Thursday, January 7, 2016
Over the last few days, I've done a couple of posts (here and here) about the evidence supporting the theory that the detectives were aware of Jay and possibly interviewed him (multiple times) before they interviewed Jenn on February 26th and 27th. In short, this evidence consists of (1) Jay's Intercept interview, in which he says he was already sick of talking to the police before they ever talked to Jenn; (2) Sis's statement to the defense PI, in which she says that Jay told her that he missed work on February 26th and February 20th, 21st, or 22nd, with Jay saying that at least the earlier interview was about Hae; (3) Neighbor Boy's statement to the defense PI about seeing Jay in a police car about a week after Hae's body was found (e.g., around February 16th); and (4) a police document in which (a) Jay's name is identified next to the account holder for a phone line, but (b) Jenn's name is not.
There's another piece of evidence that might also support this theory, depending on who you believe.
Here's Detective MacGillivary testifying on cross-examination about heading to the Pusateri residence on February 26, 1999 (2/17/00; pg. 248-49):
Later, MacGillivary provides further clarification (2/17/00; pg. 250):
Earlier, during direct examination, MacGillivary had testified as follows (2/17/00; pg. 154-55):
Adding this up: (1) when the detectives turned up at the Pusateri residence, they knew neither Jenn's name nor the fact that she had attended Woodlawn High School;* and (2) when the detectives turned up at the Pusateri residence, they hadn't interviewed Jay or even received his name.
As we noted on Undisclosed, however, Jenn and Cathy tell a very different story. Here's Cathy testifying at trial about the detectives approaching Jenn and her on February 26th (2/16/00; pg. 265):
Meanwhile, here is Jenn's recounting of the same encounter (2/15/00; pg. 219-20):
Now, maybe you believe that both Cathy and Jenn are lying and/or mistaken. In that case, you trust Detective MecGillivary's testimony, and there is no issue.
On the other hand, if you believe the version given by Cathy and Jenn, there seems to be a huge issue: How did Detective MacGillivary know to ask for Jenn? He himself says that he didn't get her name from the phone records and didn't even know that she'd gone to Woodlawn. The only reasonable explanation seems to be that he had gotten her name from Jay because they'd already talked to him.
*As with Nisha's testimony about Adnan visiting Jay at an adult video store, Urick cuts off Jenn MacGillivary when she's giving testimony that's seemingly harmful to the State's timeline. As with the Nisha interruption, I can't say whether this was intentional or not.