EvidenceProf Blog

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

Tuesday, December 8, 2015

Scrutinizing Jay's Claim That Adnan Confessed to Somebody While Driving Jay to Work

Following up on last night's episode of Undisclosed, let's put another of Jay's claims under the microscope. This comes from Jay's second recorded police interview (pg. 64):

Screen Shot 2015-12-08 at 11.40.55 AM

Jay's claim is that Adnan murdered Hae on January 13, 1999. In the above excerpt, Jay is claiming that Adnan drove Stephanie home from school because Jay had Stephanie's car after driving her home from work the morning before. Jay is also claiming that Adnan then drove him to work, with Adnan telling someone, possibly Tayib, that he had killed somebody over the phone during the drive. According to Jay, this ride/call took place 2-4 days after the murder, i.e., January 15-17.

There's an immediate problem with this statement, and it's the same one that applies to the so-called Nisha Call: Jay didn't work anywhere until January 25, 1999. So, for Jay to be right, he has to be off by at least 8 days. Could Jay be referring to any day when Adnan drove him to work at the adult video store? Here was Jay's schedule:

Screen Shot 2015-12-08 at 11.56.35 AM


It's hard to imagine Adnan coming from school (which ended at 2:15 P.m.) and dropping off Stephanie before taking Jay to work the midnight shift (11:45 P.M.), so we can probably rule out all but one of these days.* That leaves February 14th, which was a Sunday and doesn't fit with the school story, so it's out as well.

What about Jay's job at F&M? Here's Jay's work schedule from F&M:

Screen Shot 2015-12-08 at 11.51.53 AM

Ruling out weekend days and shifts that started during or minutes after the school day, that leaves us with (1) Monday, February 1st (6:00-9:30 P.M.; (2) Friday, February 5th (4:00-8:30 P.M.); (3) Thursday, February 25th (4:30-9:30 P.M.).

On February 1st, there are no incoming or outgoing calls on Adnan's cell phone between 4:28 P.M. (over an hour and a half before Jay's shift started) and 6:37 P.M. (over half an hour after Jay's shift started):

Screen Shot 2015-12-08 at 12.08.32 PM

On February 5th, there are no incoming or outgoing calls on Adnan's cell phone before 5:13 P.M. (over an hour after Jay's shift started):

Screen Shot 2015-12-08 at 12.12.06 PM

Regrettably, there are no cell phone records for February 25, 1999, but it's really hard to imagine Jay confusing a call made 3 days before his first official police interview and a month and a half after Hae disappeared for a call that Adnan made 2-4 days after January 13th.

So, it seems like Jay's claim about Adnan confessing to somebody as he drove Jay to work does not survive scrutiny.


*For sake of argument: (1) 1/31 was a Sunday; (2) 2/4: last call was at 9:26 P.M.; (3) 2/5: Last call was at 11:00 P.M.; (4) 2/7: Last call that didn't go to voicemail was at 7:52 P.M.; (5) 2/8: last call was at 10:14 P.M.; (6) 2/9: Last call that didn't go to voicemail was at 5:39 P.M.; (7) 2/16: Last call that didn't go to voicemail was at 2:46 P.M.; (8) 2/17: Last call that didn't go to voicemail was at 6:31 P.M.; and (9) regrettably, we have no call records after 2/18.

So, most of these days make no sense whatsoever because the "last calls" are more than an hour and a half before Jay's midnight shifts started. The one outlier -- February 5th -- is still 45 minutes before the midnight shift.



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Thanks but how many times do we have to beat this dead horse? Undisclosed has proven over and over and over again that nothing Jay says has substance or is based on reality/truth. Hope Justin can use all this information in court.

Posted by: Elizabeth | Dec 8, 2015 10:01:48 AM

oh lord. why bother with this? we know there isn't a single thing Jay said that was factual, except maybe the stuff with Jenn later and the Cathy party. No one saw Adnan break into Hae's car and hide, or riding alongside Hae. No one has admitted to hearing Adnan confess, even 15 years later, scrutinizing Jay's statements at this point is like trying to take a train and eat it piece by piece after you just derailed it with your foot.

Posted by: Matt | Dec 8, 2015 10:06:47 AM

Did this lie help protect any of Jay's friends?

Posted by: TJ | Dec 8, 2015 10:07:19 AM

I certainly don't think Jay is truthful. Is it possible he says "work" instead of explaining that he was getting a ride to his side woman or to hang out with various drug boys?

Posted by: boo | Dec 8, 2015 10:21:43 AM

The dead horse must be beat because there is a wrongfully convicted person sitting in Jail for a murder this dead horse claims was committed by this innocent man. Beat away Collin!

Posted by: Nina | Dec 8, 2015 10:26:59 AM

Thanks Colin. Showing an example of how to scrutinize a witness testimony/story in a methodical way is a good demonstration of how to be a good lawyer. I don't see it as beating a dead horse. These are things Tina should have done.

Posted by: Nathan | Dec 8, 2015 12:23:44 PM

If the horse would just lay down and die, there'd be no reason to keep beating. As long as Jay and the State keep putting forth this bogus theory - the beating continues! I enjoy your post Colin! Please continue.

Posted by: Shi | Dec 8, 2015 2:16:01 PM

Also, just as obvious, isn't it true that there was NO school anytime in the 2-4 days following Jan 13? As I recall :(without going back to look this up, so maybe I'm wrong) it was no school for ice storm, ice storm, weekend, MLK day?

Posted by: SEO | Dec 8, 2015 2:45:12 PM

What they said immediately before that is very interesting:

MacGillivary: Is there anybody that you know of that Adnan told about this murder?
Jay: One hundred percent, no I don't.
MacGillivary: Okay what percent possibly?
Jay: I have to say that....

I'll bet there's a big sigh from MacGillivary on the audio right then.

Posted by: carnotbrown | Dec 8, 2015 3:50:51 PM

Elizabeth and Matt: I agree that everything that Jay says has to be taken with a grain of salt. That said, I still think there’s some merit to continue to consider many of the statements he made.

TJ: I don’t see how it could have.

Boo: Anything is possible, I suppose.

Nina, Nathan, and Shi: Thanks.

SEO: There was no school on 1/14 (snow day), 1/15 (snow day), 1/16 (Saturday), 1/17 (Sunday), or 1/18 (MLK Jr. Day). 1/19 was Eid al-Fitr, so Adnan was absent from school.

Carnotbrown: good catch.

Posted by: Colin | Dec 8, 2015 5:21:07 PM

To the naysayers-

Evidenceprof is not mandatory reading. Colin has not held a weapon to your head, then forced you to read his posts on pain of death.

Here's the thing : a wonderful, kind, and talented young woman had her life snuffed out before it had even started. Her friends and family were robbed of her warmth, her humour, and her presence in their lives.

One such friend, while grieving the loss of someone he loved, was then accused of her murder, thus effectively ending his life. His family a lost a son, a brother, and any sense of dignity, belonging, and pride. To compound that injustice, their money was taken, squandered, and greedily siphoned by someone they trusted to help their boy.

We know Jay is a liar. Every time his lips moved, more lies tumbled out, but it's possible that he too was swept up by corrupt cops, threatened with death, and forced to essentially throw his friend under the bus.

Every single provable lie does two things:

1. Helps impeach Jay, who was basically the State's entire case against Adnan

2. Proves that LE and the State knew all along that none of it was true. How? Because if somebody in 2015 can show, with the documentation the State had, that Jay's statements were about as credible as the tale a three year old tells when they're caught stealing biscuits from the tin ("A monster did it Mammy!"), then THEY could have proven it back then But they didn't try, because they didn't care

The Undisclosed team are doing amazing work. They've uncovered such spectacular injustices, despicable scheming, and bigotry beyond belief that it casts doubt on the whole system. Adnan is not the only wrongfully convicted man, can't be, so how deep does this go?

Thank you Colin, for exposing this

Posted by: Squatch | Dec 8, 2015 5:59:07 PM

Hi Collin, as always you give an interesting analysis. Too bad Tina did not go with the angle that... the cops were exploiting Jay's poverty and economic status at every chance during his 'supposed' confessions. What I see from this dialog is that they were literally putting Jay through the wringer. What else was he to do but say what they wanted him to say? He was a black teenager with few resources. Clearly, he is not afraid of Adnan or Stephanie being near Adnan, but he is afraid of these cops. Even now with Urick still hovering over this case, he would not dare set the record straight.

Posted by: San | Dec 8, 2015 7:01:41 PM

Jay was working a lot of double shifts in February. Looking at the 27th in particular. 9 hours at F & M, then off to the video store (where he was taken in for questioning that went on until the small hours of the 28th), then back at it again the next day at both places.

Posted by: kate willette | Dec 8, 2015 11:10:14 PM

Off-topic but It's been driving me insane... Why haven't you talked about the fact that the Enehy group had possession of Hae's diary until February 15? The police had to go to the Enehy group in Annapolis in order to recover it. How could the diary then possibly have been used at trial? (Progress report dated 2/16/99 discussing the visit to Enehy made on 2/15/99)

Posted by: Seymour | Dec 9, 2015 4:15:13 AM

I don't understand why the frantic search for pot, driving around and calling folks, when Jay is a weed dealer. According to the Intercept interview, he had a pretty major business going, not just a dime bag here and there. And yet he had no weed?

Posted by: Lisa | Dec 9, 2015 8:02:32 AM

I believe it's believed that Jay was saying Adnan confessed to Tiyyab (apologies if the spelling is off). Salmon33, a member of the mosque community, said Adnan confessed to a "Mr. T," among others. Will you be reaching out to Mr. H, Mr. T and Mr. B to confirm the truth of this assertion?

Posted by: Seamus Duncan | Dec 9, 2015 8:24:40 AM

Squatch: Thanks.

San: It was presented as a life or death situation Jay. There was an enormous amount of pressure.

kate: Yes. I think this speaks to the financial pressure that Jay was under at the time.

Seymour: There are tons of issues with the diary. Gutierrez, however, stipulated to its admission for reasons that are known only to her.

Lisa: Yes, there are very many inconsistencies on this front.

Seamus: I have no idea about the identity of salmon33 or the alleged sources of his information. If he wants to talk, I’d be happy to talk. If Mr. T is Tayib, I think this post pretty clearly proves that Jay’s story about that confession is false. If Mr. B is Bilal, Rabia has been in contact with him recently, and he’s prepared to testify in support of Adnan, including providing an alibi defense, if there’s a new trial. I have no idea about the identity of Mr. H.

Posted by: Colin | Dec 9, 2015 8:36:07 AM

Why would you rely on parsing Jay's recollections and work records (he was at the drug store on 1/17 BTW) instead of contacting the person in question?

Posted by: Seamus Duncan | Dec 9, 2015 8:48:10 AM

Seamus: We covered Tayib in the Addendum to Episode 10. Either Rabia or Susan or both spoke to Tayib’s family and friends, who contradicted several of the claims made by Jay about Tayib. As for Tayib himself, he’s on the PI’s contact list, but I don’t know whether contact has been made because he’s not especially important to the current appeal or any possible appeal.

As for Jay being at F&M on 1/17, do you have support for that assertion? I have his first work day listed as 1/25 in the document included on the post. But even if Jay were at F&M on 1/17, that was a Sunday, which wouldn’t work because Jay said that Adnan and Stephanie came from school. Also, the only calls (other than calls that went to voicemail) on 1/17 were between 4:35 and 5:03 P.M., with only 1 of those calls (38 seconds) lasting more than half a minute. Comparing these times with the shifts listed in the post, none of these calls would make sense as a call made while driving Jay to work.

Posted by: Colin | Dec 9, 2015 9:02:37 AM

Did Seamus just ask why you would rely on Jay's recollection about anything?

I think this is what we all want to know Seamus.

Posted by: hoovill | Dec 9, 2015 9:28:46 AM

Whether or not Tayib is relevant to the appeal, finding out if Adnan confessed to him would be very relevant to ascertaining if Adnan committed the murder. Your website for Undisclosed plainly states that "our goal in this podcast is not to exonerate Adnan. Our goal is to get to the truth of what happened on January 13, 1999, and we believe that the best way to do so is to analyze all of the available information to come to an informed conclusion."

Posted by: Seamus Duncan | Dec 9, 2015 9:55:25 AM

Unlike people we've interviewed, like Krista, Tayib doesn't have a police interview or testimony. As such, he's off limits to us and is part of the PI's investigation. Given that Tayib almost certainly has no relevance to the current appeal or future appeals, he's a pretty low priority.

Posted by: Colin | Dec 9, 2015 10:04:54 AM

I think this analysis is important for another reason - it further demonstrates how the police/prosecution was trying to explain every little detail, as discussed on the latest episode of Undisclosed. Regardless of whether it could match in reality to Jay's life and work records, I'm wondering whether there isn't a call on Adnan's phone log that matches Jay's description? In other words, is there a call to Tayib some time during the few days after the murder? If so, this is just more evidence of how Jay was used as a puppet by the prosecution. They wanted corroboration for the anonymous tip that Adnan confessed to Tayib, so they find a call on the phone log and then force Jay to say, "yup, I was there. That's what it was, Adnan confessing to Tayib."

Posted by: Ann | Dec 9, 2015 11:05:40 AM

Let's compare this to what Jay said in his first interview (forgive the Tyad/Tayib, the transcript is a mix of mis-spellings and redactions).

Ritz: Other than you being with that night do you know of any other persons that Adnan had confided in or bragged to that ah he killed Hae Lee?
Jay: No but I imagine somebody else um maybe Tyad . I think he might have said some thing to ah ... I don't think he told Tyad he killed Hae but he told Tyad he killed someone .
Ritz: Has Tayib ever mentioned to you that Adnan has told him what happened?
Jay: No.

Jay is remarkably consistent. "No. Ok, yes". Not for any tangible or specific reason. Just because Tayib is into that sort of thing. You know. Murders and killings.

Posted by: carnotbrown | Dec 9, 2015 12:40:20 PM

Hi Colin,

if Jay had Stephanie's car because he had driven her home from work the morning before, couldn't we surmise that this would have had to have happened on a Monday? Or is it at all feasible that a high school student would be working the morning of a school day?

Posted by: Kelley | Dec 9, 2015 1:42:41 PM

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