CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #13

[oceanblueeyes]

So did CM "remember" the incoming call after MM asks him about it? To me, that is hinky. Per the Merritt household, this missed call was a big deal. They even debated on call the cops to report the McStays missing on the weekend of the Feb 6-7. Why didn't me mention the call at the clubhouse meeting. Did he mention the call to the secretary at MSM that following Monday?

Let me take a guess at the answers. Lol!

NO, NO, AND NO!

 

[mrjitty]

However, I don't think the phone logs seemed important to anyone until after the bodies were found, and that was several years after the family disappeared. imho

His business partner was mysteriously vanished.

Why would the device call log of your last message from him not be absolutely crucial?

I can't imagine being in a sit down with law enforcement and not telling them about this.

 

[travelbug]

I'm not so sure that would have saved him from being arrested, and charged for their murders though.

He has a lot more evidence against him that just the supposed phone call.

There is no way to know if it was Joey who really called. IMO, CM destroyed both Joey and Summer's phones.

I'm sure we have all seen cases where the suspect used the victims cell phones trying to pretend the victims were still alive at the time, even though the murderer had already killed them.

I think this is the same set of circumstances in this case as well. The same old trickaroo often used by many murderers nowadays.

Imo

BBM Those of you who are still confused about the phone calls really need to watch the expert testimony. @missy1974 had also posted a detailed report. Up to this point in the trial there has been no evidence that places Chase in Fallbrook at the time of Joey's last call (which expert testimony states originated in Fallbrook). It's time to focus on the evidence that hasn't been refuted by expert testimony. Because that is what the jury will hear. We may or may not like it, but that is where we're at.

 

[Mony Mony]

BBM Those of you who are still confused about the phone calls really need to watch the expert testimony. @missy1974 had also posted a detailed report. Up to this point in the trial there has been no evidence that places Chase in Fallbrook at the time of Joey's last call (which expert testimony states originated in Fallbrook). It's time to focus on the evidence that hasn't been refuted by expert testimony. Because that is what the jury will hear. We may or may not like it, but that is where we're at.

IMO, the QB activity places him at the home in Fallbrook on the night of the murder. The tiny Fruedian slip that CM last talked to JM when he was standing at his desk places him in the home at the time of the murder.

We do not have any evidence that places CM at home on the night of the 4th. Per CJs bugged phone call, the missed call came in on a Friday, which records confirm.

 

[oceanblueeyes]

I was not being entirely serious

But if he had the device call log, it would at least prove the defence contention about calls not always logging in the billing record.

Of course he doesn't have the device log because his phone was off.

I had a feeling it was your wonderful dry humor or one of your tongue in cheek posts . Lol!

I imagine we are in store to hear a lot of gobbligook from the defense phone experts.

Ya know the old drill of, ' it could have happened, it might have happened, but, imo, not one dab of real proof it DID happen just like the CM family said. That's the way it usually goes. Lol!

I expect the state to ask them point blank on cross examination if they have irrefutable proof the call did come, and was displayed or are they merely speculating about this one mysterious last call from Joey and simply saying it might have happened..

It will be interesting what the experts are willing to admit once under cross by the state. That's usually when the jury weighs their credibility imo.

 

[Trudie]

dbm
Sorry!

 

[oceanblueeyes]

BBM Those of you who are still confused about the phone calls really need to watch the expert testimony. @missy1974 had also posted a detailed report. Up to this point in the trial there has been no evidence that places Chase in Fallbrook at the time of Joey's last call (which expert testimony states originated in Fallbrook). It's time to focus on the evidence that hasn't been refuted by expert testimony. Because that is what the jury will hear. We may or may not like it, but that is where we're at.

I respectfully disagree.

 

[Karinna]

Trying to catch up....
Did the suspect date daughter of victim?

Umm, there are 4 victims in this case. Joseph McStay, Summer McStay and their two little boys Joseph jr. and Gianni.

 

[mrjitty]

BBM Those of you who are still confused about the phone calls really need to watch the expert testimony. @missy1974 had also posted a detailed report. Up to this point in the trial there has been no evidence that places Chase in Fallbrook at the time of Joey's last call (which expert testimony states originated in Fallbrook). It's time to focus on the evidence that hasn't been refuted by expert testimony. Because that is what the jury will hear. We may or may not like it, but that is where we're at.

I don't get your point here.

There never has been direct evidence which places Chase in Fallbrook

It is an inference based on

1. The collapse of his alibi
2. The video evidence
3. The QB evidence
4. His phone being dark during the most likely murder window

 

[Mony Mony]

Trying to catch up....
Did the suspect date daughter of victim?

Not sure you are on the right thread. The victims were husband and wife and their two very young boys.

 

[oceanblueeyes]

IMO, the QB activity places him at the home in Fallbrook on the night of the murder. The tiny Fruedian slip that CM last talked to JM when he was standing at his desk places him in the home at the time of the murder.

We do not have any evidence that places CM at home on the night of the 4th. Per CJs bugged phone call, the missed call came in on a Friday, which records confirm.

Absolutely.

Even the presiding judge who has heard every bit of the evidence concluded there is a wealth of evidence pointing to CM as the murderer.

I believe he listed some of the facts you have listed Mony, and much more.

 

[travelbug]

His business partner was mysteriously vanished.

Why would the device call log of your last message from him not be absolutely crucial?

I can't imagine being in a sit down with law enforcement and not telling them about this.

BBM
1. The time of Joey's last call has been known since shortly after the disappearance.
2. Chase allowed Dugal full access to his phone and Dugal claimed there was no crime and no probable cause that would allow him to pursue further records.
3. It was considered, by LE, and family to be a voluntary missing.
4. This recap from the testimony from Dugal says it all:
Detective testifies he found no evidence that McStay family was killed at home
..."Dugal said he decided to seek a search warrant to enter the home — he had no legal right to be there without one — and that he told the McStays’ extended family members not to disturb the house.
He also said he did not give Joseph McStay’s mother permission to clean the home — she had gone in and tossed out old food and other items— before detectives could do a thorough search.
“She called me while she was in the house, while she was cleaning,” Dugal testified during cross-examination by Merritt’s attorneys. “I told her to stop it.”
Authorities initially suspected the family had traveled into Mexico after their car was found near San Ysidro and the case was transferred to the FBI in early 2013."...

Tricia has told us we need to stop reposting the same things repeatedly. So, because I want the thread to stay open I won't repeat this information. I know @missy1974 and @Tortoise have also posted the testimony of Dugal.

 

[oceanblueeyes]

Mony, I agree, that was a big blunder CM let slip out.

How would he have any idea where Joey was when he was inside his own home, and CM supposedly not there?

For all he would know Joey could have been anywhere sitting, standing, or doing cartwheels or back flips at the time.

The only way CM knew for sure is because he was also in Joey's office at the very same time.

Imo

 

[travelbug]

IMO, the QB activity places him at the home in Fallbrook on the night of the murder. The tiny Fruedian slip that CM last talked to JM when he was standing at his desk places him in the home at the time of the murder.

We do not have any evidence that places CM at home on the night of the 4th. Per CJs bugged phone call, the missed call came in on a Friday, which records confirm.

@missy1974 has posted the the expert testimony that refutes these statements. Perhaps she will respost them for us later.

 

[Niner]

Sorry - late getting back in here - I see you were discussing this:

So then in court during her cross-examination they brought this up and they showed her Chase's phone records from the previous Friday (Jan 29th) and there is a call from Joseph at around 9 pm that he didn't answer.

and from the timeline on January 29th:

6:07pm – incoming call from CM 11 min
7:35pm – incoming text from Summer
7:55pm – incoming text from Summer
8:58pm – incoming text from Summer
9:13pm to 9:18pm calls between Joey and Allen
9:27pm – call to CM 1 min

 

[Tortoise]

Sorry - late getting back in here - I see you were discussing this:



and from the timeline on Feb. 29th:

6:07pm – incoming call from CM 11 min
7:35pm – incoming text from Summer
7:55pm – incoming text from Summer
8:58pm – incoming text from Summer
9:13pm to 9:18pm calls between Joey and Allen
9:27pm – call to CM 1 min

Thanks Niner. That should read Jan 29th.

I think this also highlights the difference between Joey's and Chase's different phone companies' records, where it states call duration on Joey's phone of 1 min, it states duration of 0 min on Chase's records. I think this must be because it was less than a minute and T-Mobile rounds it up to the next minute.

We also saw that with the 5.48 call which lasted 2 min 38 secs and was shown as 3 mins on Joey's records.

The T-Mobile records witness didn't appear to know this.

JMO

 

[KALI]

Is there court today?

 

[Niner]

Thanks Niner. That should read Jan 29th.

Whew.... caught it in time to change it! Thanks!

Is there court today?

yes - there is supposed to be court today. I see it is already about 10:30am PT.

I have a note in my stuff saying early finish.

 

[missy1974]

Chase stated that he or CJ saw the call come in and did not answer it. So the missed log must have been on his phone according to his own statements. According to defence witness at trial the caller display was Joey.

So where is the log?

Call me old fashioned but surely you would retain this one key piece of evidence that cleared you of any involvement?

What I am asking though is when did they say it? In 2010 or 2013 or 14? I'm still not clear on this. And if cathy said it back in 2010, why would she think it wouldn't be on the call records and would need to keep proof?

 

[missy1974]

Actually, the first person to mention it was MM. He said he checked with Chase after noticing the call on Joey's phone records and that was when Chase mentioned that he just heard noise in the background (kids or restaurant sounds). Early on we, on the boards, wondered if it had been a "butt dial" (accidental call when sitting down).

I wish they had asked Mike about that. Jmo