Wednesday, October 7, 2015

As I've noted before, Jay was officially interviewed* three times by detectives: (1) on February 28, 1999; (2) on March 15, 1999; and (3) on April 13, 1999, after Adnan was indicted by the grand jury. I had always been under the impression that the State never turned over anything to the defense regarding this third interview, with the defense's only knowledge of it coming from Jay's testimony at trial. During a deep dive into the defense files, however, I found this document:

As you can see, this document, presumably written by a clerk or fellow attorney, states: "See attached -- this is a 3rd interview in which the detect cleared up more 'inconsistencies' -- on 4/13/99." Unfortunately, I haven't been able to locate this attachment, and Gutierrez seemingly referenced no such attachment at trial.

I hope that I'm able to track it down at some point. Jay's trial narrative was very different from the narrative in either his March 15th interview or March 18th ride along. Thus, his April 13th interview is the key missing link that could explain the evolution of his story. We now have some indication that there is some documentation of this interview, but we still lack that documentation.

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*Of course, there was also the ride along that Jay did with detectives on March 18, 1999.

-CM

https://lawprofessors.typepad.com/evidenceprof/2015/10/as-weve-noted-before-jay-was-officially-interviewed-three-times-by-detectives-1-onfebruary-28-1999-2-onmarch-15-199.html