11 Q (By Mr. Imes) Can you tell us, what did Michael tell you
12 transpired when he met with the defendant at Joseph Sr.'s,
13 residence on the 13th of February, 2010?
14 A So, on that date, it was a Saturday. They had checked
15 all around the house to see if they could find anyone inside --
16 or find any way inside. Michael said that Mr. Merritt located a
17 back window that was unsecured, unlocked. And told Michael
18 where he located the window. Michael ultimately wanted to get
19 inside to see if anyone was inside, or try to find any type of
20 contact information for Joseph, Sr., and Summer. So, he opened
21 the window and ended up climbing inside.
22 Q Did the defendant go in?
23 A No.
24 Q Did he, Michael, indicate if there was a reason why the
25 defendant didn't go in?
26 A He said because Mr. Merritt had a criminal past --
27 MR. TERRELL: Objection. Irrelevant, your Honor.
28 THE COURT: Sustained.​

So here is where Mike says CM didn't go it. This is information obtained in 2013. But then right afterwards, the officer says this:

13 Q What did Michael indicate to you he did when he did enter
14 the Joseph, Sr., family home?
15 A He said that he ended up, I believe, going around to the
16 front door. He opened the front door, and Mr. Merritt came
17 inside with him. Michael started looking around the house to
18 see if he could find any type of contact information.
19 Michael knew that Summer's family, or Summer's mom lived
20 in Big Bear, so he was trying to find any kind of contact phone
21 numbers or information he could to try and track down where the
22 family was at. He still believed that the family had just gone
23 on vacation.
24 Q Did Michael indicate to you that he observed what he
25 thought was unusual behavior by the defendant while in the house
26 on February 13th?
27 A Yes.
28 Q What was that behavior he observed?
39
1 A Just that he didn't want to walk around the house. He
2 wanted to basically stay sequestered in the lower portion while
3 Michael was looking around.​

So he did go in! lol I had to re-read this a few times because even this past week, the prosecution had Mike testify and they went into great detail to show that CM did NOT go into the house that day.

The above is just from part 1... I read more interesting things which I will share as I keep reading :)

I understand that SBSD didn't come into this until the bodies were found; however, it doesn't appear to me that they used early reports to base things off of and instead used Mike's 2013 recollection. For example, Mike saying CM didn't go in the house on the 13th. It was shown in testimony this week that Mike in his first interview on Feb 15/10 said that CM DID go into the house and that Mike let him in through the sliding glass doors. I don't know if this shows "confirmation bias" with the SBSD, which is what CM's defense is saying, or if it shows "confirmation bias" on Mike's part? It was almost 4 years after they went missing, I am almost sure that the McStay's had their own theories about what happened and who could have done it by this time. IMO I don't know if it will make a difference with the jury, but reading the above stood out to me only because of the testimony we heard this week and I thought I would share :)
 
FWIW, DK was cleared many years ago as his alibi was corroborated and he was indeed in fact in Hawaii. IIRC, he contacted the McStay family either shortly upon his return to the mainland or immediately before (maybe both!) because he wasn't able to reach Joey via phone or text. He was legitimately concerned about the family!
All of the McStays were bludgeoned to death with the sledgehammer. You don’t discard a knife when a sledgehammer was the murder weapon. If a knife was found it was planted and has zero bearing on these crimes. Possibly it may have been an afterthought to create doubt or cast blame; a red herring if you will.
Initially, Chase Merritt told detectives that if he were ever to murder someone it would be DK. The same disparaging type comments he made regarding Summer and what a ***** she was in his opinion. All while referring to the McStays in the past tense.
CM forged checks, back dated them and tried to delete the accounting records and even went so far as to call the bank pretending to be Joey and requesting all of the accounting info be deleted.
DK had zero to do with this and I look forward to his name being cleared. The McStay Family and Friends have suffered immeasurably at the hands of CM. Please do not be fooled by the Defense’s antics and wait patiently because justice will come. It is horrific what the family has had to endure thus far in the trial and DK is another innocent victim regardless of what they try to sell to you and the jury. IMHO
My understanding is DK's trip to Hawaii has not been corroborated if you know otherwise please disclose your source.
 
CM is such trash he's just so low down. Gambling money problems, piddly checks, small time scamming and stealing from your jobs, petty jealousies, creepy sociopath hanger-on,
mysoginist, fake cowboy, ex con , leaves home for days to gamble and harass women on dance floors, Chase Merritt makes me so dang mad. he's just pure trash. mOO
I'm sure the prosecution would love to have you seated on jury.
 
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