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

[JMarsh]

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

Those searches were performed on January 27, before the family went missing. And there were a lot of them. We don't know that Chase was in the McStay home on that day, or that he was ever given access to that computer.

 

[JMarsh]

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.

And the evidence to support this theory is...????

 

[QueenBofOB]

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.

I still think it was premeditated, personally. I have always suspected CM, being the one who was "poisoning" JM, as he has accused SM of doing. To even go so far, as to write some stupid book about it, looks to me like, he was just trying to pull another con. I wonder if maybe JM began to notice, that he seemed to feel strangely ill, usually after their meetings? And maybe by causing JM to feel out of sorts, it was sooo much easier for CM, to start embezzling money?

 

[missy1974]

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

He was not present at the preliminary hearing..

1 SAN BERNARDINO, CALIFORNIA, MONDAY, JUNE 15, 2015
2 -oOo-
3 DEPARTMENT '21' HONORABLE MICHAEL A. SMITH, JUDGE
4 (The Defendant, CHARLES RAY MERRITT, is present with
5 Counsel, JAMES S. TERRELL, JIMMY PHILIP METTIAS,
6 SHARON J. BRUNNER, and DAVID S. ASKANDER, Attorneys at Law;
7 SEAN DAUGHERTY and BRITT IMES are present, representing the
8 People of the State of California.)



Although... so many other things are wrong in those documents, maybe they got that wrong too

 

[missy1974]

Those searches were performed on January 27, before the family went missing. And there were a lot of them. We don't know that Chase was in the McStay home on that day, or that he was ever given access to that computer.

There is going to be some confusion now about searches to Mexico *sigh*

 

[JMarsh]

There is going to be some confusion now about searches to Mexico *sigh*

Those searches are interesting.

 

[missy1974]

From yesterday's testimony, at the 48:00 minute mark, this is about the bookmark that Schroeder testified that someone had accessed that "Free Credit report and score" bookmark. It continues into the 2nd video after the break and after Schroeder reviews a report that the FBI did on the computers. I have included a snip from testimony on Thursday, showing the exhibit that is being discussed.

 

[Mountain Misst]

So I wonder if the "new" account at BA was a personal account for Chase... or another business account? I hope they have testimony that will clear all that up. Why would he have to open a "new" account if he already had one?

To hide his run away money, honey?

 

[dlkutac]

And the evidence to support this theory is...????

Extrapolation based on unfolding events rather than direct evidence, as there does not appear to be any yet. I should have inserted "imo." It comes from thinking about this from both perspectives - premeditated versus not. If it was not, it would most likely be the result of fit of uncontrollable anger precipitating a snowball effect.

Speculation, okay? You can sustain the theory.

 

[Bernina]

To hide his run away money, honey?

Casino cash, baby!

 

[missy1974]

Went looking to see when Maline was retained independent of Mattias. Found this, so I'm thinking in 2016??? Does anyone know? It's kind of hard to google lol Still thought some of information was interesting... especially what I bolded, thought he was trying to delay? Out of curiosity, I am going to go check out the old threads from around that time lol


UPDATE 2/11/16 - Trial date vacated and waiver to May 25, 2016
Hearing set for Feb. 25, 2016 On hiring of counsel. Discover has been recover from former counsel Mettais and retained by David Ferrell until new counsel in place.

UPDATE 2/2/16 - Merritt will be representing himself again. From the court hearing transcript today: COURT ORDERS APPOINTMENT OF DAVID FARRELL AS INVESTIGATOR SHALL REMAIN IN EFFECT.
–
COURT ORDERS THE METTIAS LAW FIRM RELEASE ALL DISCOVERY INCLUDING ALL INVESTIGATIVE AND EXPERT REPORTS TO DEFENDANT THROUGH HIS INVESTIGATOR DAVID FARRELL ON OR BEFORE 2/11/16.
–
HEARINGS
TRIAL READINESS SET FOR 03/25/2016 AT 8:30 IN DEPARTMENT S21.
JURY TRIAL SET FOR 03/28/2016 AT 9:30 IN DEPARTMENT S21; ESTIMATED 0 DAYS.
PRETRIAL SET FOR 03/04/2016 AT 8:33 IN DEPARTMENT %%X %%.
DISPO/RESET HEARING SET ON 02/11/2016 AT 8:33 IN DEPT S21
DEFENDANT ORDERED TO APPEAR ON HEARING DATE.
–
TIME WAIVERS
TIME WAIVER PREVIOUSLY GIVEN.
TIME WAIVED TO 04/04/2016.
SET LAST DATE FOR TRIAL TO 04/04/2016.

UPDATE: 1/21/15 - Merritt will need another attorney. On Friday, Jan. 15, Merritt would not waive his right to a speedy trial which his defense team thought he was going to do, so they asked to be dismissed from representing him. “This was totally unanticipated,” Maline, one of the attorneys from Mattias' law firm said. “(Merritt) wants to not waste time and put it to trial at the end of April, but there’s too much work to be done.” During the hearing today the judge granted the head attorney Jimmy Mattias the dismissal. Next hearing set will be Jan. 26, to get Merritt another attorney.

UPDATE: 1/3/15 - No set date for trial yet. Next hearing is a pre-trial hearing set for January 15, 2016 at 8:30am in Dept. S21A. Defendant ordered to appear. Time waived for trial; plus 60 days. Time waived to March 15, 2016; set last date for trial to March 15, 2016.


UPDATE: 12/8/15 - Pretrial has been set for Dec 17 at 8:30 in Dept. S21. Defendant ordered to appear.

UPDATE 11/6/15 - UPDATE - New Hearing for Chase Merritt set for December 8, 2015 Defense request delay to review case documents.

UPDATE 10/2715 - New hearing, pre-trial set for 11/6/15 at 8:30 in Dept. S21A, defendant ordered to appear.
Time Waived to 1/5/2016

10/2/15 - Merritt was in San Bernardino Superior Court on Friday morning and another pretrial hearing was set for Nov. 6.

UPDATE 9/4/15 - The trial was delayed again when the defense asked the judge for funding for expert witnesses. Attorney Rajan Maline told Judge Michael A. Smith that four motions had been filed with another judge requesting the funding and he requested the next hearing be scheduled for Oct. 2, 2015. I will keep everyone updated but I don't believe the trial will begin till 2016.

UPDATE: 8/19/15 - Next court date is Sept. 7.

 

[katydid23]

He was not present at the preliminary hearing..

1 SAN BERNARDINO, CALIFORNIA, MONDAY, JUNE 15, 2015
2 -oOo-
3 DEPARTMENT '21' HONORABLE MICHAEL A. SMITH, JUDGE
4 (The Defendant, CHARLES RAY MERRITT, is present with
5 Counsel, JAMES S. TERRELL, JIMMY PHILIP METTIAS,
6 SHARON J. BRUNNER, and DAVID S. ASKANDER, Attorneys at Law;
7 SEAN DAUGHERTY and BRITT IMES are present, representing the
8 People of the State of California.)



Although... so many other things are wrong in those documents, maybe they got that wrong too

Charles Merritt could get new attorneys in McStay case – San Bernardino Sun

Charles Merritt could get new attorneys in McStay case

Last week, Judge Smith granted a request by Merritt to relieve him of his defense team, citing a breakdown in the attorney-client relationship. But one of the attorneys, Rajan Maline, was present during Tuesday’s hearing and may still be on board, depending on which way Merritt decides to go.

Maline was under contract by the law firm of Jimmy Mettias, Merritt’s former lead attorney. When Mettias was dismissed, Maline was as well.

But Merritt’s problems with his former attorneys did not necessarily apply to Maline.

“He has expressed the desire to have me on the team, so that’s why I’m here today,” Maline said of Merritt following Tuesday’s hearing.

The issue, Maline said, is whether Judge Smith can even appoint him to defend Merritt because Maline is not on a list of court-approved defense attorneys.

 

[JMarsh]

So there were two accounts, each with separate vendors. And Chase only attempted to cancel the CUSTOM account. He wasn't attempting to cancel Joey's primary account CONTACT.

 

[missy1974]

Charles Merritt could get new attorneys in McStay case – San Bernardino Sun

Charles Merritt could get new attorneys in McStay case

Last week, Judge Smith granted a request by Merritt to relieve him of his defense team, citing a breakdown in the attorney-client relationship. But one of the attorneys, Rajan Maline, was present during Tuesday’s hearing and may still be on board, depending on which way Merritt decides to go.

Maline was under contract by the law firm of Jimmy Mettias, Merritt’s former lead attorney. When Mettias was dismissed, Maline was as well.

But Merritt’s problems with his former attorneys did not necessarily apply to Maline.

“He has expressed the desire to have me on the team, so that’s why I’m here today,” Maline said of Merritt following Tuesday’s hearing.

The issue, Maline said, is whether Judge Smith can even appoint him to defend Merritt because Maline is not on a list of court-approved defense attorneys.

Thanks! I knew he was part of the original team... but he wasn't present at the preliminary hearing (I had looked before) I think even now, Maline isn't with Mettias in a law firm, is he? I wonder if their "performance" at the PH was his reason for firing them?

ETA: according to the stuff I found earlier... they left because he wouldn't waive his right to a speedy trial ... so I guess not!

 

[missy1974]

So there were two accounts, each with separate vendors. And Chase only attempted to cancel the CUSTOM account. He wasn't attempting to cancel Joey's primary account CONTACT.

ohhh you are finally watching testimony! LOL I am not there yet! soon... take good notes so you can help me understand it all! I was able to watch some yesterday though

 

[JMarsh]

Thanks! I knew he was part of the original team... but he wasn't present at the preliminary hearing (I had looked before) I think even now, Maline isn't with Mettias in a law firm, is he? I wonder if their "performance" at the PH was his reason for firing them?

ETA: according to the stuff I found earlier... they left because he wouldn't waive his right to a speedy trial ... so I guess not!

Mettias actually hired Maline, originally. When Chase wanted to part ways with Mettias, Mettias seems to have "quit", Chase then hired Maline, and them McGee came on board.

 

[katydid23]

So there were two accounts, each with separate vendors. And Chase only attempted to cancel the CUSTOM account. He wasn't attempting to cancel Joey's primary account CONTACT.

Of course he wasnt going to cancel the Contact account ----because he didn't mess with the Contact account and write about 15k worth of checks that week. . ...

And that makes no sense with the story Chase tells, that Joey said to start writing his own Custom checks from now on. Why would Joey tell him to do that but then at the same time, tell him to cancel the Custom account?

And that does not work with the other theory, that the Custom account checks were being written because it was the only way to hide them from DK.

And we cannot use the excuse that he wasnt deleting the account, but that he was just transferring it to Desktop. Because the Desktop version cost about 180 bucks upfront and then needs to be downloaded. And that was never done. And he called to delete the account before doing the desktop version.

 

[missy1974]

So there is no longer any confusion.. there were 2 separate accounts, two different subscriptions/fees/emails/usernames.

CUSTOM ACCOUNT - billing started in January 2008 - separate from contact account
Backend user custom account info shows the username (eipcustom) and the email (custom@earthinspiredproducts.com) West testifies that those would be needed to verify the account.


CONTACT ACCOUNT - billing started in September 2005 - separate from custom account.
Backend user contact account info shows username (eipjd) and the email (contact@earthinspiredproducts.com) Again, username and email would be needed to verify account.


starts around 42 minutes

 

[katydid23]

If I remember the past testimony correctly, Chase failed to switch Custom to Desktop, and he failed to cancel the Custom---and he failed because he did not have the necessary passwords. [ I believe he needed the email password]

If Joey really wanted Chase to make those changes, why would he give him the necessary info?

 

[KALI]

WHAT???
What???
Frigging What?
Are you kidding me?
I swear. This bull is going to stop this trial until who knows when.
This judge should be recused from this trial asap.

I pray that the families of these victims are not even showing up for this constant fiasco of a TRIAL.
If this was my family members murdered, I would be beyond incensed.
I would also be VERY vocal.
What a kangaroo Court!

Charles Merritt could get new attorneys in McStay case – San Bernardino Sun

Charles Merritt could get new attorneys in McStay case

Last week, Judge Smith granted a request by Merritt to relieve him of his defense team, citing a breakdown in the attorney-client relationship. But one of the attorneys, Rajan Maline, was present during Tuesday’s hearing and may still be on board, depending on which way Merritt decides to go.

Maline was under contract by the law firm of Jimmy Mettias, Merritt’s former lead attorney. When Mettias was dismissed, Maline was as well.

But Merritt’s problems with his former attorneys did not necessarily apply to Maline.

“He has expressed the desire to have me on the team, so that’s why I’m here today,” Maline said of Merritt following Tuesday’s hearing.

The issue, Maline said, is whether Judge Smith can even appoint him to defend Merritt because Maline is not on a list of court-approved defense attorneys.