EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Friday, September 4, 2015

Undisclosed Extra: An Audio Answer to an 11th Twitter Question on My Blog

I recorded 10 responses to Twitter questions for Monday's Undisclosed Minisode. I passed 10 of them along to our sound editor, leaving on additional Twitter question and answer. Here's the raw audio for that answer, in which I discuss one of my favorite Supreme Court cases, which involves none other than Detective William Ritz:

Play: Play Gray


Download Download Gray.wav



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Off topic to this post, but its a point that is killing me regarding Adnan asking for a ride. Typically any witness who knows something that tjey shouldnt know, automaticaly boosts their credibility. In March during Jays second interview, he says Adnan planned to kill Hae in her car by asking for a ride because his car was in the shop. That detail about the car in the shop is the only bit of circumstantial evidence that I find credible to convict Adnan, because Becky testified to the same thing in April, AFTER Jays wecond interview.
So how did Jay know that detail?
Its giving me sleepless nights.

Posted by: anon | Sep 4, 2015 1:08:55 PM

Is there anyway you can make this an mp3? My computer won't play wav files.

Posted by: Shaun | Sep 4, 2015 1:24:46 PM

Correction: It was Debbies interview in April, not testimony.
Her interview occured after Jays inrerview. So we cant claim leading the witness here.
Does someone have a theory I missed?

Posted by: anon | Sep 4, 2015 1:52:00 PM

anon: I think the relevant dates are: (1) 2/28: Jay's 1st interview. He says he has no idea how Adnan got in Hae's car; (2) 3/1: Krista's interview. She mentions Adnan asking Hae for a ride; (3) 3/15: Jay's 2nd interview. He relays the same story as Krista.

Shaun: Unfortunately, no.

Posted by: Colin | Sep 4, 2015 1:56:49 PM

Thanks Colin.

But in March Jay adds the bit about Adnan getting in Haes car by saying his car is in the shop.
In April Debbie also mentions the car being in the shop.
No one else to my memory mentions that Adnan asks for a ride because the car was in the shop.
If Jay is not telling the truth, he should not know that bit of detail. Unless he is friends with Debbie.

Posted by: anon | Sep 5, 2015 1:52:30 AM

anon: Krista ostensibly tells the detectives on March 1st that Adnan asked for a ride because his car was in the shop (or because his brother had it) because that's how she testified at trial. As Krista later told me, this was just speculation because Adnan's car had been in the shop and his brother often borrowed it. Later, on Mach 15th, those same detectives interview Jay, who previously didn't know how Adnan got in Hae's car. Now, her suddenly recalls that Adnan told Hae he needed a ride because his car was in the shop.

Later, in April, Becky tells the detectives that she heard about Adnan asking Hae for a ride because his car was in the shop. Presumably, her information came from Krista.

Posted by: Colin | Sep 5, 2015 2:57:23 AM

Anon. You have remember that the cops are giving Jay info that he then regurgitates back as so called evidence.

Posted by: Linnette | Sep 5, 2015 3:20:21 AM

Thanks. I will read Krista's interview then.

Alternatively, this circumstancial evidence of asking for a ride could be meaningless. Jay has several versions about it, and the students have several versions of it. Therefore it is probable that some two versions might intersect.

Posted by: anon | Sep 5, 2015 12:20:52 PM

If I recall correctly Adnan tells the detectives when they call him the night of her disappearance that he asked Hae for a ride... "But something came up and I guess she got tired of waiting for me." This is strange in Adnans own words. Is this correct? Jay I think was in the car with him when he got the call.

Posted by: Paul H | Sep 6, 2015 8:03:13 AM

Off topic question: In today's Serial Dynasty, Bob references a cover letter from Lens Crafters to Urick. Did Gutierrez have this letter? If not, could it be considered Brady material?

Posted by: Michael | Sep 6, 2015 9:23:39 AM

Colin...I converted the .wav file into a .mp3 file...may I post it here for Shaun?

Posted by: Wendy | Sep 6, 2015 9:50:55 AM

Paul H: That is basically what Adnan said, according to Officer Adcock, who called him.

Michael: I'm not sure whether Gutierrez had this letter.

Wendy: Sure, thanks.

Posted by: Colin | Sep 6, 2015 10:46:07 AM

Assuming all goes well for Adnan and he has a new trial and is found not guilty will there be any consequences for Urick, Ritz, McGillivray and Jay?

Posted by: Mary | Sep 7, 2015 4:42:42 PM

From a legal evidence perspective, how is testimony viewed from a witness who:
1. Admits to being under the influence of a mind altering substance during events in question?
2. Admitedly and testified to be some one who often does not tell the truth?

Does that impact admissability of evidence?
How does the mechanism of lying under oath work?
Seems anyone can get away with it to me based on this case.

Posted by: anon | Sep 7, 2015 9:29:30 PM

I haven't read the transcripts, but from what I know of Adan's lawyers work, she should have grilled jay on those points, and emphasized it in closing argument. But as Colin told us in the episode yesterday, his lawyer stipulated to the entry of the video and hae's diary into evidence. Pretty stupid lawyer.

Posted by: Linnette garber | Sep 8, 2015 10:53:12 AM

Mary: It’s tough to say. If Adnan wins on his ineffective assistance claim, there would be no consequences. If there’s, say, a Brady violation, there could be consequences.

anon: The honest answer is that it depends on the jury.

Linette: Yes, there were far too many stipulations in this case.

Posted by: Colin | Sep 8, 2015 11:33:39 AM

This is just my opinion – if Adnan was a paramedic: don't they take in an oath they won't do harm to any patient? I believe this proves his innocence.

Posted by: Dia | Sep 8, 2015 2:34:59 PM

I have forgotten this detail: was the DNA evidence taken from Hae's body destroyed? If it wasn't can it be tested against the killer/rapist that was mentioned on Serial?

Posted by: Dia | Sep 8, 2015 2:52:41 PM

Professor Miller, you mention in the podcast that you believe Hae's diary was hearsay and shouldn't have been admitted as evidence. Can you explain? Is it because Hae couldn't explain or give any context? Thank you.

Posted by: Seamus McBoogie | Sep 9, 2015 11:38:03 AM

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