Serial Episode 6 - The Case Against Adnan Syed

In this episode, SK talks through the various pieces of evidence that looks bad for Adnan.  There's a lot of recorded exchanges between Adnan and SK that are interesting to listen to for context to their dynamic and hear from the suspect himself.  I transcribed a couple of the exchanges where relevant.  The last few minutes is more of a philosophical discussion about Adnan's predicament.  Interesting to listen to but not sure if there's anything concrete to work there.  

Listening to this episode again, I was struck by how much I missed in my first pass through.  So my conclusions and theories did not incorporate a lot of the information presented here, and I will note adjustments as needed.  

Adnan’s palmprint – SK starts off telling about the prosecution’s physical evidence against Adnan – his palm print on the back cover of a map book that had the page showing Leakin Park torn out.  SK notes that the defense argued that there is no way to date a fingerprint and Adnan had been in Hae’s care numerous times.  There were 13 other sets of fingerprints on the book (not Adnan, Jay, or Hae).  SK also notes that the torn out page showed more than Leakin Park, but their neighborhood, Woodlawn HS, and probably 90% of the places they usually would go.  

This strikes me as one of those things that seems like it could easily be explained away.  But depending on your perspective, it can be construed as damning evidence.  The prosecution effectively turns this into what sounds fairly sinister: the suspect's fingerprints on a book that has a map of the burial site ripped out.  But another interpretation is that of course Adnan's fingerprints would be in the car, over a dozen people touched the book, and the ripped out page pretty much covers their entire universe.  Depending on how you feel about the case, you're going to view this evidence differently.  Personally, it's not nothing, but I feel this is pretty weak as for physical evidence.

The Police call -  SK notes that thinking about January 13, it wasn't an ordinary day.  In fact, just by receiving the phone call from the police, that should have been something extraordinary that made the day stick.  SK had a discussion about this with Adnan:

SK:  Something pretty unusual did happen to you that day which was –

A:  Oh, but the police

SK:  --the police call you and say “Do you know where Hae Lee is?” right?

A:  Oh no.  Well it yeah I- I- I  do remember the phone call and I do remember being high at the time.  Because the craziest thing is to be high and have the police call your phone.  I mean I’ll never forget that.

SK:  I guess that’s the only thing about the day that seems weird to me that you wouldn’t then... that the day then wouldn’t come into focus for you because you’d gotten this call from the cops.  And you know you were high you were young you know it’s a it’s a scary call to get or just a jarring call to get. 

A:  I mean at the time the only thing I really associated with that call was that man Hae is going to be in a lot of trouble when she gets home if the police are at her house.  If her mother actually you know for whatever reason she you know didn’t go home or went somewhere else.  In no way did I associate this call with being you know the beginning of you know this whole horrible thing.  It’s not in no way is this like you know foreshadowing I don’t know if that’s the right word you know what what’s to come.

SK:  Mm hmm.

A:  So to me all this call was man Hae is going to get in a lot of trouble.  Her mother is going to be pissed man when she gets home.

SK notes Adnan was not the only one with this reaction.  Ice storm closed school thur-fri. Mon was MLK.  So no class until Tuesday.  All classmates SK spoke with thought she had run with Don.  Or maybe she had run off to CA because that’s what she talked about at times.

I don't know how to feel about this.  I, too, agree with SK that this was an unusual event that should have stuck in Adnan's memory.  I really don't buy that his only reaction to receiving a phone call from the police is that Hae was going to get in trouble with her mom.  Maybe if Hae's brother had been calling around because she hadn't come home yet, sure.  But to have a legitimate call from the police automatically elevates this to a serious issue.

Also, I was struck by Adnan's note that he didn't think this was "foreshadowing" this "whole horrible thing."  Not really sure why he would pin receiving a phone call from the police as the precursor event to his being imprisoned for life.  Again, I would think he would place the blame on Jay lying (assuming Adnan is innocent) to the police.  So it's another example of him not associating Jay as the cause of his predicament.  

Adnan Not Contacting Hae - SK reminds that the night before Hae's disappearance, Adnan called Hae three times.  Adnan says it was to give Hae her number.  But SK notes that after those calls, Hae's home number or pager does not come up again on his call logs.  So he never even tried to page her after it was clear she was missing.  SK notes this is puzzling if they were still good friends.  She also notes Aisha said she was paging Hae like crazy.

SK:  Did you ever try to page her and just be like you know see if you could find her raise her see if you could get a response from her.

A:  Well, I know that we would always... I can’t remember if I did page her or not but we would always talk about it at school I would always like get my information first hand from like Aisha who would usually be in contact with uh... I’d be... I- if I could remember she was in like contact with like Hae’s family.  So it was kinda like I would always if not Aisha or Krista or or or I mean it wasn’t like I was just sitting around and not even thinking about her, not paging her whatever.  But I used to always get my information from them firsthand.  So it’s not it’s not that I don’t remember(?) if I ever paged her or not.

SK:  No it just seems like.  I know Krista was trying to page her, I know Aisha was trying to page her during this time to be like where are you, where are you, where are you.  And I was wondering if you had were in that group like where are you.

(Pause)

A:  Were you asking me a question?

SK:  I don’t know.  I’m just explaining why I’m asking I’m explaining why I’m asking the question.  Is that it seems like from the relationship you had with her you would have been one of those people who were saying hey hey hey give a holler, where are you okay.  We’re all worried about you.

A:  No, but I mean I’m right alongside with them though.  It’s not like they’re in a hole.  I mean we’re all seeing each other every day we’re talking about it.  It’s not like you know it’s not like I’m just sitting there whenever Hae comes up in a conversation I’m leaving going to another side of the classroom or something like that.  I mean I’m just as involved as they are

SK:  Yeah.

A:  Yeah so I mean, I don’t... you know

This may be the biggest red flag I've encountered about Adnan.  You know how in child abduction cases the police will see if they family members refer to the missing child in the past tense?  The use of the past tense would indicate knowledge that they know the child is dead, meaning they are complicit.  Similar idea here.  It strikes me very odd that he would not have reached out to her once.  It's as if he knew she was dead and would not respond.  I don't buy the explanation he gives SK.  Getting information from Aisha is not firsthand.  Maybe he would have found it awkward to contact Hae's parents.  But there should have been no such awkwardness about paging her.  Also, listen to this exchange.  I tried my best at transcribing it but it was the most defensive and awkward I've heard Adnan be.  Lots of stammering and "you know"s.  And the long pause before asking SK "were you asking me a question?" did not seem friendly at all.  I think SK got a little cowed after that and let him off the hook.  

I suppose it's possible that he feels guilty about not reaching out to her.  But why didn't he?  There are indications they may have had a fight.  If that was the case, that would be understandable.  But it seems like he's maintaining that they were on good terms.  So I just can't reconcile good relations with not contacting her once.  

“I’m going to kill” note

A note came up at trial written on a letter Hae sent Adnan.  Hae had expressed frustration at Adnan's behavior, writing that people break up all the time but Adnan was not respecting Hae enough to accept her decision.  Adnan had supposedly shown Aisha the note and they joked and wrote notes back and forth on it (Adnan in pen, Aisha in pencil) making fun of Hae, making fun of themselves.  But at the top, it says “I’m going to kill” in pen.  Aisha was instructed to read the letter and note at trial.

Aisha tells SK that "I'm going to kill" was not on the note when she was writing back and forth and the first time she saw it was when she read it in court.  She didn't really have much to offer about that note and whether it was serious or not.

This is one of those weird issues that sound really bad but I don't know how probative it is.  People say or write things they don't mean and this does not necessarily portend a murder.  Of course, it taken at face value, it does paint a very sinister view of Adnan.  This is now some serious psychopathic behavior then if it is as the prosecution claims.

Stray report from Dave

Dave called cops to say his daughter heard something about a dead body.  It was the neighbor boy who said it.

Dave:  I just remember he had told my daughter that he had seen a the body of a girl in the back of some - in the trunk of some vehicle.  And I think to me he said it was an oriental girl or something but that’s that’s all I remember.  Yeah that’s all I know about it.

SK:  Did he tell it to you or just  your daughter?

Dave: (Quickly) To my daughter.  He didn’t tell it to me.

SK speaks with Dave’s daughter (Laura):

Laura:  He was he was with a friend and the friend says something like look what I have and he pops the trunk and that’s what he saw.

SK:  Did he seem upset or?

Laura:  He seemed disturbed.  More like wow I can’t believe what I saw.  Kinda almost like maybe he was getting something off his chest that type of thing. 

(SK asks about a name)

Laura:  I think the guy’s name was maybe Adnan?

SK:  Huh.  (pause) So this guy says my friend Adnan showed me the body of a girl in the back of a car?

Laura:  Mm hmm.  Yes.

SK:  Do you think he was telling the truth?

Laura:  Yes.

SK notes that Laura did not go to Woodlawn.  Did not know Adnan.  Knew the neighbor boy since they were little.  Laura said police never contacted her. 

SK tracks down neighbor boy, who was affable and patient and wholly denied this episode.  He was pretty convincing.  He was not friends with Adnan.  He was friends with Jay though they smoked weed together.  SK suggested maybe Jay told him the story.  NB says no way, he would not have kidded around about something to that. 

Police questioned him in 1999 and he told them he didn’t know anything.  Wrote out statement to PI working for defense.

But original police report is dated April 28th.  But Laura was under the impression that what had happened had just happened.  Laura told Dave and Dave told the police right away.

SK talked to friends of Jay’s.  They said the NB was a bit of a gossip and untalented at keeping secrets.  Nobody would tell him something they wanted to keep quiet.  

I chalk this up to a curiosity that doesn't amount to anything because of the fact the report was from April 28th.  In viewing the statements, I tend to trust Laura (and thus, Dave) in this.  It's an insane and pointless thing to make up.  Also, Laura being able to provide Adnan's name is weird.  Perhaps she got it in her head from the actual trial and such.  But more likely this was a name she was fed rather than something she made up on her own.  By the way, I believe Dave made up the detail about the "oriental girl" in talking to SK.  Probably an embellishment he added from after the trial and coverage.  

The fact that neighbor boy knew Jay is too coincidental to dismiss.  By April 28, Jay had spoken several times with police and Jay probably repeated that story.  So NB could easily have appropriated the story.  If he really had been involved, he wouldn't go talking about it to Laura.  And despite NB's assertion he would never joke about this, the account from Jay's friends make it sound like he was precisely the type who would talk up something like this.  

Considering the prosecution didn't pursue this (despite the flimsiness of their case) is also telling.  This really didn't make a difference and not an issue. 

"Cathy"

Cathy is the person who Jay and Adnan go to see after 6pm.  Cathy is Jenn's best friend.  Cathy sorta knew Jay (through Jenn) and did not know Adnan.  She said she was surprised when Jay and Adnan showed up because they hadn't called ahead  Her boyfriend Jeff had been there with her, and she remembers telling Jeff that Jay was here for some reason and wanted to hang.  Cathy said Adnan was high and sitting on the floor kind of slumped over.  Cathy also said that Jay was acting weird as well because he was being conspicuously chatty.  Cathy said while Jay and Adnan were there, Jenn called.  Jenn was surprised to hear that Jay was over there.  

There are three incoming calls during this time.  Testimony revealed that one of them was Office Adcock (probably the 6:24 call).  Another was apparently from Hae's brother.  Unclear who the third call was from.

Cathy said Adnan received a call.  Adnan hadn't said anything and he got the phone and said something like "What am I going to do, what am I going to say?"  He sounded very worried.  Not too long after he hung up the phone, he busted out the door and left.  Jay followed him and they got into the car and just sat there for a long time.  Cathy said she pointed this to Jeff who didn't seem to care.  

Cathy also said the only time Adnan talked was to ask how to get rid of a high.  He said something about he had to meet someone or had to do something.  Very important.  

Many hours later, Jay returns with Jenn.  She asked about earlier but they both shrugged it off.  But she thought it seemed like a big deal and Jenn was hiding something, with was unusual.  

I had trouble figuring out what to make of Cathy.  Her story seems coherent, but it's oddly detailed and has some contradictions.  What about Jay and Adnan made her that suspicious.  Her account seems fairly detailed, but there may be contradictions.  She says Adnan didn't talk until the phone rang.  But when did Adnan ask about getting rid of the high if he left after the call?  Cathy only remembers one call, but there were two incoming calls that came in within 2 minutes of one another.  If one had been from the "third man" why didn't she remember the call from Hae's brother.  And if her story is correct, they were gone before the police call came in, contradicting Jay's story.  

SK talks to Adnan about Cathy.  Adnan says it doesn’t make sense.  If someone had called him to warn him about the police, why would he answer the phone? 

A:  I mean if I was expecting the police to call me then I probably wouldn’t answer my phone then.  You know what I mean?  I could have just turned the phone off or something –

SK:  That’s a good point.

A:  No I mean it’s common sense.  Going through that scenario then I’m trying to avoid the police you know what I mean then I wouldn’t pick up the phone and engage in them in a conversation.

SK:  Well but there’s also the other thing where you’re just act normal everything is “yeah hi, yeah, um, yeah, no no, I saw her after school.  I dunno.”  You know where you try to just play it cool.

(pause)

A:  But then that still leaves us with the other third person.  This third individual.  I mean this would seem to make more sense if I had this conversation with Jay.  But she clearly said from what you just said that I was not talking to Jay I was talking to someone on the phone.

Adnan makes a good point.  But another thing that I noticed is Adnan goes back to his habit of sweating the details rather than looking at the big picture.  Rather than make the broader claim that he never got a warning call, he tries to "prove" it.  First he argues that he would have not answered the phone.  And then he enters a hypothetical situation where he would discuss it with Jay (his co-conspirator) and not some third person.  Once again, in lieu of a denial, he argues why it would not have happened that way.  This does tie in with the discussion at the end about how Adnan tries to prove everything.  So maybe this is just an illustration of it.  But it seems the most direct response is, "Cathy is mistaken.  I never received a call like that."  

So what happened at Cathy's?  I'm not attributing anything sinister to her story, but the details don't fit as well.  I suspect that some of the details and her interpretation of events may have been affected by the course of the police investigation and trial.  By the time police questioned her, Jay would have spoken to police and Adnan would have been arrested.  She may have read in some shady behavior based on that.  After trial more information would have been out and her recollection of events may have become crystallized with more details to confirm her suspicion.  Unclear but I don't think there's anything incriminating here.  

Jenn - I discussed Jenn in context of Episode 5.  Here, SK discusses Jenn as she testified she was the source of one of the two phone calls in Leakin Park.  She said Adnan picked up (or she assume was Adnan, he didn't identify himself) and said Jay would call him back when he was ready.  

SK adds a little bit more detail about her picking up Jay at Westview.  She says she saw them arrive in Adnan's car [NOTE:  this sounded different from the original version where the clip made it seem like she arrived after Adnan and Jay].  Adnan said hi ("what's up girl?") and seemed normal.  Neither Jay nor Adnan seemed dirty or had messed clothes.  

Interestingly, Jay consistently testified that Adnan dropped him off at home and Jenn met him there.  Even though this directly contradicted Jenn's testimony.

Adnan does not recall seeing Jenn that night or where he dropped off Jay that night.  

I still think it's weird that Adnan would answer his phone while burying a body.  Especially if he saw it was for Jay.  Makes no sense.  And I mentioned earlier how Adnan should not be happy about having Jenn anywhere near them after disposing the body.  And the fact that only Jenn says she met them at Westview is odd too.  Jay changed his story in dozens of ways.  Why not change this detail to match Jenn's testimony? Was Jay worried about Adnan remembering that it did not happen and this is just a fortunate result of Adnan having the memory of a squirrel?  

Also, Adnan's lack of information on this is puzzling too.  If innocent, his inability to remember this seems to indicate that dropping Jay to meet Jenn was not an unusual occurrence.  There has been information out there that Jay was "stepping out" on Stephanie.  If so, Jenn seems like a likely candidate, no?  Adnan is being a crappy friend if he is actually helping Jay cheat on his friend Stephanie.  

Just a lot of odd things here, but unclear why everything is off.

Nisha Call - Recall that in the call log, there is a 3:32 pm call to Nisha, who only Adnan knows.  Prosecution focuses on this call to place Adnan and Jay together then (and that Adnan was not at school).  

Police asked Jay about the call.  Jay says Adnan either made or received a call and was talking to a girl from Silver Spring (he didn't know the name).  Adnan briefly put Jay on the phone.  Police asked Jay why Adnan would call this girl minutes after strangling his ex-girlfriend.  Jay said he had no idea.  

Nisha said that there was a time when she spoke with Adnan and he put Jay on the phone.  But she said Adnan was saying he was going to a video store where Jay was working and that's when she spoke to him.  She thinks the call was more in the "evening time."  When asked if the 3:32pm call could have been, she said maybe but not sure.  

Of course, the twist is that Jay did not have his video store job until after January 13th.  And he usually worked nights (remember he was working there when police picked him up initially), which would fit more to the "evening time."  At trial, Nisha is testifying about the call and mentions the video store when she is interrupted by the prosecutor to talk about the content of the call instead.  SK speculates prosecutor is trying to keep witness from talking about the video store.  

Adnan says he can't explain the call.  He says Nisha's name was on speed dial and called her frequently.  He theorizes something like a butt dial and an answering machine.  But Nisha testified that this line did not have an answering machine.  Adnan is surprised because he was sure there was an answering machine.  Adnan says the only time he ever put Jay on the phone was at the video store.  

SK seems to treat this as the giant red flag she can't get over.  But to me, this seems pretty easily explained.  First, it seems that Jay's story about talking to her that day at the Forest Park golf course is a lie.  I trust Nisha's testimony as a 3rd party and she clearly mentions the video store.  I really don't like the prosecutor cutting her off (and again, any competent defense attorney would object and make sure she addressed this video store on cross).  So it seems this phone call happened some time after January 13th.

This tells us a few things.  After January 13, Adnan and Jay were still on good terms.  So if Adnan were basically blackmailing Jay, I don't think they would hang out socially after the deed was done.  If Adnan and Jay were not close and Adnan paid Jay, he would want nothing to do with Jay and wouldn't seek him out.  If Adnan were keeping Jay in line by threatening Stephanie, it would be stupid to put Jay on the phone with the girl he was seeing.  So this suggests to me either (1) they did it together and were in it together, or (2) Jay did it, set up Adnan, and Adnan was not aware.  

So back to the 3:32pm call.  If Jay and Adnan were in it together, the call makes sense.  They are trying to get weed after disposing of the body.  Adnan calls Nisha.  Of course, the detective wonders why he would call Nisha right after killing someone.  But then the story is still weird because why would Jay's timeline be shifted by 1 hour from the call logs.  Why make up the story about talking to Nisha then... that seems bad, but it's incremental from having the call on the log.  

If Jay had done it and were setting Adnan up, the call seems to fit more.  Nisha said this line did not have an answering machine.  This makes it seem like a landline.  Unlike cell phones, most people didn't have caller ID on landlines.  So there is also this possibility -- Jay looks through the phone and sees Nisha on the call log or speed dial.  He doesn't know her, so that's a good person.  He calls.  Someone picks up.  He pretends to be a survey or some advertising call, speaks to the person for 2 minutes.  If he calls and Nisha picks up and knows it's Adnan's cell, he could just make it seem like a butt dial.  Speculation, but it's one way to view Nisha's call to not being a big deal.

So I don't think Nisha's call independently is bad in terms of placing Jay and Adnan together at the time.  The big takeaway for me is that Nisha did not speak with Jay at this point, so another big lie in Jay's story.