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CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #12

Discussion in 'Trials' started by Tricia, Jan 9, 2019.

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  1. Niner

    Niner Long time Websleuther

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    Tuesday, March 12th:
    *Trial continues (Day 30) (@ 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.
    12 jurors & 6 alternates were finalized on Tuesday (12/11/18). 8 women & 4 men, while the alternates include 4 men & 2 women. Trial started 1/7/19. Dark on Fridays.
    Skipping Day 1 (1/7/19) thru 6 (1/15/19) – reference post #1180 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #2
    Skipping Day 7 (1/16/19) thru 11 (1/24/19) – reference post #1119 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3
    Skipping Day 12 (1/28/19) thru 14 (1/31/19) - reference post #217 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #5
    Skipping Day 15 (2/5/19) thru 17 (2/7/19) - reference post #648 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #6
    Skipping Day 18 (2/13/19) thru Day 20 (2/19/19) - reference post #6 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #8
    Skipping Day 21 (2/20/19) thru Day 23 (2/25/19 - reference post #128 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #9
    Skipping Day 24 (2/26/19) thru Day 26 (2/28/18) reference post #431 here:
    CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #11
    3/4/19 Day 27: Defense arguing against a clip from CNN to be played in court. Which is "I am definitely the last person he saw"). Judge overrules, it will be played. And about photos of video surveillance allegedly showing Merritt's truck are among the issues currently being argued. State witness: Sgt. Ryan Smith (recalled). DA shows CNN clip. DA rests case. Defense asked for dismissal of all charges. Denied. There is a hearing 3/8 re OSC: Failure to comply to subpoena order (Google & Microsoft) without jurors. Jurors will be back in court on Tuesday, 3/12 to hear last State witness re FARO scan testimony by Eugene Liscio. Pros wanted the defense’s witness list, they hadn't received it.
    3/8/19 Day 28: On 2/27/19 Subpoena Records Rec’d from: JP Morgan Chase Bank & Arrowhead Reg. Med. Ctr. 2/28/19 Subpoena Recrds Rec’d from: Cable News Network (CNN). 3/4/19 Subpoena Records Rec’d from: CNN & Google. OSC (Order to Show Cause) Contempt hearing scheduled for 3/11. Trial continues on 3/12 @ 9:30am.
    3/11/19 Day 29: Added to court site on 3/26 Other Hearing @ 9:30 AM / 9:00 AM Status of Subpoena Duces Tecum (Microsoft).
     
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  2. missy1974

    missy1974 Well-Known Member

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    But it was NEVER BACKDATED on the 4th either. It was created and deleted. There was NO AUDIT history with that transaction.

    If it was Chase and he was that concerned that it needed to get done right away, he should have gone home and printed as many cheques that night because he knew it could be done already if he did it on the 2nd. The thought that he had to drive his truck down the street and then go back to the house because he just had to "try it" just doesn't work as a plausible reason IMO
     
  3. missy1974

    missy1974 Well-Known Member

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    Merritt has yet to give an explanation. His lawyers say Joey asked him to.
     
  4. katydid23

    katydid23 Verified Juanette

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    But you are making a leap here, in saying he left the scene, then returned ONLY to create and erase the check.

    Many speculate he was just moving the truck, and had planned to return for other reasons too. No One is saying that he returned ONLY to create and erase that check.

    Fact remains---SOMEONE did sit down at Joey's desktop and create and erase that check. It was made out to chase merritt, and the identical check to it, with 500 extra added to the total, was created and cashed the next day.

    I think that makes it about 98% certain that Chase was the one who created and erased that check on the 4th.
     
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  5. katydid23

    katydid23 Verified Juanette

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    I have some problems with that explanation.

    -why wouldn't joey handle that call on his own?
    -if he did ask chase to make that arrangement, wouldn't he have given chase the necessary passwords to the email account?
    -if he did ask chase to do so, would he tell him to pretend he was joey during the process?
    -if he did ask chase to do so, wouldn't there be some communication to explain it in detail? Like a text or email or written note?
    -when did he ask him to do so?
    -and WHY would he go ahead and make that 'deletion' call, when he was having trouble reaching his boss?
     
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  6. missy1974

    missy1974 Well-Known Member

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    My response to you was because you said this:

    That cannot even be possible thought that he had since that is not what was done. And test running it doesn't make sense at all, because there was no need for a test run, if he had already done it on the 1st and 2nd from home or wherever else.
     
  7. missy1974

    missy1974 Well-Known Member

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    I think we will have to listen to the defenses case and see if they have those answers.
     
  8. katydid23

    katydid23 Verified Juanette

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    You never heard of a 'bro-mance' ;)

    Also, his trash talking of Summer leads me to believe that he was jealous of her. JMO
     
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  9. katydid23

    katydid23 Verified Juanette

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    we don't know if he used that time in QB to look at how he could backdate. He may have and it allowed him to then erase and move on from the computer. JMO snd speculation.
     
  10. missy1974

    missy1974 Well-Known Member

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    It would have shown in the audit history. IMO
     
  11. katydid23

    katydid23 Verified Juanette

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    I know they are not going to have those real answers because Joey is dead. The only source left for 'those answers' is their client.

    I'd love to know from Joey's mouth, or hand, or by a credible witness, why Joey would ask chase to impersonate him and make those calls. But I am afraid we will only get a manufactured defense strategy version. JMO
     
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  12. katydid23

    katydid23 Verified Juanette

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    yes, if he had TRIED to actually do it. But he could look at the options that come upon, and without clicking on any of them, note that an option for changing the creation date was offered. THAT IS ALL HE NEEDED. jmo
     
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  13. Karinna

    Karinna Well-Known Member

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    So this is on the 1st. February
    (quote)
    THE WITNESS: Okay, on February 1st, 2010, at 12:24 P.M., Joseph McStay, the user Joseph McStay added Charles Merritt as a vendor. The next activity was at 12:34 P.M., where there was a check made out to charles merritt, all lower-case letters, for the amount of $2500. The memo line on that one said: “deposit.”
    Q (By Mr. Daugherty) What else did you see happen on the 1st?
    A At 12:37 P.M., there was another check added to charles merritt, for the same amount, $2500. The memo line also stated: “deposit.”
    Q Is that all lower case under charles merritt?
    A It is.
    Q How about on the memo line, “deposit.” Is that all lower case?
    A It’s all lower case.

    Q Now, on the Contact side of the account, would Joseph put information on the memo lines, occasionally?
    A Yes, he did.
    Q Did he capitalize the first letters?
    A Yes, he did.
    Q What happened after those checks for $2500 were created?
    A At 12:38 P.M., the user printed the check written at 12:37 P.M.
    Q And what happened next?
    A At 12:47 P.M., the user deleted the check written at 12:37 P.M.
    Q Okay. So the second check created was printed?
    A That’s correct.


    Q Okay. And you say “deleted.” If it was deleted, how could you see it?
    A So, when I looked for checks and the check transaction, there was no checks shown. There was no checks written on this account. But when I look through the activity log, the activity log shows the user log-ins, the time of log-ins, checks created,
    deleted, edited
    . And it has a whole activity log. So, I pulled it up from the activity log. There were multiple checks created, edited printed and deleted from that same account.
     
  14. Karinna

    Karinna Well-Known Member

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    And further
    (quote)
    One of the first things I’d like to point out is the check written to “chase merritt” on February 2 for $2495 was cashed at Union Bank. On the morning of February 4th Joseph was on the phone to Union Bank at 11:51 for a two minute call. For reasons I’d rather not go into, I believe someone knew what Chase did and tipped off Joseph. After the call to the bank, Joseph immediately calls Chase for two minutes followed by a text. There’s no way to know for sure but I believe this is what sparked the fire for that day ending in horror.

    There you have it though, the 7:59 check was written on the McStay home desktop computer, not remotely. But why? Because Chase HAD the password on February 1st and 2nd, when he accessed the account remotely. He probably gained access to this password watching Joseph inputting it at some point. By noon February 4th, Joseph caught onto what was going on (or tipped off) and changed his password. I’m sure investigators have come across an notification from Quickbooks in Joseph’s email for that day indicating such. Maybe Chase realized this as well, and maybe he tried to login and could not.
    Another stoking of the fire. At some point with Chase’s altercation with Joseph on the night of the 4th, he got the new password from him.
     
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  15. Recidivist

    Recidivist Well-Known Member

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    Today I entered checks into quickbooks that were hand written last week. By my default preference, the check I am inputting will show today's date until I change it to the date it was actually written.

    The audit trail log will show that on March 11 a check was entered and the date shown on that entered check was last Friday, March 8. Any creation, edit or changes will show on the audit log.

    Quickbooks allows you to chose your default preference as to which date you want, either the actual date, or the date of the last check written.

    Most people using QB's don't really know about the audit trail, as it is an accountant tool, and is only found within the accountant menu.
     
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  16. missy1974

    missy1974 Well-Known Member

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    So you have actually checked and it's there in the audit history? lol

    I wasn't sure if it was something that was done only when printing a cheque, which I had never done, so that's interesting. I would like to see Joey's Contact account then, because I wonder what it showed when all his cheques were handwritten. (I think he had only gone to printed cheques in recent months but still used both)
     
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  17. InspectorGadget

    InspectorGadget Well-Known Member

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    No, because Joey didnt know that Chase wouldnt be able to call him for the required information.
     
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  18. missy1974

    missy1974 Well-Known Member

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    Just a thought I had...

    Why haven't they shown Summer's Cell records? Or the house phone records? If for no other reason, to show that there was no activity after a certain time. Does anyone know if Chase had a house phone?
     
  19. Recidivist

    Recidivist Well-Known Member

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    I often look at the audit log, mostly to see what the bosses son has been up to. He might create an invoice, then collect cash from the customer, put the money in his pocket, then go and delete the invoice. He has no idea that I can see everything he has done step by step, and it saves us both the trouble of his lying to me about missing invoices.
     
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  20. mrjitty

    mrjitty Well-Known Member

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    What his lawyers say is not evidence at trial
     
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