CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #5

[Niner]

Thursday, February 7th:
*Trial continues (Day 17) (@ 10:30am 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 thru 6 – reference post #1180 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #2
Skipping Day 7 thru 11 – reference post #1121 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3
1/28/19 Day 12: State witnesses: Susan Heckaman, worked for Geis Construction. Jeffrey Martin, Martin's company (Geis Construction) did business with McStay's company. Dr. Chanikarn Changsri, medical examiner. Trial continues 1/29.
1/29/18 Day 13: State witnesses: Elva Fonseca, used to work for Merritt. Joseph Steers, was a detective with SDSD. Diana Wright, FBI forensic examiner. Sergeant Ryan Smith, lead detective. Field trip tomorrow for the jury, they will not be in court No court tomorrow (1/30). Trial resumes Thursday morning (1/31).
1/30/19 Day: Jurors visit grave site. Trial continues 1/31.
1/31/19 Day 14: State witnesses: Det. Ryan Smith. Carmen T. Garcia, worked for Metro Sheet Metal from 2007. Michael Dominick Bosillo, works for T-Mobile in Dallas, Custodian Records Testifier. David Lipnitzky, custodian of records from AT&T. No testimony on Monday or Tuesday, Tuesday late morning (~10:30am) they will be discussing motions. On Tuesday 2/5 they are going to meet & take video depo of Ryan Baker, the customer service rep from Quickbooks. Jury back on Wednesday, 2/6.
2/4/19 - Dark
2/5/19 Day 15: Trial today w/NO JURY. Expect arguments regarding testimony from the QuickBooks rep that spoke to a "Joseph McStay" on Feb 8, 2010, however prosecutors say the phone used to make the call was Charles Merritt's. The gist is Ryan Baker, QuickBooks customer service rep is having surgery and prosecution wants to have him appear via video before surgery on Thursday. Defense says they want him there. Defense says they have not been given doctor's notes to prove the witness is having surgery or to prove he cannot travel. They are now arguing about the process of testifying by Skype.
2/6/19 Day 16: Dr Leonid I. Rudin and it's a 402 hearing, is a professional photogrammeographer. Master of Science in Mathematics and Phd in Photography. Delaying Rudin’s testimony until Feb 19th. Video/Skype with Ryan Baker. Testifying re truck leaving the Fallbrook home. Michael Russ, Crime Scene Specialist, about the Faro Scan. Judge says to come back tomorrow at 10:30. The defense says that at 9am, they want to have a meeting about the lack of timely discovery from the state. Trial continues on 2/7.



Okay - do I have day 15 (2/5) & day 16 (2/6) correct?? Meaning the witnesses. TIA!

 

[A lucas]

Lucas, waaaaay back when I think there was quite a bit of discussion about this, and a statement from someone related to the case to the effect that Chase was incredibly talented, and to a certain degree, would be hard to replace at a moment's notice. Maybe someone else here can remember more specifics about this.

I agree with your comment, though, about firing an employee or dropping a contractor/supplier for major misconduct, even to the immediate detriment of the business. It's what I've always said about this case: I think Joey overlooked many "small" things, but when he became aware of the theft of thousands of dollars, stopped the gravy train. And that sealed his, and his family's, fate.

Yep. It was the ultimate betrayal...

 

[HelenK]

Stick a fork in Chase Merritt, he's done.

Force, that made me laugh -

 

[mrjitty]

Lucas, waaaaay back when I think there was quite a bit of discussion about this, and a statement from someone related to the case to the effect that Chase was incredibly talented, and to a certain degree, would be hard to replace at a moment's notice. Maybe someone else here can remember more specifics about this.

I agree with your comment, though, about firing an employee or dropping a contractor/supplier for major misconduct, even to the immediate detriment of the business. It's what I've always said about this case: I think Joey overlooked many "small" things, but when he became aware of the theft of thousands of dollars, stopped the gravy train. And that sealed his, and his family's, fate.

According to the testimony from MSM, all the fabrication was really being done by MSM by the final year, with CM doing the plumbing and wiring.

My suspicion is that Joey was too out of the detail (perhaps he didn't like to get his hands dirty) and was likely paying CM the lions share of the construction fees for not much.

 

[mrjitty]

Joey's business seems to have improved after his partnering with Chase. It's very possible there was another welder, but getting someone up to speed on the specific work Joey did, seems like it would involve a learning curve. Maybe. Maybe not.

IIRC Joey was just exiting very tough times as the long recession was still biting discretionary spending.

So the economy was recovering, but also the SEO was really working to deliver a pipeline of sales

Essentially all the value in the business came out of SEO. I think this is what Joey realised in his dispute with DK. He needed to own and control the front end marketing function of this ecommerce operation. So his plan was to end his partnership with DK and simply pay DK to do SEO

IMO the operations side was a mess. CM was clearly killing his margins.

 

[mrjitty]

Anyone out there used bleach on their vehicles?

LOL!

Just no!

 

[missy1974]

What did Dan Kavanaugh confess to his girlfriend? I didn't know about this. (I saw this mentioned earlier but didn't know it was a fact)

This was up on the screen during the Defense's OS, according to her, he had confessed 2 weeks prior to Oct 26, so Oct 12th or mid Oct 2018:

Tracey Riccobene

October 26, 2018 went to investigators and defense to give statement.
Dan confessed to her that he murdered the family
Detailed statement
Held one of the boys at knife point to get the family out of the home

DK raped Summer
Wanted revenge against Joseph McStay for cheating him
DK buried the sledgehammer in graves
Was not in Hawaii - DK lied and provided false alibi
DK came back to the house and pretended he was Joseph

Known DK for years - Best Friend
Like a brother to me
Share music in common
Says DK is a genius manipulative mastermind
Full confession 2 weeks ago but had been hinting at it for a longer period of time
She told him to come forward - he refused.

After Riccobene told DK to come forward
He has been threatening her
She is terrified of him
He has no empathy toward other people
She feels it is her duty to come forward even though DK will harm her
Requests witness protection

 

[missy1974]

I thought Maline was trying to imply that there was a recording somewhere, but the prosecution doesn't want anyone to listen to it.

Yeah, I wonder if there is one lol I watched until the end of his testimony before I went to bed... I wonder if the State or the Defense will be calling the customer service guy from the day before.

 

[missy1974]

Thursday, February 7th:
*Trial continues (Day 17) (@ 10:30am 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 thru 6 – reference post #1180 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #2
Skipping Day 7 thru 11 – reference post #1121 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3
1/28/19 Day 12: State witnesses: Susan Heckaman, worked for Geis Construction. Jeffrey Martin, Martin's company (Geis Construction) did business with McStay's company. Dr. Chanikarn Changsri, medical examiner. Trial continues 1/29.
1/29/18 Day 13: State witnesses: Elva Fonseca, used to work for Merritt. Joseph Steers, was a detective with SDSD. Diana Wright, FBI forensic examiner. Sergeant Ryan Smith, lead detective. Field trip tomorrow for the jury, they will not be in court No court tomorrow (1/30). Trial resumes Thursday morning (1/31).
1/30/19 Day: Jurors visit grave site. Trial continues 1/31.
1/31/19 Day 14: State witnesses: Det. Ryan Smith. Carmen T. Garcia, worked for Metro Sheet Metal from 2007. Michael Dominick Bosillo, works for T-Mobile in Dallas, Custodian Records Testifier. David Lipnitzky, custodian of records from AT&T. No testimony on Monday or Tuesday, Tuesday late morning (~10:30am) they will be discussing motions. On Tuesday 2/5 they are going to meet & take video depo of Ryan Baker, the customer service rep from Quickbooks. Jury back on Wednesday, 2/6.
2/4/19 - Dark
2/5/19 Day 15: Trial today w/NO JURY. Expect arguments regarding testimony from the QuickBooks rep that spoke to a "Joseph McStay" on Feb 8, 2010, however prosecutors say the phone used to make the call was Charles Merritt's. The gist is Ryan Baker, QuickBooks customer service rep is having surgery and prosecution wants to have him appear via video before surgery on Thursday. Defense says they want him there. Defense says they have not been given doctor's notes to prove the witness is having surgery or to prove he cannot travel. They are now arguing about the process of testifying by Skype.
2/6/19 Day 16: Dr Leonid I. Rudin and it's a 402 hearing, is a professional photogrammeographer. Master of Science in Mathematics and Phd in Photography. Delaying Rudin’s testimony until Feb 19th. Video/Skype with Ryan Baker. Testifying re truck leaving the Fallbrook home. Michael Russ, Crime Scene Specialist, about the Faro Scan. Judge says to come back tomorrow at 10:30. The defense says that at 9am, they want to have a meeting about the lack of timely discovery from the state. Trial continues on 2/7.



Okay - do I have day 15 (2/5) & day 16 (2/6) correct?? Meaning the witnesses. TIA!

Day 15 looks like it's missing the 402 hearing they held with Dr. Rudin

 

[A lucas]

LOL!

Just no!

Re bleach in back of CM’s car. Wasn’t there suspected bleach on summers pants too? Bleach is obvs a ‘go-to’ for the perp by the looks?

 

[Tortoise]

Okay - do I have day 15 (2/5) & day 16 (2/6) correct?? Meaning the witnesses. TIA!

I'll adjust it for you - the info is mixed up a bit and there is some additional info.

2/5/19 Day 15: Trial today w/NO JURY. 402 Hearing. Expect arguments regarding testimony from the QuickBooks rep that spoke to a "Joseph McStay" on Feb 8, [Niner - this should be 9th] 2010, however prosecutors say the phone used to make the call was Charles Merritt's. The gist is Ryan Baker, QuickBooks customer service rep is having surgery and prosecution wants to have him appear via video before surgery on Thursday. Defense says they want him there. Defense says they have not been given doctor's notes to prove the witness is having surgery or to prove he cannot travel. They are now arguing about the process of testifying by Skype. Dr Leonid I. Rudin and it's a 402 hearing, is a professional photogrammeographer. Master of Science in Mathematics and Phd in Photography. Testifying re truck leaving the Fallbrook home. Judge says to come back tomorrow at 10:30. The defense says that at 9am, they want to have a meeting about the lack of timely discovery from the state.

2/6/19 Day 16: Delaying Rudin’s testimony until Feb 19th. Video/Skype testimony from Ryan Baker, QuickBooks customer service rep. re. phone call received on Feb 9th 2010 asking QB to delete their EIP QB records, claiming to be from Joseph McStay. Michael Russ, Crime Scene Specialist, about the Faro Scan and processing of Merritt's truck in 2014. Legal argument follows outside presence of jury re. rescheduling of witnesses, court may be dark on Monday 11th, defense wants more discovery from pros. re google earth cell tower mapping, Boles' expertise, and the expertise of their additional cell mapping expert who may be a rebuttal witness to def. expert, and reports from pros. financial analyst, pros. to provide judge with financial graphs and excel spreadsheets 2/7 am, judge threatens to cite def. counsel for misconduct if they raise disallowed material re DK in front of jury. Trial continues on 2/7 @ 9.30 am.

 

[oceanblueeyes]

We don't know if it is a fact, that he did actually confess to her. But it is a fact that she went to the FBI a few months before the trial, and told them he confessed to her. And then she went to the defense team and told her story.

Katy, did she say the FBI contacted her after she said she went to the FBI?

Did she say who she contacted within the agency, and by what method did she make contact? Did she walk into one of their field offices?

Does she have a copy of her sworn statement to the FBI showing the agent she contacted?

How long was this done before she contacted the defense? How long before the trial was to begin did she contact the defense?

If she did contact the FBI they must have found no other collaborative evidence to support her claims of what DK supposedly confessed.

Maybe they contacted the state, and they provided them a list of evidence against CM?

Although all they really needed to do is re-verify his alibi proving he was in Hawaii at the time.

If the FBI didn't contact her again it must mean they found no evidence of his involvement.

I'm glad to see that the judge has finally had his fill of the defense attorneys asking loaded knowingly objectionable questions about DK.

He said he will start saunctioning them if they continue. I'll believe it only if I see him actually do it. Lol

Many judges would have already brought the gavel down long before now.

As an aside, and just bouncing of of your post to comment.

Someone said they believe CM IS guilty, but believe he had help, and the state hasn't proved he didnt have help. Paraphrasing.

You know more than most, even if others may think someone else was involved with Merritt, CM would still be just as legally culpable under the law, whether he had help or didn't. It would make no legal difference whatsover.

This jury is there for one sole purpose, and of course that is to determine whether they believe CM is guilty BARD.

They are never suppose to determine BARD if others were involved, or who these other persons are nor determine anyone else's guilt.

As you know, It's never the state's burden to prove to the jury others were involved or weren't involved for that matter.

They only burden they have in the Merritt case is prove the one accused, and on trial is guilty BARD. CM.

Oh I read a post about the hearing yesterday that the judge ruled none of what DK has said can come in? If so, how does that affect what his ex girlfriend said he said? Tia.

Imo

 

[oceanblueeyes]

Oops. Duplicate post self deleted.

 

[missy1974]

@oceanblueeyes

TR, DK's friend or ex gf... all we know is what I posted in post #207, and that is from OS's. She went to both the investigators (I don't know that it was the FBI) and the defense on Oct 26, it says the confession came 2 weeks previous.

The Judge has ruled that Tracey can testify and she can testify about the confession. What I got from the judge yesterday is that any comments DK made and his background cannot be brought up. EIP transactions before and after the disappearance can be, the sale of the business can be brought up, and this testimony about DK confessing can be.

Of course I am assuming this is just until DK testifies if the Defense calls him. I am not sure if they will be limited if that happens.

 

[mrjitty]

@oceanblueeyes

TR, DK's friend or ex gf... all we know is what I posted in post #207, and that is from OS's. She went to both the investigators (I don't know that it was the FBI) and the defense on Oct 26, it says the confession came 2 weeks previous.

The Judge has ruled that Tracey can testify and she can testify about the confession. What I got from the judge yesterday is that any comments DK made and his background cannot be brought up. EIP transactions before and after the disappearance can be, the sale of the business can be brought up, and this testimony about DK confessing can be.

Of course I am assuming this is just until DK testifies if the Defense calls him. I am not sure if they will be limited if that happens.

Confessions are an exception to the hearsay rule.

So that is why she can testify to that but not to other comments DK may have made.

 

[Niner]

Day 15 looks like it's missing the 402 hearing they held with Dr. Rudin

Okay - I had that on Day 16 - that's why I was a bit confused. THANKS!

and THANK YOU Tortoise!

For some reason those 2 days were grouped together for me...

 

[Niner]

Thursday, February 7th:
*Trial continues (Day 17) (@ 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 thru 6 – reference post #1180 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #2
Skipping Day 7 thru 11 – reference post #1121 here: CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #3
1/28/19 Day 12: State witnesses: Susan Heckaman, worked for Geis Construction. Jeffrey Martin, Martin's company (Geis Construction) did business with McStay's company. Dr. Chanikarn Changsri, medical examiner. Trial continues 1/29.
1/29/18 Day 13: State witnesses: Elva Fonseca, used to work for Merritt. Joseph Steers, was a detective with SDSD. Diana Wright, FBI forensic examiner. Sergeant Ryan Smith, lead detective. Field trip tomorrow for the jury, they will not be in court No court tomorrow (1/30). Trial resumes Thursday morning (1/31).
1/30/19 Day: Jurors visit grave site. Trial continues 1/31.
1/31/19 Day 14: State witnesses: Det. Ryan Smith. Carmen T. Garcia, worked for Metro Sheet Metal from 2007. Michael Dominick Bosillo, works for T-Mobile in Dallas, Custodian Records Testifier. David Lipnitzky, custodian of records from AT&T. No testimony on Monday or Tuesday, Tuesday late morning (~10:30am) they will be discussing motions. On Tuesday 2/5 they are going to meet & take video depo of Ryan Baker, the customer service rep from Quickbooks. Jury back on Wednesday, 2/6.
2/4/19 - Dark
2/5/19 Day 15: Trial today w/NO JURY. 402 Hearing. Expect arguments regarding testimony from the QuickBooks rep that spoke to a "Joseph McStay" on Feb 9, 2010, however prosecutors say the phone used to make the call was Charles Merritt's. The gist is Ryan Baker, QuickBooks customer service rep is having surgery and prosecution wants to have him appear via video before surgery on Thursday. Defense says they want him there. Defense says they have not been given doctor's notes to prove the witness is having surgery or to prove he cannot travel. They are now arguing about the process of testifying by Skype. Dr Leonid I Rudin is a professional photogrammeographer. Master of Science in Mathematics and Phd in Photography. Testifying re truck leaving the Fallbrook home. Judge says to come back tomorrow at 10:30. The defense says that at 9am, they want to have a meeting about the lack of timely discovery from the state.
2/6/19 Day 16: Judge delaying Rudin’s testimony until Feb 19th. Video/Skype testimony from Ryan Baker, QuickBooks customer service rep. re. phone call received on Feb 9th 2010 asking QB to delete their EIP QB records, claiming to be from Joseph McStay. Michael Russ, Crime Scene Specialist, about the Faro Scan & processing of Merritt's truck in 2014. Legal argument follows outside presence of jury regarding rescheduling of witnesses, court may be dark on Monday 11th, defense wants more discovery from pros. re google earth cell tower mapping, Boles' expertise, & the expertise of their additional cell mapping expert who may be a rebuttal witness to def. expert, & reports from pros. financial analyst, pros. to provide judge with financial graphs & excel spreadsheets 2/7 am, judge threatens to cite def. counsel for misconduct if they raise disallowed material re DK in front of jury. Trial continues on 2/7 @ 9.30 am.

 

[cobalt sky]

Confessions are an exception to the hearsay rule.

So that is why she can testify to that but not to other comments DK may have made.

I was just going to post a question about this! I was wondering, if there is absolute proof that DK was in Hawaii and that he was in no way involved, why would the court even allow this woman to testify? Isn't that just a huge waste of time that might confuse the jury? So why is it even being allowed? From your comment Mrjitty it sounds like since it was a confession it has to be allowed, even if there is proof that it would be impossible for him to be involved?

 

[asyousay]

I was just going to post a question about this! I was wondering, if there is absolute proof that DK was in Hawaii and that he was in no way involved, why would the court even allow this woman to testify? Isn't that just a huge waste of time that might confuse the jury? So why is it even being allowed? From your comment Mrjitty it sounds like since it was a confession it has to be allowed, even if there is proof that it would be impossible for him to be involved?

I don’t think we have seen that there is concrete proof he was in Hawaii as of yet.

I know they have flight details but that’s not concrete proof.

 

[mrjitty]

I was just going to post a question about this! I was wondering, if there is absolute proof that DK was in Hawaii and that he was in no way involved, why would the court even allow this woman to testify? Isn't that just a huge waste of time that might confuse the jury? So why is it even being allowed? From your comment Mrjitty it sounds like since it was a confession it has to be allowed, even if there is proof that it would be impossible for him to be involved?

It's possible he did "confess" even though he didn't do it. So IMO correct to allow the witness