Monday, July 6, 2015
Breaking Down the Possibilities Assuming Stephanie Was Honest & Accurate About Her Call to Adnan
On last week's Addendum Episode of the Undisclosed Podcast, we discussed Stephanie's statement to Adnan's private investigator that she recalled calling Adnan's cell phone between 4:15 and 5:30 P.M. on January 13, 1999. According to Stephanie, (1) she made this call from Parkville High School after getting bored while waiting for her basketball game; and (2) Jay was with Adnan at the time of the call. Stephanie's game was at 6:30 P.M., Stephanie recalled getting on the bus to the game between 3:30 and 3:45 P.M., and a bus ride from Woodlawn to Parkville would likely take around 30 minutes. Therefore, 4:15 P.M. is probably when Stephanie arrived at Parkville High School, and 5:30 P.M. is probably when the team started stretching, warming up, etc.
Now, as we discussed in the Episode, it's certainly possible that Stephanie was mistaken or lying about the call. For purposes of this post, however, let's assume that Stephanie indeed made the call that she described to the private investigator. What would that mean? We have three calls that are possibilities.
The 4:27 P.M. Call
At 4:27 P.M., there was an incoming call that pinged the L654C tower and lasted two minutes and fifty-six seconds. I don't put much stock in cell tower pings, but the ping would tend to place Adnan's call phone southwest of Woodlawn High School. I have reason to doubt that this could be the call that Stephanie is describing because it occurred a mere 12 minutes after Stephanie ostensibly arrived at Parkville High School. It's hard to see Stephanie getting bored that quickly after arrival, but I suppose it's a possibility.
It's also possible that Adnan didn't go to track practice on January 13th, but it's a slim possibility. Jay consistently says that he dropped Adnan off at track practice on 1/13, Adnan recalls going to track practice on 1/13, and Coach Sye gives a statement that is (only) consistent with seeing Adnan at track practice on 1/13. Jay also says that Adnan said "goodbye" to his track teammate Will when he picked him up from practice on 1/13. It's tough to imagine Jay fabricating this detail, but I suppose that you never know with Jay.
By far the likeliest scenario, then, is that Adnan was at track practice on 1/13. We have two possible start times for track practice: 3:30 P.M. and 4:00 P.M.
3:30 P.M. Start Time
I don't see this fitting with Jay and Adnan being together for the 4:27 P.M. call. If track practice starts at 3:30 P.M., it's hard to believe that track practice is over by 4:27 P.M. call, with Adnan and Jay already southwest of Woodlawn. That would make practice less than an hour. I also can't see this call taking place before Adnan goes to track practice because he would be more than an hour late for practice. That would be very conspicuous, and Coach Sye recalls Adnan being on time on 1/13.
4:00 P.M. Start Time
I also don't see this fitting with Jay and Adnan being together for the 4:27 P.M. call. Certainly, if track starts at 4:00 P.M., it is not over by 4:27 P.M. I also can't see this call taking place before Adnan goes to track practice because he would be more than half an hour late for practice. This wouldn't be as conspicuous as being over an hour late, but it would still be pretty noticeable. That said, Jay does say that Adnan was late for track practice; however, he also said that Adnan had to run due to being late, which is inconsistent with it being Ramadan. That said, if you tend to believe that Adnan is guilty, this is the "Stephanie is being honest and accurate scenario" that would most support your case.
The 4:58 P.M. Call
At 4:58 P.M., there was an incoming call that pinged the L654C tower and lasted 19 seconds. Again, this is the tower that tends to cover the area southwest of Woodlawn High School. Many people think that this is Adnan calling Jay to tell him to pick him up from track practice. At this point, Stephanie would have been at Parkville for about 43 minutes, which would explain her boredom. That said, would she only talk to Adnan and/or Jay for 19 seconds, especially on her birthday?
3:30 P.M. Start Time
Obviously, this call couldn't have happened before Adnan went to track practice because Adnan would be at least an hour and a half late. Could this call take place after track practice? Both Adnan and Coach Sye have seemingly made statements consistent with track practice starting at 3:30 P.M. and possibly ending between 4:30 P.M. and 5:00 P.M. Therefore, this call definitely could have occurred after track practice. In this scenario, there's no call (or at least no call to Adnan's cell phone) asking for Jay to pick Adnan up from track practice; instead, Jay knows to pick Adnan up from practice sometime between 4:30 and 4:45 or so, and the pickup has already occurred at the time of this call. If you tend to believe Adnan is innocent, this is the "Stephanie is being honest and accurate scenario" that would most support your case because...
4:00 P.M. Start Time
It's pretty unlikely that this call happened before Adnan went to track practice; Adnan would be over an hour late for practice. Could this call take place after track practice? No. For that scenario to work, practice would have to be less than an hour.
The 5:13 Call
There's a 5:14 P.M. call on Adnan's call log, but it turns out that this call was unanswered and went to voicemail. Adnan's call log, however, does not reflect a 5:13 P.M. call that pinged the L651A tower and that was apparently dropped at some point. The L651A tower covers Woodlawn High School. 5:13 P.M. was almost an hour after Stephanie arrived at Parkville, so she certainly could have been bored by that point. That said, we're not even sure that this was an incoming call, and Stephanie makes no mention of the call being dropped.
3:30 P.M. Start Time
Again, Both Adnan and Coach Sye have seemingly made statements consistent with track practice starting at 3:30 P.M. and possibly ending between 4:30 P.M. and 5:00 P.M. As I said on the podcast, my best bet for the Stephanie call being legitimate is Adnan calling Jay at 4:58 P.M. asking to be picked up from practice, followed by Stephanie calling at 5:13 P.M. when Jay and Adnan are together after practice. This scenario seems to make a lot of sense.
4:00 P.M. Start Time
When Coach Sye testified at trial, he stated that "[p]ractice was every day after school, after their study hall, from [a]pproximately 4:00 to 5:30, 6." (2/23/00 Tr. 101). Interestingly, this doesn't work with the 5:13 P.M. call because Adnan wouldn't be with Jay during track practice. Therefore, for the 4:00 P.M. start time to work with this scenario, you have to believe that track practice ran from 4:00 to 5:00 P.M., despite nobody making that claim. Moreover, if you believe that Adnan called Jay on his cell phone at the end of track practice, practice would have been less than an hour (4:00 start; 4:58 call).
Conclusion
I don't know whether Stephanie was being both honest and accurate about her call between 4:15 and 5:30 P.M. on January 13th. If she was both and Adnan was at track practice on 1/13, you have the six possibilities outlined above. Depending upon which version you believe, the call could either help or hurt Adnan. Of course, you might also think that Adnan didn't go to track practice at all on 1/13, but that would create a very different version of events than anything we've heard.
-CM
https://lawprofessors.typepad.com/evidenceprof/2015/07/on-last-weeksaddendum-episodeof-the-undisclosed-podcast-we-discussed-stephanies-statement-to-adnans-private-investigator-tha.html
Comments
Shaun: Stephanie had a cell phone. Adnan called it at 7:49 an 9:01 P.M. on 1/12/99:
http://serialpodcast.org/maps/cell-phone-call-log
Edit: I stand corrected. Apparently, the number listed on the Serial website was Stephanie's private landline. It is unclear whether Stephanie had a cell phone on 1/13/99.
Posted by: Colin Miller | Jul 6, 2015 8:37:40 AM
But none of this really matters if you believe that Adnan murdered Hae before track practice and was slightly late as Jay describes?
Posted by: Paul | Jul 6, 2015 9:08:06 AM
If you believe: (1) Stephanie was honest and accurate about the call; and (2) Adnan was slightly late to track practice, you likely have 3 options: (1) track started at 3:30 P.M., Adnan was slightly late, and Stephanie called at 4:58 P.M.; (2) track started at 3:30 P.M., Adnan was slightly late, and Stephanie called at 5:13 P.M.; or (3) track started at 4:00 P.M., Adnan was slightly late, and Stephanie called at 5:13 P.M.
Posted by: Colin Miller | Jul 6, 2015 9:28:03 AM
It could be that Stephanie was told by whomever answered the phone that the other was with them when they were not, or that the answerer told her the two were just about to meet (would fit with the 4.58 call), or had just separated (ie 4.27 and slightly late). That would be an honest and accurate recollection of the call, whether or not the answerer was telling her the truth.
Posted by: Anotheranon | Jul 6, 2015 10:38:59 AM
Colin: Is it possible that track started at 3:30 pm, Adnan was on time, but Sye let him out early because it was Ramadan? Since Stephanie was on the bus for ~30 minutes, she'd have had time to get bored.
From what you said, I'm not sure it's possible to rationalize any of the calls with Stephanie's report, but it's hard to say. Are there phone records from other days when the conversation might be more plausible?
Posted by: LMM | Jul 6, 2015 10:51:57 AM
Anotheranon: Good point. If she only talked to Jay, that would open things up more. If she talked to Adnan, however, the analysis from the post still applies.
LMM: Jay says that Adnan said goodbye to his track teammate Will as he left practice. This makes me think he left on time. At one point, maybe I will track down the Woodlawn Girl's Basketball schedule. But would Stephanie be mistaken about a call on her birthday?
Posted by: Colin Miller | Jul 6, 2015 11:05:32 AM
I personally believe that this call didn't happen at all. In her first interview, Stephanie says she had no contact with Adnan after she got on the bus. And says she didn't talk to Jay until 11:30pm. For what it's worth, according to notes of Ritz's pre-interview of Jay, "Stephanie has a cell phone. (410) – Has new one" unclear if this means newer than 1/13.
Posted by: Haifa | Jul 6, 2015 11:13:43 AM
What time did Adnan place this phone call in his timeline he gave to the defense?
Posted by: Seamus Duncan | Jul 6, 2015 11:18:59 AM
Halfa: Yes, now I really want to know when Stephanie got her cell phone.
Seamus: Neither Adnan nor Jay mentions a phone call from Stephanie. This would tend to support the theory that there was no call because you think that at least one of the two would have mentioned it.
Posted by: Colin Miller | Jul 6, 2015 11:21:19 AM
Stephanie mentions that she was bored while waiting for the game to start so she and “some fellow teammates began to make phone calls.” There are a few things it would be interesting to know:
1) How were those phone calls made? Did one or two people have a cell phone and they shared their phones, or did everyone each have their own cell phone? (Cell phone ownership in 1999 was not as common as it is today.) Were they all gathered around a pay phone or bank of pay phones? (Are there pay phones at Parkville High?
2) Who were the other teammates making the phone calls? I’m assuming they were never spoken to or named to detectives, but if there were a group of friends around a phone they would have heard Stephanie speak with her boyfriend and/or Adnan. She mentioned her other teammates for a reason, I think. She didn’t say, “I was bored so I called Adnan.” They must have either been sharing a phone or phones, or in close proximity to one another.
Now, I ask these questions knowing full well that 15 years later those other teammates most likely don’t remember the day in question, especially if they were never told that an hour or so of bored phone calls were significant to a murder investigation. Anyone remembering these details is highly unlikely, but I do wish the PD would have digged a bit deeper. If it’s determined that the phone call was most likely never made due to the absence of a phone, the timing of it is moot.
Posted by: Shaun | Jul 6, 2015 11:25:23 AM
It suggests the call happened a different day or that Adnan chose not to tell his lawyer because the call out him and Jay together at an incriminating time, such as 4:27.
Posted by: Seamus Duncan | Jul 6, 2015 11:54:15 AM
Shaun: Yes, these are very good questions.
Seamus: Really, the only incriminating time would be 4:27 P.M. If there were a call at that time, though, why wouldn't Jay mention it? It would be a pretty memorable call for him, given that it was Stephanie's birthday. It also would fit in well with Jay's story about Adnan being late for practice. And yet, he never mentions it, and Stephanie never mentions it to police.
Posted by: Colin Miller | Jul 6, 2015 11:58:11 AM
I'm disinclined to believe the phone call ever happened because she never mentions it again. Further, we don't have her actual words, just the investigator's summary and it's possible he misunderstood.
Even so, it's possible she called Adnan's phone, got Jay, and just assumed Jay and Adnan were together or was told afterward he and Adnan were together by Jay. Adnan had only had the phone one day: no one would expect he would loan it out ( and Jay sort of admits on cross Adnan didn't give him the phone). So it wouldn't be a stretch for her to assume Adnan was there without having spoken to him.
Posted by: Bacchys | Jul 6, 2015 12:13:51 PM
It would make sense that Jay wouldn't mention it if it was Adnan who answered the phone.
Posted by: Frampton | Jul 6, 2015 1:48:05 PM
Bacchys: That's a good point.
Frampton: Stephanie said that Jay was with Adnan when she called. Ostensibly, that means that either both talked to her or that Adnan/Jay said, "I'm with Adnan/Jay" when talking with her. It's tough to imagine a scenario in which Jay is unaware of Stephanie calling if he was with Adnan when the call was answered.
Posted by: Colin Miller | Jul 6, 2015 1:50:51 PM
You made a post on April 30, 2015 about the wrestling match vs. Randalstown basketball game with an image from the Baltimore Sun (http://undisclosed-podcast.com/docs/2/Baltimore%20Sun%20-%20High%20School%20Sports%20-%201-13-1999.pdf) from January 13, 1999. If you look at that image it shows under Schedule, Girls Basketball a game between Woodlawn and Parkville, starting at 6:30 p.m.
Posted by: kaseyf | Jul 6, 2015 2:23:52 PM
I get the accurate part, but it is hard for me to believe that so many people were dishonest and framed Adnan. That seems unlikely to me. If they were all in it to frame Adnan, one of them would probably have broken their silence by now.
Posted by: S | Jul 6, 2015 3:31:32 PM
I am definitely conflicted as to whether Stephanie's story is credible. On the one hand, there is evidence in the newspaper that she did play Parkville that day; on the other hand, it seems odd that she only remembered the conversation two months later, after Adnan's arrest and after hearing Jay's version her (fallible) memory could have reorganized to accommodate Jay's discussions with police. Particularly if emotionally conflicted as to whether to believe Jay.
Posted by: Anonynon | Jul 6, 2015 4:48:44 PM
Jay wouldn't mention the call because that would bring his girlfriend into the case. I'm sure Stephanie also had mixed feelings about giving information that made the case against both her boyfriend and her good friend Adnan to the police.
Posted by: Seamus Duncan | Jul 6, 2015 8:47:56 PM
Kaseyf: Thanks.
S: The weird thing about Stephanie’s call, though, is that it likely helps Adnan. As I’ve outlined in this post, there’s one (unlikely) scenario that hurts Adnan and a few (likely) scenarios that actually help Adnan.
Anonynon: I know exactly what you mean.
Seamus: So, Jay has no problem saying that he saw Stephanie at Woodlawn at 3:00 P.M. on 1/13, but he protects Stephanie by failing to say that she made a completely innocuous call from Parkville High to Adnan’s cell phone between 4:15 and 5:30 P.M.?
Posted by: Colin Miller | Jul 7, 2015 3:03:11 AM
Professor,
Please clarify if legaly this is even considered evidence: somebody claimin tjat someone else was with you over the phone. Iwan its at least not eyewitmess testimony. Is it hearsay?
Posted by: anon | Jul 7, 2015 6:14:11 PM
Professor, Let me write this question again.
Please clarify if legaly this is even considered evidence: Stephanie claiming that someone else was with Jay over the phone. It is not eyewitness testimony. Is it hearsay?
Posted by: anon | Jul 8, 2015 9:03:17 AM
Unless she heard Adnan speak in the background it wouldn't be hearsay
Posted by: Ben | Jul 9, 2015 7:26:30 AM
I could be mistaken, but wasn't it confirmed somewhere that Stephanie didn't have a cell phone? Was this alleged call supposed to have been made from the cell phone of one of her friends, or did she go find a pay phone?
Posted by: Shaun | Jul 6, 2015 8:32:33 AM