David Lucio - continued
Lucio didn't put any of Janee's information in his report. It isn't normal practice for him to tape record his interviews, although he didn't ask Janee if he could record. He believe most people he interviews are telling him the truth. He never asked about Janee's relationship with Campbell. He didn't think it had to do with her motivation about the confession. He was privy to police reports at that time and tape recorded interviews, but didn't hear Robert Campbell Jr. talk about DeShawn messing with Janee. He did say he would have inquired more if he had known. The interview with Janee lasted about 20 mins. (with a confession of another killer?? only 20 mins?) He stopped working on the case at the end of 2003. He prepared his report the same day he interviewed Janee. She told him that Campbell was like a big brother to her. She also said that Campbell had a gun, but didn't see it, just all men had guns. He didn't investigate if Campbell had access to guns, but police reports tell of Campbell taking his fathers gun. Janee told of two conversations she had with Rodney McNeary. 1st conversation McNeary said he was in the creek near Morgan Hill, he denied shooting Jeff and said Campbell shot Jeff. 2nd conversation McNeary said he was with Campbell, got into a fight, fled the party, got a gun, police caught up to him, and he shot the officer when he got "pulled over". She wouldn't put it past McNeary to actually "cut off her head". Janee never pointed out when her relationship with McNeary ended, but she did see him until December. Wouldn't it be weird for someone to continue in a relationship with someone who said they would cut off their head? I guess. He had a second interview with Janee trying to find out who Kenny was. During an interview with another witness in this case that person received a call from McNeary and put Lucio on the phone. McNeary was in custody in Salinas at the time(11/07/03). McNeary was cooperative on the phone interview. McNeary didn't refuse to answer any questions. McNeary gave a narrative similar to the one he gave the San Jose Police Department. He didn't speak to McNeary in person, but nothing kept him from going to the jail to interview him. (Could have been a smart thing to do since they accuse him of pulling the trigger, but that would make too much sense) DEFENSE: He has been an investigator since '96, and receives training classes on investigations frequently. Janee appeared nervous and was afraid of McNeary. He did go over how long Janee knew Campbell. It wouldn't be too important if they had a one night stand. She told him about Campbell coming by her friends house after the shooting. She never saw Campbell after that night. McNeary told Janee that he drove off and hit some people, he got a gun, then he began to cry saying "I just shot the cop cuz i have two strikes". Janee didn't know of his criminal history. The phone interview with McNeary was a rambling narrative, and he used very little slang. LANE: What aspects did you keep out that kept her anonymous? That they dated and had a sexual relationship. But you put in that they met at a party days before the shooting, she got the confession at Kenny's house. That basically points out who she is. JUROR: Do witnesses have access to their reports? Sometimes, not always. LANE: So the only part you held out was they dated and had sex. That info would conceal her from McNeary. He didn't interview McNeary in person because he wasn't asked to. JUROR: If the purpose of your job is to find the truth, isn't it responsibility to follow up and find details? Yes, on some occasions. DEFENSE: The defense attorney basically tells you what to do? yes. I don't have freedom just to investigate, but it depends on the attorney.
Janielle Carter - Rodney McNeary's ex-girlfriend & baby mama
She met McNeary in '88 when she was 14. They had a child together in '93. Their relationship was on and off. She didn't remember the month, date or year of the shooting. She learned of the shooting from Tyree. On Oct. 28th she talked to police, she remembers Sgt. Edwards. She was met at her apt. by officers. She lived in the apt. with McNeary and 2 nephews. She allowed police in her apt. and they ended up taking her .357. At that time she had a home phone line with caller ID. She said the caller ID told of the incoming calls and possibly of the last outgoing call. In the beginning she lied to the police. She owned a black mustang at that time. She said she left her keys in the door and the car was stolen. She also said she met Campbell through a friend at work which was a lie. She did see Campbell the night before the shooting. She continued to lie to police at the police station. She wasn't protecting McNeary, and knows lying was a mistake. She knew the officer was dead, but didn't know any details. She later started to tell the truth. She knew of the party, and that McNeary used her car that night. She got phone calls that night from Campbell and Tyree. Ray-Ray(no one calls him that, well everyone does) Turo, Deon, Campbell, and McNeary were all at her apt before the party. McNeary was know as "Sic-Lo", her nephew Rodney McKenzie was known as "lil sic-lo". That morning she got like 6 calls, from Tyree, Campbell, Turo, and Deon. Most calls were asking about McNeary's presence after the fight. Campbell called asking for McNeary, and told Janielle that he was going back to the mustang to pop the ignition, so it would look stolen. He wanted to show it was stolen because of the damage it received from the hit and runs. (that also places Campbell at the murder scene) That morning she called Santa Clara County Jail to see if McNeary was there (it was force of habit), but it wasn't unusual that he was missing for some time. She wasn't worried about the car because it was insured. She got a call from Tyree saying something funky was going on. Tyree said 9-11 got popped, she thinks this call was in the 4 o'clock hour. McNeary then called before coming home being 3-wayed in by Janielle's mom. When he got home he was soaking wet. She told McNeary about the cop getting popped. McNeary told her about the mustang. McNeary, Kenny and Janielle drove to pick up the car keys McNeary had stashed. They then tried to get to the mustang but couldn't because of the police action in the area of the mustang. The wet clothes were left at the house. She didn't think McNeary had anything to do with the shooting. Tyree and Campbell had told her about the mustang. After she talked to McNeary at the police department she started to tell the truth. She was charged with lying to the police. She pleaded guilty in another case to being an accessory. After the shooting she felt that the police were following her. They moved to Indiana for about 6-8 months. They then moved back to Madera, CA. Down there McNeary and Carter lived with McNeary's niece. That niece is related to Campbell. They stayed with Robert Campbell Sr.'s brothers kid. (Why would the Campbell's let the guy who is "the real killer" live with a family member) Janielle and McNeary went to Robert Campbell Sr. house to tell him he didn't leave DeShawn during the fight. The last she saw of McNeary was in May '08. DEFENSE: In '06 you said you didn't know Tyree well enough to know his voice over the phone. She had known Tyree but the caller didn't ID themselves. She says she knew it was Tyree though. She wasn't being dishonest in '06. She doesn't recall making some statements to police and some about her testimony in '06. Several people called that morning. They moved to Indiana about a week after the shooting. It had nothing to do with the case. It was because she didn't feel safe. On her crimes she hasn't been sentenced. The defense can't believe it has been 7 years with no sentencing. There is no agreement with the prosecution over her other cases. When McNeary showed up before the police he was wet. McNeary showed up a few hours after Tyree's phone call. McNeary changed his clothes. He generally told her about the party, the mustang, why clothes were wet. They drove with Kenny to find the car keys. She had an understanding about where the car was located. It bothered her but she wasn't upset. She had an understanding that the keys and the car were in different locations. She doesnt' know why McNeary hid the keys in a field. She told the police her car was stolen. She also told the police she was home alone the night before and was awake all night long. She didn't take McNeary's wet clothes to the police. The police looked at her caller ID and asked if she knew Campbell. She didn't recall if they asked if McNeary lived there. She filled out the auto theft form, but didn't read it fully because of all the officers running around her house. Signing that form resulted in her being charged with lying to police. Photo's were also taken from her apt.
That's it for today. Tomorrow court is only in the morning. There is no court Tuesday due to Chavez day. There is court Monday, Wednesday, Thursday.
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