CA - Joey, Summer, Gianni, Joseph Jr McStay Murders - Feb 4th 2010 #6

[Longtimenoc]

Not sure what you mean.

I mean that JM whose increasing net worth has been documented here, is not likely to give free access to his business and family finances. Especially to his subcontractor. Not partner in any way.

 

[missy1974]

Hmmmm, maybe he was thinking that if he was convicted he could get a new trial due to ineffective assistance of counsel ?

He fired them though LOL so not relevant anymore, I don't think?

 

[missy1974]

It says Dan Basin not Dan k

I think it says Dan BA Sav >>>> Dan Bank of America Savings with the account number after it.

 

[Bernina]

Honestly, I don't think the searches for passports, Mexico, etc, have anything to do with this case. That's like saying the color of the Pods have something to do with this case.
No one went to Mexico, no one got passports, the family wasn't found in Mexico, the Trooper or Dodge wasn't found in Mexico, the dogs weren't in Mexico.
JMO....deflection by the defense.

 

[missy1974]

One of the videos is up from this morning... jury was not present. Not word for word.. judge tends to babble and mumble lol

9:40ish of video

Sometime after the bodies were discovered, there were 1 or 2 internet searches in regard to changing identity. No evidence that the defendant took any steps to attempt to change his identity or move, or anything of that nature. Court concluded at that time, the fact that there was a search related to change of identity…. the title of the search was "how to change identity, the strange story of the McStay family"… just the title of it might suggest that it was the family that changed their identity. McGee says that just so the court's aware, that Summer changed her identity.. Judge: so Mr. Merritt was interested in that? (ME: LOL) McGee says that it wasn't a search, it was something that uploaded from something else. blah blah blah… he excluded it under evidence code 352.

People have filed a motion for reconsideration. They have listed a number of items on the phone… most of those judge still believes is not relevant, and an undue consumption of time. There are 3 items however that are potentially relevant…. one was on Dec 10 2013, Merritt has a screenshot of Mr. McStay's cell phone records and it also included McStay's contact list, also there were a number of photographs that were downloaded or screenshots of the memorial, where the bodies were buried, one of which had Mr. Merritt standing by one of the crosses (he is not sure if it's relevant), the photographs included the general area and the tire tracks, those by themselves the overall scene pictures aren't particularly relevant, however one of the photographs or screenshots, one was a close up of the tire tracks.. that one the judge thinks is more significant. And a search related to US borders. If you put those together that someone is downloading of closeups of tire tracks … and searches on change of identity, if we put it all together .. inferences and arguments can be drawn… and it will consume some amount of time but… Allowed the people to put on evidence with regard to close up photo of tire tracks, the inquiry about US borders, reference to changing identity, and screenshot of Joey's cell phone records and contact list . Other screenshots… articles, memorial, etc. is being excluded.

There is more but I need to eat LOL Will be back! the playback is smooth...thank goodness!

 

[Tssiemer]

Hmmmm, maybe he was thinking that if he was convicted he could get a new trial due to ineffective assistance of counsel ?

The jury is not sequestered right? I’m having a hard time remembering testimony between the long delays, how are they dealing with it?

 

[dlkutac]

Honestly, I don't think the searches for passports, Mexico, etc, have anything to do with this case. That's like saying the color of the Pods have something to do with this case.
No one went to Mexico, no one got passports, the family wasn't found in Mexico, the Trooper or Dodge wasn't found in Mexico, the dogs weren't in Mexico.
JMO....deflection by the defense.

At one point, I thought perhaps Chase had premeditated these murders, setting up the searches in advance as further evidence the family disappeared into Mexico. But now, after hearing about the three minutes of searching for passports for children, etc., I believe it did play into these murders, but not as premeditation. Joey may have mentioned to Chase that he was thinking about taking the family on a surfing trip to Baja, Mexico, and that's where Chase got the idea to park the car at the border. It's really looking like Chase started the ball rolling with the Feb 2 check, thinking he could weasel out of it, but then something happened on the 4th which caused extreme anger and a mental break, probably not at Joey's house, which resulted in the heat of the moment death of Joey, and then snowballed into covering his tracks by killing the rest of the family to cover up what Summer may or may not have known, and the kids simply because they could recognize him.

 

[mom2chloe]

If today ended with jurors last thoughts being of the checks, CM’s screenshots of QB and contacts list, photos of tire tracks and CM in the area with a cross, I consider this a win.
Thanks to all for comments and enduring whatever tech problems have been involved. I’ve been at work all the days that court has crawled so slowly and appreciate everyone’s input. Thanks again!
FWIW, I think the previous searches about kids needimg whatever to get into Mexico were because CM wanted to disappear, as evidenced by the inquiries into how to change your identity. CM is a coward who didn’t have what it takes to disappear himself even when he knew what was coming down the road. MOO

 

[missy1974]

If today ended with jurors last thoughts being of the checks, CM’s screenshots of QB and contacts list, photos of tire tracks and CM in the area with a cross, I consider this a win.
Thanks to all for comments and enduring whatever tech problems have been involved. I’ve been at work all the days that court has crawled so slowly and appreciate everyone’s input. Thanks again!

BBM This was not in testimony at all today, and not all will be admitted into evidence. It was information we heard before testimony this morning, they were motions filed by the State.

 

[missy1974]

continued at 18 minutes, again, not word for word... going to make a coffee and watch testimony from yesterday and make notes! LOL

Defense wants to renew their motion to include a comment that DK made that he knows how to you did me dirty in business deals and I know how to make people disappear if anything happens, they will find your bones in the desert and you are doing me dirty in this business deal. Hanke will testify that DK said he felt that he was done 'dirty' by Joseph by hiding all the accounts in custom. blah blah blah… the courts excluded that and we should be able to bring that in that he made threats to other people consistent with what happened to the McStay's under the same circumstances. Judge says not the same standard … we've had extensive discussion, and hes already ruled that under circumstances that it's not relevant… reason for that, allegedly made a short time after the bodies were found, so anyone that knew them and knew the circumstances… the comments are not relevant. Judge: not going to re-argue that motion. McGee said you are already allowing in 3rd party culpability evidence, so it all comes in if it's relevant. Judge: that's not true. McGee: fact is they are making this a financial crime saying he stole 20k, Mr. Kavanaugh profited a quarter of a million dollars after they disappeared. Judge: indicated dealings between DK and McStay and EIP, I will allow you to go into that, any monies that you allege that DK took from the business or was paid or from the sale I have already ruled that it is admissible.


Because McGee brought up Hanke testifying about Dan… the prosecutor pre-emptively goes into objections, beyond the scope, etc. It's determined that the defense can recall Hanke after Dan testifies in their case in chief (another indication that they and not the State will call him as a witness)

 

[Reachingfornettles]

Honestly, I don't think the searches for passports, Mexico, etc, have anything to do with this case. That's like saying the color of the Pods have something to do with this case.
No one went to Mexico, no one got passports, the family wasn't found in Mexico, the Trooper or Dodge wasn't found in Mexico, the dogs weren't in Mexico.
JMO....deflection by the defense.

Ironically they had video of that a couple with 2 kids walking to the border, and that I'm sure that was the plan to say they went to Mexico to go surfing, hence more delay and confusion. So I do believe that the searches matter, maybe not premeditated before the murders but he knew all the details of his life and business making it very easy for him to think of every possible way to detour the investigation.

 

[mom2chloe]

This is what I am thinking now ... that Merritt's phone had some connection issues. Whether it was his phone or his provider, I'm not sure. I have some snips of his records and I see "patterns". LOTS of short calls. It will be interesting to get someone on the stand that focuses on the cell records and only the cell records. This testimony that jumps around is terrible.

Perhaps likely that he was traveling?!

 

[Sharyne]

He fired them though LOL so not relevant anymore, I don't think?

No, but maybe he was thinking about that at that particular time...maybe guilty conscience or trying to find a way upset the trial to come.

 

[Sharyne]

The jury is not sequestered right? I’m having a hard time remembering testimony between the long delays, how are they dealing with it?

No, not sequestered. Same here. I have been following the case since they first went missing, including the Court TV forum and other forums. Of course there wasn't much info coming from the authorities, so all I have to go by are a few facts that somehow LOL accidentally got in the news. I watch a shows on a channel that shows only true crime stories. And to be honest, it seems to me more murders are because of love/hate situations, jealousy and envy and then money.

 

[missy1974]

Perhaps likely that he was traveling?!

From what some local posters have said, it could have been. Sometimes phones are just crap too LOL

 

[Bernina]

27:15 Intuit only kept audio recordings for a few months

 

[katydid23]

27:15 Intuit only kept audio recordings for a few months

"27:15 Intuit only kept audio recordings for a few months"

There goes the defense's accusation that the State did something nefarious with the recording.

 

[Bernina]

Going through the audits with Micheal West, if in FACT, CM had permission to write checks on the custom account, he was a complete moron when it came to using this accounting system. I wouldn't trust him to handle a check book.

 

[katydid23]

He fired them though LOL so not relevant anymore, I don't think?

According to the Opening Statements , McGee seemed to say that Maline was part of the initial defense team, and took over when the other guy got fired

 

[JMarsh]

I mean that JM whose increasing net worth has been documented here, is not likely to give free access to his business and family finances. Especially to his subcontractor. Not partner in any way.

Have you watched yesterday's testimony yet?