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

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Okay—these media interviews with MM—are they on tape, so that you can see and hear him saying it? Or is it a case of ‘journalists’ quoting him. If it’s the latter, there’s a simple and common explanation—that the journalist simply got it wrong,

It was not a journalist error. It was noted in several different articles, including video interviews. He didn't always say he saw their legs, but he always believed he "saw them all leave at 7:47 pm on the 4th" and that he thought they were going out to dinner. That was the assumption for quite a few months and part of the reason Dugal thought they had gone on vacation.
 
I wonder if the beds being stripped was done by Chase?

Also no wonder the family were so stressed. I can not imagine going to sleep on crappy air mattress for months on end and then having to get up deal with toddlers, dogs and for Joey run his own business day after day (oh and renovate the house).

I don't think we know for sure, unless they ask the family members who were at the house cleaning up. The EquuSearch was after the cleanup and I believe SB, although I'm not certain, may have done laundry.
 
Hi @Tortoise

I missed a lot with travel in the last 2 weeks

Can you please explain this in some more detail? Sorry to be lazy!
Sure!

Cathy was interviewed by San Bernardino detectives on October 10th 2014, before Chase was arrested on Nov 5th 2014. In that interview she told them she was certain she remembered the 8.28 pm call that Chase didn't pick up and they asked her if it was possible what she was remembering happened on a different day and she said she supposed it was possible but she could have sworn it happened on a Friday.

The morning after her interview on Oct 11th Chase phoned her (sounds like he woke her up he couldn't wait to ask her about it - but their phones had been tapped) and she told him the same thing - little excerpt from the call I have transcribed -

and they said ‘maybe it happened on another day?’ and I’m like ‘I suppose it could have happened on another day but I could have sworn it was on a Friday and I could have sworn you know this is what happened’

So then in court during her cross-examination they brought this up and they showed her Chase's phone records from the previous Friday (Jan 29th) and there is a call from Joseph at around 9 pm that he didn't answer.
 
Sure!

Cathy was interviewed by San Bernardino detectives on October 10th 2014, before Chase was arrested on Nov 5th 2014. In that interview she told them she was certain she remembered the 8.28 pm call that Chase didn't pick up and they asked her if it was possible what she was remembering happened on a different day and she said she supposed it was possible but she could have sworn it happened on a Friday.

The morning after her interview on Oct 11th Chase phoned her (sounds like he woke her up he couldn't wait to ask her about it - but their phones had been tapped) and she told him the same thing - little excerpt from the call I have transcribed -

and they said ‘maybe it happened on another day?’ and I’m like ‘I suppose it could have happened on another day but I could have sworn it was on a Friday and I could have sworn you know this is what happened’

So then in court during her cross-examination they brought this up and they showed her Chase's phone records from the previous Friday (Jan 29th) and there is a call from Joseph at around 9 pm that he didn't answer.

How very interesting.
 
I’m a bit confused. LE had seen the tape, too, hadn’t they? If they had, they’d have known that MM was not—putting it kindly—accurate. So how could he have led LE to believe anything?

Or did he have access to the tape and at the time, LE didn’t?

My understanding is the tape was very grainy and difficult to see. I always thought MM may have interpreted shadows or objects as people. That is what I would want to believe if my family disappeared. It was quite a while before LE had experts take a look at it and they would have had more sophisticated equipment.
 
My understanding is the tape was very grainy and difficult to see. I always thought MM may have interpreted shadows or objects as people. That is what I would want to believe if my family disappeared. It was quite a while before LE had experts take a look at it and they would have had more sophisticated equipment.

I'd really like to hear from @Force Ten on all this
 
Do we even know that this is true? I think it showed up in the defense’s opening statement, which isn’t evidence. If they had to extract DNA from inside teeth, to identify the McStays, how could DNA of a killer or accomplice have survived in the grave?

It briefly came up in the State witnesses testimony... the possibility that it would survive, the prosecution knows the defense found it, and have acknowledged it IMO but it's how it got there that will be in question, whether it could have survived. IIRC the defense also did ask if it the DNA could be run in CODIS, I think only the State can do that, not the defense. If it is DNA that got there after the bodies were discovered, employee's are put into CODIS as well... easy to figure out if they run it IMO
 
It remains an idiosyncrasy of criminal procedure that the state cannot coach its witnesses yet the defence can cut testimony from whole cloth after hearing the state case.

I have long believed this area should be reformed.

hmm I have heard testimony that State witnesses have been given their statements to read before they testify. It was said in Cathy's testimony that she watched her interviews, listened to the recordings, so that would take quite a bit of time up. I don't know how much they can and can't coach, but IMO not all 8 hours of that was coaching.
 
Hmm - that is strange. It would not be possible to see that?

Clearly Dugal didn't see anything like that ...

Sometimes, I think family members desperately want to see things in a video hoping it shows a reasonable explanation why their family is missing.

It's a fact that individuals can see different things from the same video or still photo.

Look at how many different individuals have been sure they saw this or that in the still photo of the bridge guy, who was in the area when Libby, and Abi were found murdered.

There is no way they can all be right, but they are sure they see what they see.

Imo
 
Something I find fascinating, is that despite "the last call" coming thru on his phone with now CJ being a witness thereto and daughter supporting, Chase never apparently thought to show this key piece of evidence to investigators nor retain any evidence of it - e.g. a photo or some other record

Yet it would clear him of murder!

Even more strangely, despite watching a movie with CJ, he was returning all her missed calls only an hour later!

Of course this all makes sense if his phone was off and there was no last call received by him.

Here is my problem with the last call (well, one of them lol).... it DOES show on Joey's.... the T-Mobile guy (Joey's company) testified that it had to have been answered or went to VM because it says it was 1 minute, so how is that explained?

As for Chase not showing that that key piece of evidence.... I have no idea when they even asked him about it... I know it wasn't in his interview on the 17th. They didn't have Chase's call records back then, they didn't have probable cause to get that.
 
Can someone tell me, is it really Catherine's testimony that Chase was calling her repeatedly while they were in the same house? She says "on the property" but weren't they living in apartments? This is CM's alibi and she has stood firm that he was at home with her the night of the 4th? I'm confused.

They were living in an apartment... when she said home or on the property... they had a clubhouse where they had a movie theatre and a business center, they also had a pool, etc. there. They are actually really nice places LOL I had to go and look them up to understand it myself...

Homecoming at Terra Vista | Apartment Homes For Rent Rancho Cucamonga

Listening to Chase's interview with Dugal/Fiske... they were in the clubhouse, Chase was trying to get a hold of Cathy, who was at the apartment, and I think it took 3 tries... their cell service sucked IMO
 
Apparently, the apartment building had a office/lobby center for the tenants. And it had wifi available so Chase would go there to use computer devices, or watch tv online? If I understand the defense correctly...

Actually, I think Cathy said in the business center the internet was 'hard wired' so it worked better.
 
I wonder if the beds being stripped was done by Chase?

Also no wonder the family were so stressed. I can not imagine going to sleep on crappy air mattress for months on end and then having to get up deal with toddlers, dogs and for Joey run his own business day after day (oh and renovate the house).

The beds weren't stripped!!!! I remember this being a big topic of discussion in the early days, months... if you look at the photo's taken by SDSD, the beds had the sheets on them.
 
It briefly came up in the State witnesses testimony... the possibility that it would survive, the prosecution knows the defense found it, and have acknowledged it IMO but it's how it got there that will be in question, whether it could have survived. IIRC the defense also did ask if it the DNA could be run in CODIS, I think only the State can do that, not the defense. If it is DNA that got there after the bodies were discovered, employee's are put into CODIS as well... easy to figure out if they run it IMO

The DT has the same right to test anything they may think is of value.

All they do is go before the judge requesting him to let their forensic DNA expert test certain pieces of evidence themselves.

The only requirement is the state DNA expert must be present during the testing, and the DT must turnover the lab results to the state, just like the state has to turnover their lab results to the defense.

The defense rarely does that though even though they are allowed. It seems they would rather speculate to the jurors about untested evidence instead, because if they do further testing it may backfire on the defense, and the state now has the results of those tests.

Imo
 
This doesn't cover the key aspect.

We know the video does not show the 4 in the trooper going out for dinner.

So why did Mike think that? As far as I am aware, he did not testify to being told that by Chase.

This is my take on it. Way back in Feb 2010 when it was reported that the last call from JM was to CM lasting 1 minute. It was assumed the call went to voicemail. It was reported that CM said JM didn't leave a message but he could hear restaurant noises in the background. MM took that to mean the family went out to dinner. Then when MM realized there were cameras across the street, he thought the footage would capture the McStay's driveway. And he ran with it.

That is ONLY my opinion.

MOO
 
Something I find fascinating, is that despite "the last call" coming thru on his phone with now CJ being a witness thereto and daughter supporting, Chase never apparently thought to show this key piece of evidence to investigators nor retain any evidence of it - e.g. a photo or some other record

Yet it would clear him of murder!

Even more strangely, despite watching a movie with CJ, he was returning all her missed calls only an hour later!

Of course this all makes sense if his phone was off and there was no last call received by him.

When listening to the testimony of CJ and TJ it was brought up that they did not have internet or TV in their apartment. The would go to the clubhouse to use the office facilities and there was also a cinema room where they would watch movies. CJ said sometimes CM would leave his cellphone in the apartment while they were watching movies. I believe they mentioned that sometimes only one of them would go there with the kids to watch a movie and the other would stay in the apartment. I suppose it's possible that CM turned on his phone when the movie was over and noticed calls.
 
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