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

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

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  1. Karinna

    Karinna Well-Known Member

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    Not sure what the relevance to the JL computer is? It was unaccounted for at the McStay residence. Missing in other words. The expert proved some activity on it, and it was no longer accessed after 3rd. Feb. A day before the murders. Maybe the killer got rid of it?
     
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  2. katydid23

    katydid23 Verified Juanette

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    On Feb 6th, Chase Merritt's cell was pinging off the tower near the shallow graves. Many believe he buried the bodies at that time.
     
  3. mrjitty

    mrjitty Well-Known Member

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    Implied consent is the wrong concept here I think.

    As I understand it the defence case is express consent.

    i.e. Joey gave CM blank signed cheques and also unsigned cheques and authorised him to sign on his behalf.

    However this doesn't really fit with Chase's own evidence where he claimed to have run out of signed cheques and then had to sign for Joey.

    So if Joey was presigning the cheques, it doesn't really follow, that after his disappearance, he could be implied consenting to have his signature forged. There was no such course of dealing.

    So it really would need to be an express consent.
     
  4. Tortoise

    Tortoise Well-Known Member

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    I found an interesting review of Elluma Discovery (the firm Mr La Rock works for) third result down in google results for a site which allows users to rate businesses. Sounds like exactly the type of services one would be looking for in a case such as this.

    JMO
     
  5. mrjitty

    mrjitty Well-Known Member

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    I am flabbergasted that the defence has paid 100K+ for such a shallow analysis

    What was so much time spent on?

    My guess is the defence thought the IP was a get out of jail free card (which it still might be). Possibly they did not realise the IP's would just be put into basic lookups.

    As far as the forensic analysis of hard drives goes obviously 100K is wildly expensive for the work done.
     
  6. oceanblueeyes

    oceanblueeyes Well-Known Member

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    CM made many blunders, but backdating the checks to the 4th will be his Waterloo. IMO.

    The only reasonable conclusion to this evidence is he backdated them because he knew it would become known that would be the very last day the family was known to be alive.

    This activity alone shows his guilt. IMO. It shows no one, but CM, knew what had happened to all 4, and that it all happened on the 4th.

    No one else had a clue they were even missing from their home. No one, but CM, which allowed him the opportunity to do as he wished once he made sure Joey wouldn't be able to stop him.

    The other evidence against him just adds to his guilt.

    The jury will not buy Joey allowed this weird new accounting method. It defies all logic, and common sense based on all the evidence the jury has heard.

    It pains me greatly when any defense pretends to think for a murder victim, based on absolutely nothing, when their own accused client is the one who has rendered them voiceless, unable to ever speak or expose the real truth for themselves.

    Imo
     
    Last edited: Apr 20, 2019
  7. Tortoise

    Tortoise Well-Known Member

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    So we learned more about the failed print job.

    We already knew the cheque on the 4th ($4000, memo line Paul Mitchell) was created at 7.59 pm and deleted at 8.05 pm.

    The failed print job was a QuickBooks cheque-alignment page, sent twice to the printer at 8.02 pm.

    I've searched to see what this page might have looked like and why it might have been sent to print. These are the instructions I found for 2018 - and I see it says "After you've printed this form..."
    [​IMG]
    How to align preprinted paychecks - QuickBooks Community

    I did note that one of Merritt's other cheques was misaligned. I'll see if I can find it. He must have been in too much of a hurry to see it through and sort out the printer on the 4th.

    JMO
     
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  8. oceanblueeyes

    oceanblueeyes Well-Known Member

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    Has the defense even touched on verifying CMs alibi for the all of the times in question?

    Tia
     
  9. oceanblueeyes

    oceanblueeyes Well-Known Member

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    I must agree, Friday.

    When Tortoise was kind enough to post that information for all of us it was bone chilling to me when I read it.

    Imo
     
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  10. floridagrrl

    floridagrrl Forever in debt to priceless advice

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    And with all this check talk

    Why the heck did CM feel the need to pay vendors at the same time paying himself? Let alone before he knew Joey was “missing” geez Louise (Signing JMs name to that check to himself and CM DEPOSITING into his own account is fraud, there is no way around it. I don't care how many rosey colored adjectives you Put in front of this actions. Once he cashed it; fraud. Go to any damn bank and do a questionnaire about it.)

    Oh, I know why...because it will look like I’m just doing “business” :rolleyes:

    Forget that silly fact that shows I’ve been overpaid and OWE money

    The mental gymnastics I have seen about someone helping themselves to checks and money from someone that is missing is mind blowing and actually quite gross imo

    Implied consent, expressed consent, Mickey Mouse consent is more like it. No one else was there helping themselves to money

    Money is the root of this evil

    JMO all that jazz etc
     
  11. Mony Mony

    Mony Mony Well-Known Member

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    Lol! That Yelp review!
     
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  12. Texas Red

    Texas Red Former Member

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    Yes, I believe if a person has in the past allowed someone to preform an act then if the same person later does the same or a similar act which would normally be considered a criminal act the DA will not prosecute and inform the potential victim that the case is a civil matter. For instance if you let someone borrow your car and that person later ‘borrows’ your car but without your permission than most DA’s will not prosecute.
     
  13. Tortoise

    Tortoise Well-Known Member

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    Merritt's misaligned cheque. Note the 2 is printed on top of the dollar sign.

    misaligned cheque.png
     
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  14. la2cabo

    la2cabo Well-Known Member

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    Joey never gave Merritt unsigned blank checks, gave Merritt permission to utilize the check writing feature of QB or instruct Merritt to forge his signature to any checks.

    There are many people sitting in jail today charged and convicted of taking a car without owner's permission and they've had permission in the past.
     
  15. Texas Red

    Texas Red Former Member

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    I understand what you’re saying however, I believe the act of JM giving CM signed blank checks created a situation for an implied consent argument to be made. As I stated earlier it’s up to the jury to decide.

    This site explains the difference between expressed and implied consent.
    What is express consent ? - Definition from WhatIs.com
     
  16. Tortoise

    Tortoise Well-Known Member

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    Where is the proof Joey allowed Merritt to sign EIP cheques?
     
  17. Karinna

    Karinna Well-Known Member

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    But where in this case is there verification of this apart from Merritt's statements to LE? And if JM had allowed such activity previously, which i don't believe at all, then why did Merritt act deceptively about it all after the McStay family had been murdered? No one has said this was common practice with JM in regard to authorizing CM to do anything of the kind.
     
  18. Texas Red

    Texas Red Former Member

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    I do not believe that's the case, please cite.
     
  19. oceanblueeyes

    oceanblueeyes Well-Known Member

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    Respectfully that makes no sense to me.

    What one does with permission isn't even comparable to someone who didnt have any permission whatsover at the time. Imo, thats comparing apples to oranges.

    By that logic that would mean if someone ever loaned someone money in the past they now have a right to come in, and rob them. Which of course is a criminal act if anyone takes anything they have no legal right to have.

    Just like it's a crime when anyone takes a vehicle without permission.

    Do you have a link that most proescutors wouldnt bring criminal charges when a suspect has stolen a vehicle when they didnt have permission to take it? Tia
     
  20. Karinna

    Karinna Well-Known Member

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    I don't think so?
     
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