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

[Texas Red]

I don't think the judge ruled it out but I could be wrong.

I read an article in a SB newspaper that said the judge ruled it wouldn't be allowed but maybe that has now changed.

 

[missy1974]

Thanks Bernina, but my problem is that I don't see any evidence of these Paypal payments, do you have a link to Joey's Paypal statements? I thought the reason Chase didn't finish the Provecho fountain was because Provecho didn't pay the balance.

The company had paid the first 50%, which was $14,480, in 2 instalments. They did not pay the remaining balance and did a chargeback instead.

 

[missy1974]

Why would he forward anything to CM's email address?

Because at that time, they were 'working together'? They also took payment from companies like Geis construction. Someone had access to Joey's email, whether it was Mikey or Dan or Chase or whoever IMO

 

[travelbug]

Why would he forward anything to CM's email address?

As I recall DK has been stated as saying he was concerned about why Joey's email was piling up and not being answered. DK was overseeing the internet orders. The the first step I would take in attempting to keep business operations up to speed and mitigating this problem would be to determine who had the necessary information to respond to the various emails. I would expect that DK would send copies of the Custom Fountain emails to CM or SMS, send miscellaneous and financial copies to SB and handle the drop-ship orders himself.

 

[missy1974]

I read an article in a SB newspaper that said the judge ruled it wouldn't be allowed but maybe that has now changed.

In rulings Dec. 19, Smith said he would allow jurors to hear the testimony of a woman who said she had been Kavanaugh’s girlfriend and claimed Kavanaugh had confessed to the McStay slayings to her. Rodriguez told Smith “there are severe credibility issues” with the woman.

Jurors will hear tape of McStay murder defendant being quizzed by detectives – Press Enterprise

 

[missy1974]

He tells the Investigators when he brings out the balance sheet of who owes what.
He also "reminds" Cathy in the jail house recording.

The rest is from another source and I imagine that the prosecutors do have it.

I guess what I'm having troubles with is the fact that it was Joey's business that was stiffed. If Chase bought, made, and installed the majority of the fountain(85% of it apparently) and the remaining didn't get done because full payment was not received, why should Chase have to pay him back? Even if he agreed to it... why would he? It doesn't make a lot of sense to me. JMO

 

[missy1974]

A week? I wish it was only a week. Next week they have a half a day all week (I think). I got to thinking about how the defense said they didn’t have their witnesses ready. The judge replied with, “I understand you can’t have all your witnesses lined up outside the courtroom.” Anyway, I was thinking that the defense knew the state was going to rest about a week ahead of time. That lead me to speculate the defense team may be stalling on purpose.

No matter the reason for this delay, this trial is a disgrace and I feel badly for the family. The ridiculous burden placed upon them and the jurors, the jurors’ families and employers - all because of the antics of this judge (IMO) is unforgivable.

I do believe that not all of this delay is about defense witnesses, it's partially the reason but jurors and also the attorney's (not sure if defense or prosecution or both) also have other commitments. IIRC even MM wasn't available until the 28th.

I do agree though that the judge seems to be to lenient on these delay's, but I imagine there are some that just cannot be avoided.

 

[Texas Red]

In rulings Dec. 19, Smith said he would allow jurors to hear the testimony of a woman who said she had been Kavanaugh’s girlfriend and claimed Kavanaugh had confessed to the McStay slayings to her. Rodriguez told Smith “there are severe credibility issues” with the woman.

Jurors will hear tape of McStay murder defendant being quizzed by detectives – Press Enterprise

Thanks missy for clarifying, I went backed and searched for the ruling I remember seeing here it is, apparently the judge ruled against allowing DK's threat to JM to be heard by the jury.
Defense attorney claims another business associate of Joseph McStay was complicit in killing family – San Bernardino Sun

 

[InspectorGadget]

How do we know it wasn't DK? DK was concerned because emails were piling up and Joey wasn't answering them... how did DK know that on Feb 9th or 10th if he didn't have access to his emails?

DK may have been referring to the EIP email account, which is a different one. The josephmcstay69@hotmail.com may have been only for Paypal or financial info.

 

[Frankie Hellis]

I guess what I'm having troubles with is the fact that it was Joey's business that was stiffed. If Chase bought, made, and installed the majority of the fountain(85% of it apparently) and the remaining didn't get done because full payment was not received, why should Chase have to pay him back? Even if he agreed to it... why would he? It doesn't make a lot of sense to me. JMO

Because they essentially received nothing for the job. If Chase had money over and above what he paid for materials, he should have given that back to Joey. Maybe he should have even agreed to split the loss of the materials with JM.

 

[Funky funky]

Ok so I’m confused. Did the interior designer from the Provecho job get to keep the fountain and a refund?? That’s just shocking if so, I thought in those cases you can ask PayPal for return of the item?

 

[missy1974]

Because they essentially received nothing for the job. If Chase had money over and above what he paid for materials, he should have given that back to Joey. Maybe he should have even agreed to split the loss of the materials with JM.

So if the same thing happened with a fountain made by Metro Sheet Metal, they made a fountain, it was installed and then whatever company did a chargeback later, do you think Joey would have required MSM to pay him back? And do you think that would have been the correct thing to do?

 

[InspectorGadget]

Because they essentially received nothing for the job. If Chase had money over and above what he paid for materials, he should have given that back to Joey. Maybe he should have even agreed to split the loss of the materials with JM.

Between the two of them they seemed to be keeping running totals because Chase needed to buy materials and get paid, but Joey didn't settle up till he actually got the payment of the balances, so sometimes Chase owed Joey and sometimes Joey owed Chase, but unfortunately in the email we saw in evidence, the totals could be interpreted either way.

 

[missy1974]

Ok so I’m confused. Did the interior designer from the Provecho job get to keep the fountain and a refund?? That’s just shocking if so, I thought in those cases you can ask PayPal for return of the item?

Very good point Funky funky! I'm just going to take a guess... but no, I doubt it was returned since there is a photo of it...

Provecho Restaurant photos

 

[Force Ten]

How do we know it wasn't DK? DK was concerned because emails were piling up and Joey wasn't answering them... how did DK know that on Feb 9th or 10th if he didn't have access to his emails?

Dan had access to the EIP emails, not Joseph's personal emails.

 

[Funky funky]

Chase should of paid Joey back it’s as simple as that as it was his attitude and work shy attitude that lost them the job.

The failure of the job is on him which is what Laurel was telling Joey who for some reason took Chase’s side. So Joey ended up losing out twice but that was on him as he should of listened to what the customer was telling him.

His blind faith in Chase is why his family were brutally murdered. So many signs that things were not as they should of been but Joey obviously didn’t want to hear it unfortunately.

I seriously don’t get the Chase and Joey dynamic at all. It’s such a weird working relationship.

I think Laurel has some blame in this too though. The fountain was 85% installed and she did seem to be reluctant to pay and even opted out of cheque payment so she could be covered by PayPal. She got to keep the fountain so I assume it was fully operational on the restaurant, she could've asked for a partial refund for the shoddy work. I feel so bad for Joey being scammed like that.

 

[mom2chloe]

Ok so I’m confused. Did the interior designer from the Provecho job get to keep the fountain and a refund?? That’s just shocking if so, I thought in those cases you can ask PayPal for return of the item?

Who wants to pay to return a defective/sub par/ not as represented item? It apparently was inferior at best and lacked specifics the customer had repeatedly asked for to no avail.
When did Joey begin business via Paypal?Was this because of previous claims of faulty workmanship on the part of CM? Curious because I know lots of peeps who prefer Paypal and similar methods of payment with regard to quality assurance and refunds/deferment of payment for questionable merchandise and/or services.

IMHO the fact that CM mentions this P deal to CJ and suggests she find a picture of the waterfall to present to the jury as it’s the only way in and the fact that he backdated and deleted checks is proof positive that he is guilty. No wonder the defense is biding their time with off days. Ridiculous but in the DT’s defense they have no choice but to represent their client vigorously. Ugh

 

[Frankie Hellis]

So if the same thing happened with a fountain made by Metro Sheet Metal, they made a fountain, it was installed and then whatever company did a chargeback later, do you think Joey would have required MSM to pay him back? And do you think that would have been the correct thing to do?

Good question. I might, depending on the details. I think what tips the scales for me on this one is that Joey probably gave chase an advance for the materials and because he always needed money, he probably gave him the full 50% deposit he received. I guess I view Joey and Chase as more in it together than I do Joey and MSM. We know Joey was always paying for Chase’s life -ups, like when he never gave the checks to MSM or when he just needed money. Honestly I would think Chase would want to be man enough to give Joey back everything over the expenses for the materials. I guess that’s asking too much of someone who can’t be man enough to do much of anything.

 

[Force Ten]

I think Laurel has some blame in this too though. The fountain was 85% installed and she did seem to be reluctant to pay and even opted out of cheque payment so she could be covered by PayPal. She got to keep the fountain so I assume it was fully operational on the restaurant, she could've asked for a partial refund for the shoddy work. I feel so bad for Joey being scammed like that.

I agree but there's nothing to indicate the workmanship was shoddy. She was turned off by Chase and described him as rude and not very professional.

 

[Frankie Hellis]

I think Laurel has some blame in this too though. The fountain was 85% installed and she did seem to be reluctant to pay and even opted out of cheque payment so she could be covered by PayPal. She got to keep the fountain so I assume it was fully operational on the restaurant, she could've asked for a partial refund for the shoddy work. I feel so bad for Joey being scammed like that.

If I were Joey, I would have marched into that restaurant and dismantled the damn thing and taken it out of there.