Day 23: "Call the NAACP" My cuffs are too tight!

Sally Graver - continued
DEFENSE: Janee had kept the confession to herself for about 8 months. After Campbell's arrest, McNeary told Janee he was with Campbell that night. McNeary admitted to the shooting in Nov-Dec '01. McNeay was on the phone with Janielle when he confessed to her. Then he told Janee about the shooting, saying he and Campbell were in "the bucket", the cop came and McNeary shot the officer, he then ran into the creek, he was a 3-striker, and he would kill her if she told. Sally's 10/15/06 interview with Janee. Janee said she continued to have sexual relations with McNeary because she wanted to continue to "act normal" around him. Janee hadn't seen the scrapbook for about a year. There was no mention of McNeary in that scrapbook. Sally talked to McNeary at Delano State prison. McNeary talked to Sally on two occasions. He told Sally that he and Janielle had a baby together, and lived in a 3 bedroom apt. Campbell had stayed there for 3 days. McNeary drove the mustang from the party, leaving about 1am. In the mustang he says was himself, Campbell, Cin, Ray Ray, and possibly Younglife. He told Sally 30 people ran after him from the garage; there was no gun in the mustang. The cougar followed him, and he didn't know if he struck a person while driving away from the party. They drove down Almaden, McNeary made a right and parked in the cul-de-sac. While driving down Almaden Expy he saw a cop and "since he knew cops he figured the cop would pop a u-turn and follow". That is why he parked and they all scattered. He laid in the creek for about 45 mins, then went jogging, saw the helicopter, ran past a school, got a bike and headed back toward the crime scene. He didn't have a cell phone but thought it was around 6am when he noticed there were no cars on Almaden Expry (he thought it was weird to have no cars). He heads up Almaden Expy and is stopped by police, he tells Sally he thinks it's actually 4am (which would be before the shooting). He told police he was wet and dirty from doing "burpies". He was told to sit and wait, and was eventually released to go to Janielle's apt. McNeary got to Janielle's around 7-8am. Janielle told him that all his friends were calling and that "she wasn't happy". He then called Kenny and all three went to look for the mustang. They drove around for 30 mins and then returned to Janielle's apt. because the streets were blocked and couldn't get to the mustang. In the next jailhouse interview with McNeary, he laid in the creek, his pager and watch got wet. He laid in the creek for about 35 mins. He then jogged from 2-5am. He told Sally after the cop was shot he and Janielle packed up the house, put things in storage, and drove to Indiana. Janee has been consistently fearful of McNeary. The decapitation part wasn't in any of Sally's reports. LANE: Sally doesn't know why she didn't include the decapitation statement in any reports. Sally isn't sure why she didn't ask to see if his watch stopped after it got wet. Sally can't recall if police reports indicated different streets that the cougar chased the mustang. Sally did interview the cougar driver. She can't recall why she didn't ask about the chase with McNeary because she had read police reports about the chase. She didn't confront any of these discrepansies because she didn't want to act aggressively. It is her job to ask questions if witnesses are vague, contradict information, or have inconsistencies. DEFENSE: Sally didn't confront McNeary because she wanted him to talk, and possibly give up names of others involved. She thinks McNeary was probably wearing a waterproof watch. JURORS: Was McNeary questioned about his 3 hr jog? He told Sally he didn't realize how far he had gone south. Why wasn't McNeary questioned until '04? He was questioned in '03 by David Lucio. How did McNeary explain how the Hyundai ended up there? He couldn't explain, and he didn't say who was driving it. Did Janee explain how she continued her relationship with McNeary? McNeary came back to California every now and then. Did they investigate if McNeary had 3-strikes? He had two at the time of the shooting. Did Janee describe how he killed Jeff? He just said he shot the officer. Where did he get the gun? He didn't explain. Was he standing or sitting in the car when he shot? Sally didn't ask. Why were they parked in the cul-de-sac? Sally didn't ask. Did Sally get phone records to corroborate the phone calls Janee talks about? She doesn't think so. Why didn't you ask if McNeary shot and killed Jeff? Sally's 1st meeting with McNeary she wanted him to talk, give information, and possibly names to help with her "investigation", 2nd time Souza did all the talking. LANE: Why didn't you go back and ask why he shot the officer? Sally said she wasn't asked by Mr. Souza to go back, and she takes directions from him. Why isn't it noted in any reports that McNeary would come back and see her? Sally didn't write down every word in the conversations with Janee. DEFENSE: Souza then talks about something that he was ordered not to talk about, it's ok though he is the defense and gets away with it all the time.
Ghazaleh Moayer- toxicologist
She works in the crime lab for the county of Santa Clara. She pointed out if someone drank 30 beers 2 pints of Bicardi, took painkillers (vicodin, oxycotin, percaset) and psych drugs( effixer, nuotrin, clonopin) and did recreational drugs (pcp, meth, heroin) they would be dead. A person couldn't do this concoction for 3-5yrs as testified to. She has not heard of injecting through eyelids. DEFENSE: Excessive drug/alcohol impairs ability to preceive things accurately is correct. It also impairs their ability to recall information accurately. It could also impair their memory if they survived this amount of toxics in their body. A tolerance does build up after a while. Meth gives paranoia, nervousness, and psychotic. Weed gives you short term memory loss. Chronic use gives you long term memory loss. PCP is snorted, sniffed, smoked, and injected. A speedball is used with multiple drugs @ the same time. Most of these drugs are central nervous system depressants. The patient would probably not survive all this use. LANE: If someone survives they would probably be unconscious. A speedball is supposed to intensify the effects of combining drugs. If multiple drugs of the same kind are used it also intensifies the effects. .08 blood alcohol level is = to 4 beers in your system. DEFENSE: 4 beers over 4 hours doesn't = .08? That's correct. It is what is in your system at the time of the test. They highest she saw was .60 but didn't know if that person was dead or alive. LANE: A combination of same drugs is called synergistic. It means it multiplies the effects, so if you drink 4 beers but do heroin, it feels like you drank more because they are both depressants. DEFENSE: Have you met Ruben Martinez? That was objected and sustained by the judge. Not even a slap on the wrist. JUROR: Can someone drink 20-30 beers and survive? Yes. Survive after 20-30 beers 2 pints of Bicardi over 15 hrs? I don't think so. 20-30 beers daily for over 2 weeks? Possible to survive. Over a month? The liver would start to shut down, especially after the additional effects of the drugs.
Ofc. Biersdorff - SJPD
On 11/07/01 along with Sgt. Grigg and Ofc. Zehring arrested Campbell. They were in plain clothes with a "raid" vest on. The vest said police on the back and had a badge on the front. They met at Boggini Park. They then went to a house on Eddinbank and asked to get into the backyard. The backyard butted up to a house on Stephens, that is where Campbell was. While in the backyard Campbell jumped the fence and landed right in front of them. With guns drawn ordered him to the ground. He was arrested. As he was handcuffed Campbell yelled "Call NAACP, call 9-11, call police". Campbell never talked besides saying that, never ID'd himself. He was later ID'd by his tattoo. DEFENSE: He was cooperative when ordered to the ground. He said his cuffs were too tight, the officer checked and left them as is. Other units then responded. LANE: Campbell did have a cell phone when pat-searched.
Sgt Ramirez - SJPD
He made several attempts to talk to Janee. He did a computer search to find out where Janee worked then went to that location. Janee was very reluctant to speak with Sgt. Ramirez. Janee asked if her boss could be in the interview and Ramirez said then the boss would be a witness. The boss then left the interview room. Janee didn't talk about McNeary and refused to talk about the confession. She only said that he confessed he did it to her. That was the first he had heard someone else saying Campbell didn't do it, but she refused to discuss it. She told him she never told anyone about the confession. Janee said she never dated or had a sexual relationship with Campbell. She said they were friends from way back, and that Campbell drove the tan Hyundai all the time. This interview took place 06/16/06. DEFENSE: So you did talk to Janee? Yes but she was very reluctant. He took about 2 pages of notes, and his digital recorder in his pocket didn't work, so he relied on his notes. They spoke for about 20mins. Janee and Campbell had been friends for a long time. He didn't ask about one night stands but she said she never had sexual relations with him. She never told Campbell or Campbell family what McNeary had told her. JUROR: Why didn't you write a report? Sgt. Ramirez contacted Lane and was told that since he keeps his notes he wouldn't need to write a report.

9-1-1 tapes from Rotterdam were played.
9-1-1 tapes of neighbors finding Jeff were played.

The Hyundai was fingerprinted and only Campbell's fingerprints were found.
The mustang was fingerprinted and only McNearys fingerprints were found. Also found was DNA of McNeary from a cigar.

That's it for this week. The prosecution should rest early next week, then the defense will call witnesses.