Day 18: "She lied for me, I taught her to do that"

Lt. Millard - SJPD
He was working homicide on Oct. 29th 2001. He received a call and did a phone interview with Kira McQuien. She told him of her interaction with Campbell. She told police that she hung out with Campbell on Friday night, and he was with a guy called "Felipe". On Sunday morning she received a call from Campbell that he was jumped at a fight, and needed a ride home. On Sunday Campbell showed up at her apt. at around 7pm. She told Lt. Millard about generalities of a conversation with Campbell that night, but no details of the shooting. DEFENSE: It was a Monday when he talked to Kira. He didn't record the conversation, because he didn't expect it since he wasn't on the case. The conversation lasted for several minutes, and Lt. Millard wrote his report and passed it on to the homicide detectives. The detectives were the ones to decide if more interview was needed of this witness. Kira didn't believe "Felipe" was his real name. Campbell appeared scared, and she heard that an officer had been killed. Between the conversation she had with Campbell and the new reports she knew he was a suspect. She didn't pass along any details to the police about the conversation with Campbell only generalities. The call occurred around 4:30pm on 10/29/01.
Ofc. Imobersteg - SJPD
He was involved in the investigation of Jeff's murder. He was assigned to go to a apt. on Gettysberg. He went in a uniform and with other officers, getting there around 4:30pm. He met Rodney McNeary there and focused his attention to him. McNeary told officers that he was a party, got into a fight, fled in the mustang, abandoned the car, ran and hid in the creek, became wet, and went home to change. Ofc. Imobersteg didn't know of a black mustang being located near the scene, and had no knowledge of the party. Rodney was very cooperative and the officer took him to the pd for questioning. He never got into specifics of Rodney's night because it was for homicide to ask those questions. As they left he asked Rodney to retrace his driving from the party. Rodney pointed out the house where the party took place. He then took the officer down Rotterdamn, R on Meridian, L on Coleman, and then R on Porto Alegre. He took Rodney within a block of the crime scene but didn't want to bring him to close because it would have tainted his story. He felt it important to be polite to McNeary so he continued his cooperation with the police. McNeary told the officer that he hid under a bridge and the officer later that day drove by where the thought McNeary was hiding. DEFENSE: He didn't know who else was at the apt. on Gettysberg. There was a least one other person there, but his focus was only McNeary. The conversation he had with McNeary started at the apt. and continued in the car. He can't remember if he handcuffed McNeary, but he did pat-search him. McNeary was free to leave at any time and didn't have to talk to police. They talked at the apt. for about 10 mins. McNeary talks fast and uses a lot of slang. McNeary never talked about the hit & run at the party. He fled and hid from the people in the Cougar that were chasing him. Ofc. Imobersteg didn't go back to the apt. to look for McNeary's wet clothes. McNeary never told the cops that he went back to look for the mustang later that morning. His report states that McNeary left the party with 2 friends, but the officer remembers him saying 2 friends and Campbell were in the car with him. He never took McNeary to where he was hiding because he wanted to get McNeary to the detectives. Rodney did tell him he bought a bike from a kid for $50 that morning, or that he found the bike in the creek area. He told police that he had been stopped earlier in the morning on Almaden. JUROR: Was McNeary cooperative? yes. Was he eager to give information? yes. Where did you drop him off? Homicide at the PD. The officer watched the interview for about 5 mins on a monitor.
Sgt. Ponte- SJPD
Was in homicide. He interviewed Edwin Campbell. Was told Edwin received a call from his father around 5:30-5:45am. Edwin said there was an emergency and to get to his father's house. DEFENSE: It wasn't uncommon for Edwin to be ordered back to the house.
Sgt. Ramirez- SJPD
He interviewed Rodney McNeary along with Sgt. Edwards. The interview took place at the homicide room at about 7pm. It was audio-taped but not videotaped. Rodney was cooperative, and the interview lasted for about an hour and a half. All the Campbell's had been accounted for except for DeShawn. DeShawn was a "person of interest" at this time. Investigators don't file charges, District Attorney's do. Sgt. Ramirez knew of the mustang at the time of the interview. Janell was telling inaccurate statements. McNeary wanted to tell Janell to tell the truth. Sgt. Ramirez asked why she was being dishonest. <<>>> DEFENSE: Janell and Rodney talked in the same room. Was the recording changed? No they were in the corner of the room talking softly. Rodney wanted to convince Janell to tell the truth. They didn't know they were being recorded. Sgt. Ramirez interviewed Janell later that evening. The interview that was played in court was only a partial part of the entire interview. Rodney was asked about the Rotterdamn party from the night before. He denied being the driver of the mustang. At that point Sgt. Ramirez knew there was a report that the mustang was "stolen". Janell filed that report to cover up for Rodney. She was trained to do that for Rodney. In the interview Rodney referred to someone as "lil youngster with a license". They never found out who that was, didn't think it was an actual person. Rodney said he jumped a fence, went across Almaden Expy, and to the creek. They weren't able to determine where he did this if he did it at all. Rodney said he was "under a bridge toward San Jose", they don't know where that exactly is. Ramirez also never located a "no trespassing sign", or thought Rodney's hand was injured when he said "his hand was broke up". When Rodney said he paid for the bike, Ramirez thought he actually stole the bike. He didn't know the Sgt. who talked with Rodney that morning. The description of the area was correct for the most part of the area of Almaden. There was a pause in one of Rodney's answer was that editing? The police don't edit the tapes. Ultimately Campbell was placed in the car during the interview. There was no calls from Janell to Campbell. Rodney said he never got into the Hyundai because he liked to drive. Rodney specified to the police he wasn't driving the mustang and hit the car. They never went and got Rodney's wet clothes. Sgt Ramirez couldn't explain why not. He said if the clothes were wet a "gun shot residue" kit would have been ineffective on the clothes. Janell didn't have the details of what Rodney was doing, she was just trying to help cover up for him (he said she was trained by him to do that). Rodney speech is very animated. They didn't take a blood sample from him but didn't think he was under the influence. LANE: Sgt. Ramirez re-interviewed Rodney 2 years later down in Salinas. Rodney said he lied about the bike, it was actually stolen. He lied about not being the driver, he actually drove the mustang that night. Most of the story was similar. In 2001 you couldn't tell if land line calls were made to another land line. DEFENSE: Sgt. Ramirez never looked at Janell's caller ID. The names from the caller ID were written down by an officer and later given to Ramirez. Caller ID only shows incoming calls, not outgoing. Rodney lied about the bike, and about driving. JUROR: Why didn't you validate Rodney's story? Ramirez assessed him during the interview to find out the truth. Information was corroborated, but some couldn't be. Ramirez had an idea of the fences Rodney was talking about, but had an idea of where it could be. During the interview, Rodney said he walked south and described the area? That was consistent with the area, house are large and get more isolated more south. Bike? That story was found out a lie 2 years later during a second interview. LANE: Did you look for video? Yes, we looked but didn't see anyone involved with the crime in any videos from the area stores. All phone booths were also fingerprinted. JUROR: Name of the car occupants? In the complete interview all names come out. Why didn't you ask about the facts of the case? He had knowledge from other people, which came out in other parts of the interview. Was a gun found at Janell's? Yes, but it was a different caliber. It couldn't shoot a .45 caliber bullet. Why didn't you retrieve his clothes? We probably should have but didn't. Did you find out where the bike was stolen from? No, he looked at all police reports about stolen bikes but couldn't find out where it was from. Did you link a mobile phone to Rodney or Campbell? No. Did you understand his slang? Yes. How did Rodney know of the Hyundai? Ramirez showed a photo of the Hyundai to Rodney. Was the popping sound at the party gunfire? That was the understanding. Did you ask neighbors about the party? Yes they were interviewed about this issue. Some thought it was gunfire, some thought it was just rocks being thrown at Rodney's car.
David Lucio - Criminal defense investigator
He interviewed Janee on 7/01/02 at a YMCA facility. If there is a report of the interview then he did the interview.

That was the end of today. We will be back tomorrow morning.