CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #19

[missy1974]

Interesting. The few times I was able to observe it didn't seem that way, IMO.
But, let's face it. They are adversaries doing battle.
When all is said and done they may get together over a few beers.

haha I asked Cathy that once in chat... if they all got out for beers after... she said nope, absolutely not LOL That's when she was there in person that first few weeks.

 

[Mony Mony]

Lol, Rudin says he did not create a report, instead did a "white paper".

 

[citygirl]

haha I asked Cathy that once in chat... if they all got out for beers after... she said nope, absolutely not LOL That's when she was there in person that first few weeks.

So much for my psychic powers.

 

[Elliot_Alderson]

The reaction to the defense filing for a mistrial is comical LOL Especially before we don't even know what the argument is For anyone that would like to see Merritt convicted and for that conviction to stick should be thanking the defense for just eliminating an appeal issue, although, if he is convicted, I'm sure the denied mistrial will become part of the appeal. Thinking that the defense is "giving up" or "throwing in the towel" is funny... they are doing their job and no matter what side of this you are on, everyone should want all involved to do their job and to do it well. JMO

Well we know what the argument was? The Brady rule re: faro scans

 

[missy1974]

Lol, Rudin says he did not create a report, instead did a "white paper".

That was something he just did. He said he didn't do it for the prosecution or the defense, just did it, so it wasn't a report.

It's almost like Rudin isn't a defense witness... LOL not hostile, but not someone they went out and hired, will be curious if the defense even "paid" him. I'm sure Imes will ask .... oh and maybe he got a cameo in the documentary

 

[katydid23]

So I cheated and checked Part 3 hoping it would be the motion, I just happened to click where the above is mentioned (around 27:00 mark), and like I suspected, Dr. Rudin says that this was at the 402 hearing that he said this (which he did say, it was actually in response to a question the judge asked IIRC) that he could not accept or reject the truck. But it's clear he did more calculations after that 402 and from what I am hearing, he was still doing them last night LOL

So he is still doing calculations ? No wonder the PT wanted to give him the hook. He seems all over the place and unreliable.

He makes the mathematical analysis seem inconsistent with the way he has to keep trying to 'fix' and recalculate his findings. I think the jury may just dismiss his testimony in the end.

 

[katydid23]

That was something he just did. He said he didn't do it for the prosecution or the defense, just did it, so it wasn't a report.

It's almost like Rudin isn't a defense witness... LOL not hostile, but not someone they went out and hired, will be curious if the defense even "paid" him. I'm sure Imes will ask .... oh and maybe he got a cameo in the documentary

It is quite common for the hired experts to say they did not do a report. Reason being, the opposing side cannot grab that report before the expert's testimony on the stand and try to rebut it.

 

[missy1974]

So he is still doing calculations ? No wonder the PT wanted to give him the hook. He seems all over the place and unreliable.

He makes the mathematical analysis seem inconsistent with the way he has to keep trying to 'fix' and recalculate his findings. I think the jury may just dismiss his testimony in the end.

I totally disagree. He has been one of the only witnesses that doesn't seem to care what the outcome is, just wants to find the truth. He is 'dazzled' that neither side would want to find the truth and actual do a live reprojection (which I am not sure, but I think only the State has the ability to do this? does anyone know?) so that it is not just all theories with errors and hoping that his theory has less errors. He is brutally honest, and he doesn't care who is asking the questions IMO.

 

[katydid23]

I totally disagree. He has been one of the only witnesses that doesn't seem to care what the outcome is, just wants to find the truth. He is 'dazzled' that neither side would want to find the truth and actual do a live reprojection (which I am not sure, but I think only the State has the ability to do this? does anyone know?) so that it is not just all theories with errors and hoping that his theory has less errors. He is brutally honest, and he doesn't care who is asking the questions IMO.

Why would the state want to do an experiment, in the middle of the trial, when they have no idea what the unknown variables would be, or what the outcome would be? That would be a very stupid move on their part.

Mainly because it ultimately doesn't matter ifs it is CM's work truck or not. That doesn't automatically exonerate him, even if it was the McStay truck seen leaving.

 

[oceanblueeyes]

I totally disagree. He has been one of the only witnesses that doesn't seem to care what the outcome is, just wants to find the truth. He is 'dazzled' that neither side would want to find the truth and actual do a live reprojection (which I am not sure, but I think only the State has the ability to do this? does anyone know?) so that it is not just all theories with errors and hoping that his theory has less errors. He is brutally honest, and he doesn't care who is asking the questions IMO.

I know you disagree with me Missy, but honestly constantly changing his opinions is not good. By this time he should be fully prepared, and completed.

Imo, It leaves the jury thinking if he was back on the stand tomorrow his analysis would be different than even today.

Imo

 

[Mony Mony]

I totally disagree. He has been one of the only witnesses that doesn't seem to care what the outcome is, just wants to find the truth. He is 'dazzled' that neither side would want to find the truth and actual do a live reprojection (which I am not sure, but I think only the State has the ability to do this? does anyone know?) so that it is not just all theories with errors and hoping that his theory has less errors. He is brutally honest, and he doesn't care who is asking the questions IMO.

Nobody was asking him questions. He was dropped. Then he inserted himself back into the case.

IMO

 

[Mony Mony]

Rudin reminds me of the old Motley Crue song, "Don't go away mad, just go away",

 

[Mony Mony]

I wonder if Rudin will review and critique the defense's faro guy's report, the one from Napa.

 

[Longtimenoc]

Well this what happens when you represent a devious obviously guilty client. You can't change the facts so best bet is to try to confuse the jury and lead them away by focusing on an inane truck. Hopefully the jury doesnt get lost in the woods and can recall the facts from weeks ago.

 

[missy1974]

FYI ... I think Day 55 Part 2 uploaded today is yesterday's part 2.

 

[MissJames]

Rudin reminds me of the old Motley Crue song, "Don't go away mad, just go away",

IMO that’s exactly what the jury is saying right now.
THIS is the evidence that put the trial on hold until one of the defense attorneys recovered from the plague ?
Listening to the Prosecution’s cross of Rudin, it’s obvious why they never called him-he’s all over the place .
If I was on this jury I would not be happy with the defense wasting my time with Rudin.

 

[mrjitty]

This to me tells me that they were full partners. JM could not have paid for all that development work up front. Then in 2008-09 things got tight? Well guess what, there was a worldwide recession going on. Yet it seems like he blamed part of it on DK. And yes, trying to cut DK out because JM had a family and DK didn't was really not valid. DK earned his part.

Further, I see no threat in what DK texted. It is matter of fact that there is routine maintenance needed on a website to keep it coming up in search results, something JM knew nothing about. His saying that the website would drop without DK was simply a fact. JM taking it as a threat was wrong and he seemed to want to use that as leverage against DK.

Yeah - I have never waded into this too heavily out of respect for the dead

But as someone working in digital production, I have a lot of sympathy for the dev in these situations.

Lots of times, devs kick in loads of unpaid time to stand a site up, SEO, get the ecommerce ticking, only to get stiffed when the money is rolling in.

So what you have to do every time, is put the site on the line via SEO, Hosting etc, because it is the only leverage you have to get paid.

All those messages DK sent to Joey were highly unprofessional and stupid, but not unusual in the world of small business entrepreneurs where emotions often run high.

DK was also really dumb not to have a written JV/Partnership deal.

When i worked more in the SME space, I had a client threaten to take my dev to court because we insisted that all invoices be paid before we hand the site over.

This was some huge affront - but we weren't born yesterday.

IMO Joey was a lot sharper than he is given credit for

 

[Recidivist]

#mcstay McGee shows transcript of when Rudin referred to a 10% error and Dr. Rudin says, sure, “I would lose my sleep and drink or something” [if it was a 10% error].

 

[Recidivist]

McGee: “No, Dr. Rudin just listen to me!”

Imes: You said yesterday, “If I could make this work, I could retire.” Rudin said something to the effect of Sir, you are impuding my reputation

Imes on cross of Dr. Rudin: So when the judge asked you on break about his method, you said, “It’s a new method I dreamed up.”

 

[mrjitty]

WUT?

“It’s a new method I dreamed up.”

Every time you think this trial can't get dumber