CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #16

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So why is it more likely that "anyone else" did it than DK himself?

Why isn't it likely? Do you know who shared the computer with him? Do you think the people he lived with might have been curious about the friend and business associate Dan knew who was murdered? Or maybe he was interested in if his friend's murderer had been found?
I've done Google searches of friends who have gone missing or murdered, followed their cases, what's the big deal?

The key word, is "more".
 
We don't "KNOW' that. "MORE" is an assumption. It assumes "high probability".
We don't know who had access to that computer, but it does include anyone who lived or visited him at his domicile.

"More" is a comparative form, so it assumes "higher probability". So why assume a higher probability that someone other than DK himself did those searches about the McStay family on DK's computer?
 
JM to CM on Jan. 3, 2010:
"Word up....n happy new year....I truly hope its a very. Very good year for us..."

Wonder how DK is feeling when he learned this from the testimony--or possibly he had been able to see that before the family disappeared.
 
"More" is a comparative form, so it assumes "higher probability". So why assume a higher probability that someone other than DK himself did those searches about the McStay family on DK's computer?
If the DT have a case to prove against DK then they better prove it BARD to the jury and the court. Otherwise they are just throwing stuff at the wall hoping it sticks, IMO.
 
I think it's quite possible DK made the searches regarding the McStays but I don't find anything strange or nefarious about it. In fact it would be strange if there were no searches done by DK considering their relationship.
Yes, I don't see what the problem is, either. Is he denying he searched for information about the murder?
CM claimed to write a book about the murders.
What is so strange about reading about it on line?
 
"More" is a comparative form, so it assumes "higher probability". So why assume a higher probability that someone other than DK himself did those searches about the McStay family on DK's computer?
Again "ASSUMPTION".
The key word, is "more".
Responding to THAT. "A greater or additional amount or degree". There is no basis in fact.
 
If the DT have a case to prove against DK then they better prove it BARD to the jury and the court. Otherwise they are just throwing stuff at the wall hoping it sticks, IMO.

That's not their job. Their job is to prove there is a reasonable doubt in the charges against CM, which is exactly what they've been doing.

Yes, I don't see what the problem is, either. Is he denying he searched for information about the murder?
CM claimed to write a book about the murders.
What is so strange about reading about it on line?

What's so strange about Chase taking pictures at the grave site, esp. since he was writing a book about the case.

Again "ASSUMPTION".

Responding to THAT. "A greater or additional amount or degree". There is no basis in fact.

There is a reason for the assumption; what is the reason?
 
That's not their job. Their job is to prove there is a reasonable doubt in the charges against CM, which is exactly what they've been doing.



What's so strange about Chase taking pictures at the grave site, esp. since he was writing a book about the case.



There is a reason for the assumption; what is the reason?
Was that book CM was writing ever handed over to investigators as promised?
 
This was mentioned earlier that a file shown today showed the last access was on Feb 5th at 6:57pm. I grabbed a snip, which is the first snip, and it seems to be consistent with the one that Schroeder changed his mind during cross and said it was a system access, the second snip(most likely a scan). Schroeder's testimony about that can be found on Day 18 Part 2 also some in part 1 and I think Day 17 on direct, but part 2 is after he reviews a report.

In a nutshell... it was more than likely just part of that system scan. IMO

ETA: both were on Device 5 HP media centre.
 

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This was mentioned earlier that a file shown today showed the last access was on Feb 5th at 6:57pm. I grabbed a snip, which is the first snip, and it seems to be consistent with the one that Schroeder changed his mind during cross and said it was a system access, the second snip(most likely a scan). Schroeder's testimony about that can be found on Day 18 Part 2 also some in part 1 and I think Day 17 on direct, but part 2 is after he reviews a report.

In a nutshell... it was more than likely just part of that system scan. IMO

ETA: both were on Device 5 HP media centre.

I can believe the files talked about earlier in the state's case (several accessed within seconds of each other after 2:00 a.m. (on Feb 8th?) were from a scan, many computers have scan default time set at 2:00 or 3:00 in the morning and will run if the computer is left on.

I have a bit of doubt that a scan would be set to run just before 7:00 in the evening, when the owner is more likely to be home and apt to need the computer for business, entertainment, etc. That could also have been checked, whatever on board security programs are installed or Windows maintenance will all have an area for auto scan times that can be verified.
 
Was that book CM was writing ever handed over to investigators as promised?

I would like to know, too.

From what I remember all the investigators found concerning the book were notes containing several quotes about remorse, forgiveness, and murder.

Source? Without knowing the source, as Imes will say: "Hearsay!"
 
I would like to know, too.



Source? Without knowing the source, as Imes will say: "Hearsay!"
(quote)
A Fallbrook man charged with murder in the killing of his business partner and the partner's family owed $30,000 to the victim, who planned to fire him, authorities said in court records released Wednesday.

The newly unsealed documents show San Bernardino County Sheriff's investigators learned that victim Joseph McStay lent defendant Charles "Chase" Merritt money to cover a gambling debt before McStay and his family disappeared in February 2010.

A third business associate, Daniel Kavanaugh, also told investigators that McStay, who owned a water features business, was planning to fire Merritt, authorities said in 305 pages of search warrants and affidavits filed in the case.

Investigators also found quotes "to do with remorse, forgiveness and murder" while serving a search warrant at Merritt's home in October 2014, the documents show. The papers don't detail what the quotes were.

Authorities Say Fallbrook Murder Suspect Owed Victim Money
 
I can believe the files talked about earlier in the state's case (several accessed within seconds of each other after 2:00 a.m. (on Feb 8th?) were from a scan, many computers have scan default time set at 2:00 or 3:00 in the morning and will run if the computer is left on.

I have a bit of doubt that a scan would be set to run just before 7:00 in the evening, when the owner is more likely to be home and apt to need the computer for business, entertainment, etc. That could also have been checked, whatever on board security programs are installed or Windows maintenance will all have an area for auto scan times that can be verified.

The one's from the 5th were a scan IMO, even the State's witness said that after he was given more info. The difference between the 5th and the 8th is that on the 5th thousands of files were accessed, on the 8th, it was limited to those 6 or so files and then it was shut down by the user almost 2 hours later.

I have a scan at 6pm on Wednesdays on mine LOL Based on these times, I wouldn't be surprised if it was 6pm for the scan on the Device 5 as well. In testimony today, La Rock said device 5, the HP, was factory reset on January 23rd, so it's possible that whatever the scan was it reset to default time and they just didn't change it yet. JMO Mine has been set for 6pm since I got the computer, I have never changed it.
 
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