CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17

[Karinna]

If you listen to SB's testimony she explains the money side of things, and how much she had given CM to keep the business afloat. She gave him around $15, 000 in total.
McStay Trial Day 31 Part 1 Susan Blake Called by Defense 03/18/19

 

[Karinna]

I think this is the post she's talking about:

CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17

Thanks geevee.

 

[Karinna]

Thanks, i thought it was something from an attorney, LOL.
I found what the poster wrote there a little confusing and wasn't really sure what it all meant in regards to DK.

 

[Frankie Hellis]

Apart from the one on trial for murder, my understanding is that SB, had control of her son's business and was keeping it afloat in Joseph's absence. She gave DK permission on the PayPal account as per info. i posted upthread, but she didn't give CM permission on the money side of things. Who were all the "others" that were tapping into the money?

It’s been stated that account had somewhere around 100k in it. What became of it all?

It is my opinion that Joey’s life included several people who wanted some of his money, DK included. After the family disappeared, people were taking amounts here and there for various reasons.

 

[travelbug]

Thanks, i thought it was something from an attorney, LOL.
I found what the poster wrote there a little confusing and wasn't really sure what it all meant in regards to DK.

I think it is pretty clear. Those were PM's words regarding the sale of EIP by DK. Of particular note is the date, it was a couple of years prior to the discovery of the graves. ..."He spoke directly with Patrick Malloy around July/August 2011 about the sale of EIP by DK to Water Feature Supply. The 100K was from that conversation and that was what DK received for the sale."...

 

[Karinna]

It’s been stated that account had somewhere around 100k in it. What became of it all?

It is my opinion that Joey’s life included several people who wanted some of his money, DK included. After the family disappeared, people were taking amounts here and there for various reasons.

Yes it has been stated that the McStay family had around $100,000 untouched in their account at the time they went missing. I would think if JM had a will it would of named a beneficiary if anything should happen to him? I'm not sure with what happened in that regard initially with the family using money to keep the business going?
That has never been discussed as to the legalities concerning the issue and was a private matter only the family know. To my knowledge anyway.

 

[Karinna]

I think it is pretty clear. Those were PM's words regarding the sale of EIP by DK. Of particular note is the date, it was a couple of years prior to the discovery of the graves. ..."He spoke directly with Patrick Malloy around July/August 2011 about the sale of EIP by DK to Water Feature Supply. The 100K was from that conversation and that was what DK received for the sale."...

But if the issue was not settled with litigation against DK, i am still not clear if DK had the rights to any money on it? Has this been an issue discussed at the Trial?

 

[Niner]

Edited to add: Not sure if jurors are in today....

Wednesday, April 24th:
*Motions Hearing (Trial continues) (Day none) (@ 9:30am PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt (57/now 60) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance; plead not guilty. DP case.
Trial started 1/7/19. Dark on all Fridays. 8 women & 4 men (alternates include 4 men & 2 women).
Trial Days (1-43: (1/17/19 thru 4/22/19) reference post #315 here:
CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17
4/23/19 Day 44: Defense witnesses: Randall Beasley, forensic consultant on cross. Gregg Stutchman, owner of Stutchman Forensic Labs (specialize in the forensic analysis & enhancement of recorded evidence). Motions hearing on 4/24, jurors back on 4/25.
Tentative Schedule for week of April 22nd thru 26th: Court with jurors on April 22 (Monday) and April 23 (Tuesday). On April 24 (Wednesday) - Motion hearing: Quash SDT-Google/Microsoft (Microsoft Corp. Motion To Quash Defendants Subpoena Duces Tecum). Court with jurors on April 25 (Thursday). Dark on April 26 (Friday).

 

[mrjitty]

I'm just going by what you stated.

Yes - it is my belief that the executors of Joey's estate would have a legal claim against DK to account for the proceeds of sale or at least a share of them.

That is not the same legal person as "the family"

Whether or not the executors ever pursued such a claim I don't know. What i do know is that managing Joey's affairs with him missing for years would have been very difficult, and I certainly don't believe that we can leap to the conclusion that selling off the business was fraudulent.

 

[katydid23]

Nice try, but your statement lacks evidence. There have been no charges for fraud or theft made against CM as relates to JM or EIP. The actions of DK, however, were documented and occurred as soon as the family disappeared. They were not the actions of someone who (as was stated in the post I was responding to) was trying to help the family keep the business afloat. jmho

How would there be charges for fraud and theft? Joey was killed before he was able to report anything.

Just because Joey was successfully taken out before he could report the crimes, it doesn't mean the theft and fraud didn't happen.

 

[mrjitty]

My impression of the blood spatter expert -

Defense: Did you see any evidence of a cake baking in the oven?

Witness: Well I'll just show the jury how to make a sultana cake. And this is how you make a chocolate cake. And this is my recipe for a lemon cake. Sorry about the mess on your carpet judge! We didn't see any of these in the oven so to answer your question, there was no cake in the oven.

Agreed.

I am a bit surprised such tomfoolery was allowed. It's all very well explaining how spatter and cast off occurs, but the expert makes wild assumptions - implying a Dexter Style blood bath which is not the evidence in the case.

 

[mrjitty]

Well, they were for a time.

Yes - SB testified that DK & Chase were trying to save the business and this is also why she have significant money to Chase. So i think it is fair to say they were involved for a time.

But you know this stuff better than me!

 

[mrjitty]

I won't engage in conjecture or legal rights regarding the manner in which DK disposed of Joey's business. The person most competent to discuss that matter is PM. There was a recent post from his representative regarding this matter. As far as my personal opinion is concerned it's clear that DK was not a hero, as far as saving EIP was concerned, he was a complete and utter zero. imho

To be clear, I wasn't trying to paint DK as a "hero"

I prefaced my comments by saying he and Chase seemed to be too quick to help themselves to Joey's money.

Instead I explained why posters might need a cold shower before jumping straight in to the fraud/theft pool.

We are talking about a distressed business, and criminal intent would have to be proved beyond reasonable doubt. So we'd need detailed evidence of what monies were taken and what they were used for. Also EIP just lost it's only full time worker - and so presumably that meant the others had to do far more work that before. So intent to deprive might be hard to prove against a defence of an intention to try to save the business - IMO

It's the same reason I believe Chase conned SB out of $15K but I think you'd have a hard job proving a crime, unless for example, you could show he straight up went gambling with the money

This is all not to say that illegalities did happen.

e.g. did the business continue to trade while insolvent? Does Joey's estate have a claim against DK to account? Both likely IMO

 

[mrjitty]

Cheers for this

So the trouble with the "80K liabilities" stuff is the defence didn't manage to establish this in testimony

The defence witness was very clear that the consideration was simply $20K cash plus 20% net future earnings (not quantified)

As is fairly typical, the buyer also assumed responsibility for the liabilities of the business. In other words you take over not just the physical business, but also all the relationships, sales book, creditors and debtors etc.

As usual, there was a schedule which itemised this.

A different clause also meant the purchaser assumed responsibility for 2 specific lawsuits.

The defence tried to get the lawyer to give a number for the liabilities, or the total estimated consideration - but this called for hearsay evidence. This is because the lawyer merely executed on a deal sheet from his client. He did not do any due diligence. So the correct witness needed to be the client to say what the liabilities were, and talk about taking over liability on the law suits.

As a pure speculation, I would guess the liabilities included significant creditors of EIP that DK had run up. So this might be a mix of customer orders, credit, supplier etc. But he might have been personally on the hook for a lot of this stuff.

tldr:

1. DK didn't "receive 100K" - it was 20K cash
2. The buyer took on significant liabilities of the business

The defence really needs to call the correct witness on this stuff!

 

[mrjitty]

Yes it has been stated that the McStay family had around $100,000 untouched in their account at the time they went missing. I would think if JM had a will it would of named a beneficiary if anything should happen to him? I'm not sure with what happened in that regard initially with the family using money to keep the business going?
That has never been discussed as to the legalities concerning the issue and was a private matter only the family know. To my knowledge anyway.

Was that his personal account or the EIP account?

It's likely the money just sat there as there was no way to access it?

My guess is Paypal was connected to credit cards?

When Joey was finally confirmed dead, the money would have gone into his estate I guess.

It's a good example of why you should give a power of attorney to a highly trusted associate. Might have prevented stupid results like the house foreclosure and DK and Chase looting everything ...

 

[Tortoise]

I missed some of it, was the red brown spatter on all of the legs, or just two?

Two shown in the photograph.

 

[UndiscoveredTruth]

Two shown in the photograph.

@geevee

 

[Tortoise]

Edited to add: Not sure if jurors are in today....

Wednesday, April 24th:
*Motions Hearing (Trial continues) (Day none) (@ 9:30am PT) - CA - McStay Family: Joseph (40), Summer (43), Gianni (4) & Joey Jr (3) (Feb. 4, 2010, Fallbrook; found Nov. 11, 2013) - *Charles "Chase" Ray Merritt (57/now 60) arrested (11/5/14) & indicted (11/7/14) of 4 counts of murder with special circumstance; plead not guilty. DP case.
Trial started 1/7/19. Dark on all Fridays. 8 women & 4 men (alternates include 4 men & 2 women).
Trial Days (1-43: (1/17/19 thru 4/22/19) reference post #315 here:
CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #17
4/23/19 Day 44: Defense witnesses: Randall Beasley, forensic consultant on cross. Gregg Stutchman, owner of Stutchman Forensic Labs (specialize in the forensic analysis & enhancement of recorded evidence). Motions hearing on 4/24, jurors back on 4/25.
Tentative Schedule for week of April 22nd thru 26th: Court with jurors on April 22 (Monday) and April 23 (Tuesday). On April 24 (Wednesday) - Motion hearing: Quash SDT-Google/Microsoft (Microsoft Corp. Motion To Quash Defendants Subpoena Duces Tecum). Court with jurors on April 25 (Thursday). Dark on April 26 (Friday).

Niner his name is spelt Randolph Beasley - I know L&C have been misspelling it as Randall.

Jurors are in today.

 

[Niner]

Thank you Tortoise = I shall correct my description!

 

[mrjitty]

@geevee

So do we know if the other two legs are clean?

It would be fascinating to know if the "spatter" goes higher up the legs or whether there was a shadow effect from the table top

Dugal Dugal Dugal