Day 22: Was that an April Fools investigation?

Ofc. Spoulos - SJPD
He assisted the homicide department looking for witnesses. He came into contact with Ricardo Martinez. He took Ricardo downtown for an interview, and then drove him back home to his house on Lochner. At his house on Lochner Ricardo introduced Ofc. Spoulos to his son Ruben Martinez. Ruben was cooperative, and wasn't intoxicated while being interviewed. Ofc. Spoulos has worked on DUI task force and has 29 yrs of service so he would have been able to recognize any intoxication with Ruben. During his interview Ofc. Spoulos didn't ever threaten Ruben nor did anyone in his presence. Ruben was cooperative, and wasn't told what to say. Ruben told the officer about a conversation he heard between Robert Campbell Sr. and DeShawn Campbell. Campbell Sr. was yelling at DeShawn that "you have my f**king gun, and I want it back". Ruben didn't say anything about it being a BB gun (which he stated Monday). Campbell Sr. continued "you had it with him downtown, and I want it back". DEFENSE: There were other officers on Lochner that morning. Dispatch was to the Campbell house but that was a general location on where to meet and be briefed. He had a typo on his report with Ray Martinez, he didn't know if that was a nickname for someone or a different person. His first contact with Ruben was in his father's house. Ruben did say he was employed. Once he writes his reports Ofc. Spoulos destroys his notes. Campbell Sr. was pointing his finger at the boys while he was yelling at them. Ofc. Spoulos didn't take any blood or urine samples. LANE: He has never taken blood or urine samples from a witness. After Campbell Sr. yelled at the two boys, they jumped into the tan Hyundai and drove away.
Ofc. Johnson - SJPD
He was in homicide from 1999-2004. He interviewed Ruben Martinez at his father's house on Lochner. Ruben was cooperative, and wasn't intoxicated. He didn't threaten Martinez and he recorded the interview with him. The interview lasted for about 12 mins. Ruben said Campbell drove the tan Hyundai, but never saw Campbell with a gun. At the end of Sept. he heard Campbell Sr. yelling at DeShawn and his friend. Campbell Sr. "Ni**er you got my fu**ing gun, you had it downtown, I want it back". Ruben said the Campbell house had problems with some of the neighbors. Ruben himself had some bad things to say about the Campbell household. Ruben described Campbell as a "pothead". Later, Ruben drove Ofc. Johnson to another residence where Campbell would stay. DEFENSE: Ofc. Johnson arrived at the crime scene on Calle Almaden at 5:56am where he was briefed by Sgt. McCorty. He drove to two residences looking for Campbell Sr. He got to the Lochner area at about 7am with Sgt. Ovmiet. Ofc. Johnson left Lochner at about 8am. Ofc. Johnson doesn't believe he had contact with Ruben Martinez during that time. His interview wasn't until 5:03 pm. He doesn't remember running Ruben's ID, and didn't usually run ID's of witnesses. The interview took place at the Martinez household and it was with Ofc. Garcia. Ruben never saw DeShawn, Edwin, and Robert Sr. with a gun. He did have a few conversations with DeShawn, and he never talked about a gun. The yelling he overheard was on a weekday between 10am-noon. At one point Campbell Sr. yelled at DeShawn's friend saying "you were with him". He didn't take any blood or urine samples. He did receive a business card of Robert Campbell Jr.
Sally Graver - defense investigator
She has been on this case since 2004. She interviewed Janee Gilmore for the first time in May 2005. She has spoken with Janee about 7-8 times. Janee wasn't always cooperative. Sally looks for facts and truth. Janee told Sally she had known the Campbell family for years, she grew up in that area, and that they were close. She never told Sally she had a sexual relationship with Campbell. That isn't important to know in Sally's mind; those relationships don't always end on friendly terms, even though it might show a bias of a person. Mr. Souza (the lawyer for Campbell) told Sally about the sexual relationship. She never mentioned that in any reports she wrote. Janee told about a get together a few days before the shooting which they heard a radio program about shooting cops in the head. At that get together were Janee, DeShawn, McNeary, and others. Janee met McNeary a few days before the shooting. Janee said she saw Campbell on Oct. 28th. Campbell called Janee on the 28th asking for a ride, Janee said she couldn't give him a ride and said she would call Edwin. There were no phone records that show Janee ever called Edwin. Sally has access to the evidence the defense sees. She could have inquired why there was no phone call or any other discrepancies in Janee's story. Sally is supposed to corroberate the information she gets from Janee, which she didn't. Sally had previous reports from '02 in which David Lucio interviewed Janee, which she reviewed before meeting with Janee. The information is good only if it is consistent, if there was any inconsistency she would have asked. Janee didn't want to be involved with the prosecution. She hates Lane. Sally told Janee that should would have to call Det. Ramirez and tell him she didn't want to talk to him, otherwise her contact would be given to the prosecution. The defense attorney can hold back personal information of a witness if they call the police investigator and tell them they won't talk. In May 2005 she said she didn't want to talk to police or Lane. She never met Lane until September 2005. Sally didn't know why Janee wouldn't talk to DA, didn't ask. Couldn't that show bias? No, a lot of people don't like the police, and that doesn't show bias. Sally never promised Janee protection. Janee saw Campbell on October 28th when he came by Kira's apt. She didn't remember this information and didn't recall reading the transcript regarding this meeting. Sally only gets whatever evidence/ transcripts Mr. Souza gives her. Sally didn't remember if anyone was with Campbell when he showed up at Kira's apt. Janee talked about the relationship she had with McNeary, Janee says it lasted months and was basically sexual only. Sally gets to review all police reports, but still didn't remember if anyone was with Campbell when he showed up at Kira's apt. There are about 600 pages of police reports. She has read the reports on & off over the years. Janee told Sally of one conversation she had with McNeary about his confession of the shooting. Sally didn't remember that David Lucio's report said Janee had 2 conversations about McNeary's confession. NO, Sally wasn't in a car accident; her memory is fine (that was a question, not my commentary). Sally's report states the conversation took place not long after the shooting, in Dec 2001 one afternoon. Lucio's report said a couple of days after the shooting, late at night. She didn't ask about the differences in the reports. Sally was speaking to a potential witness; she didn't want to be confrontational. Did Sally ask why Janee continued her sexual relationship with McNeary? No she didn't. In May 2005 Janee told Sally she only spoke on the phone with McNeary but later said she did continue a relationship. If a confession took place 3-5 days after the shooting, Campbell was a fugitive, why didn't Janee come forward? Sally doesn't think she asked that question. How could Janee continue a relationship with someone who threatened her, and put the shooting on her friend DeShawn? Sally didn't recall asking. Did McNeary threaten Janee? There is no detailed threat in her reports on any of their meetings. The confession happened at Kenny's house. According to McNeary he has two friends named Kenny; do you have the right one? I know I have the right one, but she doesn't recall if he fits the description. McNeary confessed to Janee during an hour long conversation, in which he describes what happened that night/morning. McNeary said to Janee: he was at a party, got into a fight, chased/followed by a car, saw police car, parked the mustang, shot, and then ran to the creek. He was with Campbell in the "bucket" when the police drove up. McNeary was worried about a 3rd strike. Sally didn't ask how they got into the Hyundai if they were driving away in the mustang (somehow the Hyundai just showed up on its own, like knight rider). Janee had told David Lucio that McNeary and Campbell were pulled over in the mustang and McNeary shot, there was no mention of the Hyundai in Lucio report. Janee told Sally McNeary and Campbell were parked in front of a house when police pulled up behind them. Sally doesn't recall asking about the differences in the reports. In May '05 report Janee said McNeary left the mustang behind because he had to run. Why didn't he just drive the mustang away? Didn't ask that question either. Janee said she only talked to McNeary over the phone after his confession. November '05 report taken at Mr. Souza's office. There was no reference to threats in the reports. It just said that McNeary threatened to kill her if she talked. There was no clear defined report about this threat. May '06 report was next. No detailed threats in that report. Sally has taken steps in '09 to protect Janee, but nothing in '06. Did you take the threats to the police? No she didn't. Did she tell Janee to go to the police? She might have. June '06 interview took place after Det. Ramirez tried to talk to Janee. Janee said she was no longer friends with Kira. Aug. '06 report & Oct. '06 reports had no mention of any detailed threats to Janee. Sally thinks she told Mr. Souza about the threat/decapitation, and didn't put it in her reports. Sally's proof is her word. June '06 report that Janee knows of information through the media. How do you know Janee's information was independent and not from media coverage? I didn't ask. Sally was only interested in what Janee said not what she had read. Sally couldn't prove what she knew independently or what she knew from media. How did you corroborate her information? From other witnesses, and police reports. Did Janee tell you how long of a time it was from the party till the shooting? She doesn't recall. It was about two and half hours. Where's that time in Janee's story? Sally didn't ask. She listens, and that is how she gets the information from people scared of police. Sally interviewed McNeary twice. The first time was Sept. '04 in a prison. McNeary was cooperative; her report was about 5 pages. He evaded some questions but she didn't note which questions those were in her report. McNeary story: driving the mustang, hit a car, and took off. Campbell, Cin, Ray Ray, were in the car. People were throwing bottles and rocks at McNeary. He hit a cougar, and he thought a person was hit too. The cougar started to chase the mustang. McNeary parked in a neighborhood and told everyone to "scatter", he then crossed Almaden Expy and walked down the creek. He was near a school and stole a bike and started back toward the mustang. He mentioned a helicopter in the air when he was near the school. Sally admitted that might point out that Jeff was already shot when McNeary was near the school.(that would mean he was too far away). He told Sally that he stole the bike and didn't pay for it like he told the police. McNeary was stopped by police, questioned, saw a helicopter again, was wet/dirty from the creek, McNeary said he was wet from working out and let go by a sergeant. When he got to Janielle's she told him that 9-11 had been popped. The last time McNeary saw Campbell was at the mustang. No evasiveness was noted in her report. 2nd interview with McNeary was January 2005 with Mr. Souza. McNeary was cooperative again and talked about that night again. He abandoned the mustang, and scattered from his friends. He crossed Almaden Exy when into the creek. As he was heading back he was stopped by police then went to Janielle's house. Janielle told him 9-11 got popped. She did investigate where Campbell was when he was a fugitive. They NEVER asked if McNeary had shot Jeff. She was note taking, Souza was asking the questions. As an investigator she does think it would have been an important question to ask McNeary. DEFENSE: Janee always appeared frightened and scared. That is why Sally didn't ask about the inconsistencies in her story. Sally has been an investigator for about 23 years. May '05: Janee never saw Campbell with a gun. Campbell called her 10/28 at about 4-5am to get a ride because he got jumped. Campbell gave Janee Tyree's cell phone and told her to call Edwin. Kira didn't want to let Campbell stay at her place the night of 10/28, even though she didn't know of the shooting. Janee has always been consistent that McNeary killed Jeff. Janee dated McNeary for a few months. At Kenny's house in Dec.:: McNeary was on the phone with Janielle which made Janee made. Janee asked why he is acting like that. He said he had a lot of problems to worry about. McNeary then said he and Campbell were in "the bucket" (Hyundai) parked in front of a house on that court, the police showed up behind them and McNeary shot the officer. (yes that is another version of Janee's story). McNeary left the mustang there because he had to run, he ran down the creek, and he didn't mean to kill the officer. Janee asked how he could let Campbell go down for this? McNeary said he had 3 strikes. Janee was reluctant to testify in this case but didn't want to see Campbell go down for a crime he didn't commit. Souza told Janee he would get a protective order to keep her information away from McNeary. In May 06 Sally still referred to Janee as Jane Doe. She then said she thought McNeary would have her killed. Det. Ramirez asked to interview Janee at her work. Janee asked for her boss to be in the interview, but Ramirez didn't want the boss to be a witness. Janee didn't think the police could protect her. Janee told Sally that she told Ramirez to talk to Janielle because she would know more.

That is it for today. Thursday starts at 1pm!!!