Day 21: How are you still alive?

Janielle Carter- Continued
JUROR: Did McNeary tell you what happened to the mustang? Yes, it was wrecked and parked on a side street, 2 lefts and 1 right. Did you tell McNeary about conversation with Tyree? Yes, he gave a baffled look. LANE: She has no question about it being Tyree telling her 9-1-1 got popped. She told police about this and was telling the truth. Her memory was better back then but she still has some memory of that day. She received a number of calls from McNeary's friends, especially Tyree. She paged McNeary that morning to try to find him. She can't remember what time the police showed up at her apt. After court on Thursday she went with Sgt. Ramirez to find out where the keys were placed. She found the spot where those keys were placed. The police took pictures from her apt. She knew that there was something going on, and that her car was involved, but didn't have the total story about it. She didn't tell McNeary that Campbell said he was going to "pop the ignition". She is telling the truth. She didn't see any poison oak on McNeary. <<<<>>>> DEFENSE: She lied because she wanted to distance herself from what was going on. She didn't say that last week. When she talked to the prosecution she received a printout of her previous testimony that she didn't discuss with Lane. She isn't on drugs now or back then. JUROR: She left for Indiana 2-3 weeks after this incident. McNeary would come back to San Jose for a few weeks, but not too often. There wasn't any evidence in the garbage bag she was taking out when the police arrived. DEFENSE: She was protecting herself because she didn't know what was going on. She doesn't know why she just didn't say that McNeary took the car. She was trying to distance herself because it was her car involved. She went to find the mustang first, but when they couldn't get to it because of the police in the area, they went to where the keys were left. McNeary didn't explain why he hide the keys there. McNeary didn't say that he slept in the creek to get gunshot residue off his clothes. When she got home from finding the keys, she got dropped off and Kenny and McNeary took off. The next time she saw McNeary was at the police station. LANE: McNeary told her of the hit & run before they left to find the keys. He hid the keys because of the hit and run. He ran and hid in the creek because there was a car chasing him from the party. He said he hid in the creek, he wasn't camping. She never received any police reports from Lane, only her previous testimony. DEFENSE: Hit and run is a crime. He slept in the creek because of the car chasing him. LANE: McNeary wasn't sure if he hit a person leaving the party. McNeary said as I smashed those two cars i might have rolled someone up. DEFENSE: This is the first time you have said he might have hit someone. No one ever asked about hitting a person. McNeary remembered hitting two cars but didn't know if he actually hit a person. JUROR: She can't recall if she ever turned her clocks back that night. She said some of her clocks automatically change back, like her cable box and phone clocks. Her accessory to a felony was on Nov. 21, 2001.
Sgt. Ramirez
George Wright (from earlier testimony, a neighbor in Calle Almaden) called 311 on 09/28/01 to report the tan Hyundai at 5:47pm. This is documented to show if a problem occurs later in this area with this same car. He rode with Janielle to the area where she thought the keys were left. They ended up finding the area and took pictures. The pictures of the area were shown to the jury and court. This area is the same that McNeary had told to police during his interview with police on 10/28/01. That shows he was in that area, and not where the shooting was. DEFENSE: They hadn't previously searched that area. It is accessible to the public. It is actually a park. The creek was about 1-2 ft deep. That area is about 3 miles from the shooting scene.
Ruben Martinez- Lochner Dr. neighbor
He has lived on that street for awhile. He knew Robert Campbell Sr. and the kids, DeShawn, Edwin, and Robert Jr. He is currently "injured" and is on multiple painkillers. He was interviewed by police on Oct. 28th. He told them of an argument he heard between Campbell Sr. and DeShawn. Campbell Sr. said "you got my fu**ing gun, I want it back", and "you had it downtown, I want my gun back". Thinking today, Ruben thinks that was about a BB gun that was used to shoot rats. He couldn't remember a lot of stuff though from that time. A tape was played from his interview with police. He "actually" said nothing about it being about a BB gun at that time, plus who would bring a BB gun downtown. He recognized his voice on the recording but didn't remember having that conversation. In regards to him lying to police "he has to do what he has to do". He had gotten rides from DeShawn before in the tan Hyundai. DEFENSE: He drinks 30 beers on most days. Today he is on "narco", percocet, oxycotin, valium, other painkillers. His mom lived on Lochner at that time, and he might have been renting a house about that time. His was definitely living in that area. In Sept/Oct 2001 he had an arrest warrant out for his arrest in Merced County. He didn't want to go to jail at that point. He was a northerner, and those in Merced are southerners so he would be out of his element down there in jail. On 10/28 he was coming home from a party, and the driver of his car was stopped on Lochner. He was threatened by the officer. The officer wanted "negative" information about the Campbell's. He has been an alcoholic for about 25yrs since he was like 15 years old. He was stopped at gun point by the cop, the driver and he both had beers in their hands. When asked to get rid of the beer he drank it in front of the officer. He was then walked to his mothers house. If he didn't talk he would have been taken to the police department. He did "pcp,heroin, and meth" in on shot, called a "speedball". He would shoot it in his eyelids. He also heard voices during this time of his life. He also took bi-polar drugs. He does have memory problems because of these drug problems and drinking problems. His memory about taking drugs is pretty good. He said he made up the conversation about the gun. LANE: He earlier testified that he heard the conversation but thought it was a BB gun. He did hear the conversation and thought they were talking about a BB gun. All those legal drugs are prescribed. He never told his doctors he drank. He didn't remember the officer who stopped him. An officer had taken his father downtown for questioning, and came back with to the house with the officer. The first officer knew there was a warrant and let him go. Ruben says the warrant was stale, meaning the statute of limitations was up. The first officer said "if you don't answer me I will throw you in jail". He also told Ruben what to say, that not to use the word BB gun, and only say gun. His neighbors told cops the story about the gun too. Campbell Sr. said "you were with it downtown" that is true. Campbell Sr. also said "you were with him" pointing out someone in with DeShawn, that is true also. You really thought they were talking about taking a BB gun downtown? yes. He hung out at the Campbell's house and would shoot rats with a BB gun. There was a bullet hole in the TV and in the wall at the Campbell house. It was in the upper right corner of the TV. He didn't know if there was a "real" gun in the house, the only gun he saw was a BB gun. The bullet hole in the Campbell house wasn't made by a BB gun. His first encounter was at 7:35am, Ruben thinks that is too early. A second report says the taped conversation was at 5:30pm. DEFENSE: He never saw a real gun at the Campbell's. The BB gun was a handgun. The police only wanted him to say gun, not BB gun. He went with what they wanted to hear.

That's it for today. No court on Tuesday!!

Back on Wednesday....