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Serial

Serial S01 - Ep. 8: The Deal With Jay

13 Nov 2014

Transcription

Chapter 1: What is the significance of Jay's credibility in Adnan's case?

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We gave Times employees a preview of Crossplay from New York Times Games. And here's what they had to say. I can finally play with other people. I'm pretty competitive. It's fun to beat friends and coworkers. I have a J for 10 points. I'm guessing tanga is not a word. Let's see. Tanga is a word. Oh. As an English as a second language speaker, I like to learn new words.

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Crossplay, the first two-player word game from New York Times Games. Download it for free today. Hello, Serial listeners. This is Sarah Koenig. If you're listening to this show, I'm hoping that means that you're into it, and maybe you want to hear more stories like it. Well, you're in luck, because we've got a brand new show called The Idiot coming at the end of March, 2026.

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Just like or follow this podcast, The Serial Podcast, on your podcast app, and you'll automatically be notified when The Idiot comes out. And I am predicting you're going to love it. Okay, on to Serial Season 1. Previously on Serial. I think, like, the odds of you getting the charming sociopath, you're just not that lucky.

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So, but with Jay, it was more so kind of like, I don't know, in my mind, I was kind of like, maybe the police are putting him up to this. I said, what was your involvement? Were you involved? And he said no. Before, you stated that you'd be willing to take us out and show us where the vehicles parked. No problem. Are you still willing to do that? Yes, sir.

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This is a Global Telelink prepaid call from Adnan Sayed, an inmate at the Maryland Correctional Facility. This call will be recorded. Okay. My name is Miss Stella Armstrong, Baltimore, Maryland. And you were a juror on the Adnan Syed case, right? Yes, I was. From This American Life and WBEZ Chicago, it's Serial, one story told week by week. I'm Sarah Koenig.

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I wanted to know from Stella Armstrong why she voted to convict Adnan Syed. She immediately talked about Jay, that she believed him. Like I said, it's been a while, but I remember the one young man who was supposedly his friend who had enabled him to move the body. Right. And that struck me that why would you admit to doing something that drastic if you hadn't done it? You know what I mean?

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For what reason? What was he going to gain from that? He still had to go to jail. Yeah. Actually, he didn't go to jail. Oh, he didn't? The friend didn't? No. He walked. That's strange. That's strange. I ask Stella the same thing I ask anyone who's come in contact with Jay. What is Jay's deal?

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And by that, I don't mean his plea deal, that he pled guilty to accessory after the fact in a first-degree murder, testified against a nun, and got no prison time as a result. I'll talk more about that in another episode. What I mean is, what did you make of Jay? Which, of course, is code for, what am I supposed to make of Jay? How did he come across sitting up there on the witness stand?

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What was his demeanor on the stand? What kind of kid did he seem like? He seemed like he was streetwise. I hope that's the best way to put it. He seemed like he got around in the neighborhoods or he was able to take care of himself. He would be that friend if you got in trouble, you would call. You know what I mean?

Chapter 2: How did the jurors perceive Jay during the trial?

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With anyone. With Stephanie? If you were stepping out on Stephanie, you understand what that term means, don't you? Yes, ma'am. Okay. If you had another girlfriend, anyone, any name, anywhere, that would have impacted on Stephanie, would it have not? I don't know the last part of that.

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If you were stepping out with any girl of any name from any location, that would have impacted your relationship with your girlfriend, Stephanie, would it have not? Yes, ma'am. And you were always with her, weren't you? Yes, ma'am. Even when he gets irritated, Jay is civil. "'Excuse me, Your Honor,' he says when Gutierrez gets loud. "'Could you ask her to stop yelling in my ear, please?'

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Gutierrez died a few years after this trial, so I can't ask her, but I have to think nothing she's doing here is accidental." She was a successful, sought-after defense attorney. She was aggressive. And obviously the courtroom is no place for pulling punches. But you've got to wonder whether moments like this hurt Adnan's case rather than helped it. Because Jay seems like the underdog.

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It's Baltimore. Half the jury is black. Seven out of twelve, actually. Jay probably comes off as a nice young man, and this white lady is yelling at him. Sometimes, unwittingly or not, Jay's testimony is almost poetic.

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He says he told Jen Pusateri to be honest with the detectives because, quote, When he's asked why he didn't warn Hay that Anand wanted to kill her, he says it was because he didn't think Anand was serious. Quote,

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And when he's asked why the image of Hay in the trunk of the car stuck with him, he says, quote, I've never seen anyone dead before, and the first thing I thought was how fragile Stephanie was. People lie in court under oath all the time. Witnesses lie, lawyers lie, police lie. This should come as a shocker to no one. And I'm not saying that's what happened here.

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I'm just saying that I'm not assuming that everyone who participated in Adnan's trial told the truth. But clearly the jury found Jay believable, or believable enough. After a six-week trial, they convicted Anand in just two hours. We talked to six jurors, and none of them had any lingering doubts about the case. None of them wondered if the investigation was shoddy.

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None of them were much bothered by how Jay's statements to police had shifted over time. So, am I wrong to be hung up on that? No. I should be concerned about the inconsistencies? I am concerned about it. You are? Yes. As I've mentioned, the detectives involved in this case didn't want to talk to me for this story. So I turned to this guy. You are Jim Tranum. James, do you like James?

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Jim is fine. Jim Tranum. And we hired you. Yes. Because unlike me, you're a real detective. I'm just playing one on the radio. Jim Trenum used to be a homicide detective in Washington, D.C., a jurisdiction not too different from Baltimore. He's now become something of an expert on false confessions and an advocate for better interrogation techniques.

Chapter 3: What was Jay's demeanor like on the witness stand?

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But he also said, don't forget the flip side. But I'm also looking at some of the consistencies too. Right. That's true. He took them to where the car was. Right. And that's a huge thing right there. Jay had a big piece of reliable information that the cops themselves did not know, where Hay's car was. Plus, Trenum said, Jay's story completes a circle for the cops.

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They were suspicious of Adnan from the beginning. Then, from Adnan's cell records, they get to Jen, who leads them to Jay, who tells them it's Adnan. So their suspicions have now been borne out, thanks to Jay, through Adnan's own phone. A satisfying investigative circle. A murder case on a silver platter, says Trenum. He puts it on who they consider to be the logical suspect.

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I mean, yeah, it's pretty much a dream case. Part of what Trenum does is review investigations. And he says this one is better than most of what he sees. The detectives in this case were cautious and methodical. They weren't rushing to grab suspects or to dismiss them either. The evidence collection is well documented.

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Which I didn't expect to hear that even though it's basically a one-witness case, the cell records mostly don't match Jay's statements, there's no physical evidence linking Adnan to the murder, despite all that, to an experienced detective like Traynham, this looks like a pretty sound investigation. I would say that this is better than average. But what I'm saying is this.

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The mechanics, the documentation, the steps that they took and all of that, they look good. Okay? I would have probably followed the same route. However, what we're unsure of is what happened to change Jay's story from A to B. And we do not know what happened in those three hours or whatever like that. And that will always result in a question as to what the final outcome should have been.

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Here's what he's talking about. In both of Jay's taped statements, there's a before, a period of time before the tape recorder is turned on. When the cops first bring Jay in on February 28th, they talk to him for about an hour before the tape went on. Then, on March 15th, the second interview, Jay signs his initials to an explanation of rights form at 3.15 p.m. Then the tape starts.

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Today's date is the 15th of March. It's approximately 20 minutes after 6 at night. 6.20 p.m. So from 3.15 to 6.20, three hours have gone by since Jay signed that form. This is what's called the pre-interview. And Trenum says that's where the mischief can happen, the contamination. Not necessarily intentionally, but it happens.

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The pre-interview was when the cops and the witness kind of ironed out the statement so it could be taped as a coherent thing. And that was standard procedure back then. Now, like a lot of jurisdictions, Baltimore homicide detectives videotape the entire interview from the moment the person steps in the interview room.

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On March 15th, we know the cops had shown Jay at least some photographs from the investigation. They refer to that on the tape. And Jay says at trial that he was confronted with the cell records during that interview as well. So you have to wonder, says Trenum, whether he was massaging his story to fit what the cops wanted to hear.

Chapter 4: How did the defense attorney challenge Jay's testimony?

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He said he did have doubts about Adnan's claim of innocence, but that he definitely thought there was something, quote, unquote, off about this case, that we still don't know what happened in this murder. We still don't have the true story. I don't believe Jay's version. I think that there is a lot more to it than that.

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I feel that he's definitely minimizing his involvement to either protect himself. He's doing it for one of three reasons, to protect himself, to protect somebody else, or because Adnan did it and was right there with him. Right, right. But I cannot prove that he's given it to me without contamination. Right. The real problem is, is that how do you prove it one way or the other? Right.

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Trenum says the answers we want probably live in those unrecorded pre-interview hours, a black hole of crucial information. Since this stuff wasn't all videotaped, you know, there were holes that were never, as you're saying, like we're never going to know the answer. But for things that I could know the answer to, if you're me, what's the biggest thing I need to figure out then? Right.

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Good Jada talk. Okay. Okay. We passed the city limit. So my producer Julie Snyder and I went to see Jay.

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We did not warn Jay we were coming, which is not the generalist reporter move, I know, but I thought we'd have the best chance of success if we met him face to face so we could make our case for why we wanted to talk to him and he could have a better sense of who we were and what we were about.

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But because it's also sort of a dick move to show up at someone's door like that, Julie and I were nervous. I am so hyped up. Listening back to the tape, I wanted to give myself a Xanax. But I feel super excited to talk to him, like so excited to talk to him. I can't tell you like if this works and he I mean, he knows he knows everything we want to know.

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Every question we've had for the past eight months, seven months, he knows it. And whether or not he tells us is a different thing. But you know what I mean? Like he's like there's a treasure chest of answers that we've been looking for this whole time. And he has it. He's it. But whether or not he opens the door or if he's even home, we don't even know if he's home.

Chapter 5: What were the inconsistencies in Jay's statements?

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We arrived. Jay was not home. So we came back again many hours later, knocked. Jay answered the door, tall and skinny and exhausted looking, a beer in his hand. It was Friday, probably the end of a long workday for him. He nevertheless invited us in, asked us to sit down. We didn't record anything. We stayed about 20 minutes, maybe. It was a tense meeting and an emotional meeting, in fact.

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Afterwards, Julie and I felt like we'd walked into a stranger's house, lobbed a grenade onto his living room carpet, and then waved goodbye. We debriefed back in the car. Here's the first thing he said. I mean, he said that there are a lot of people who say that they don't think Adnan did it. And he very forcefully said, well, then who did? That's right. He said who did. He was like, I was there.

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I saw it. Like, I know what I know. He was very forceful, like, I can't believe he won't even man up and admit it. He just totally scoffed at the idea that Adnan would be claiming his innocence. He was very calm. Like, how would you describe his demeanor? Tired. Yeah. He seemed tired and a little, and wary, but not, but actually very polite and actually sort of very sweet and tired.

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And, but he also said, I'm feeling like so much, he said like kind of animal rage right now, even you bringing this up right now, which he does a good job of. you know, of keeping it in, because he didn't seem like he was about to. I mean, actually, you could kind of see him about to hit something, but in a more frustrated, understandable way.

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Jay was, understandably, skeptical of us and of our motives. When we left, Jay said he'd think about an interview and get back to us. He left a strong impression, on Julie maybe even more than on me. Even just hearing him so forcefully deny, you know, and so forcefully say, I know he did it. Yeah. Um, you know, it's your face to face. He's right there. He's a person.

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He's saying it, he seems like he really means it. This is not pleasant for him to talk about. And so, you know, it sounds believable. It does. I totally saw the appeal of him as a, as like a person and a friend and a witness. Jay and I corresponded sporadically by email in the weeks following our meeting. He said he wasn't afraid of the truth. Finally, in so many words, Jay declined an interview.

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So what is the deal with Jay? I talked to dozens of people, mostly his friends and classmates. Kids who knew him from Woodlawn High School, they have a range of opinions about whether he was a good guy or not a good guy, but they all agreed that he defied categorization. He was different. Yeah, he was like the Rodman of our, like, social world.

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He was like the one black kid who had, like, a lip ring and listened to, like, Rage Against the Machine and, you know... He would dye his hair different colors. I think one time he had it red and another time he had a blonde, but the blonde lasted for a long time. I remember the blonde for sure. I remember he had a BMX belt buckle. And he had a belt buckle. Who the hell had a belt buckle?

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Basically, Dennis Rodman is the best way I can describe it. You know, if he was at my house and my mom came home and he left, she'd be like, who's that? And why is he here? Like, whoa, he's a weirdo. At the time, I didn't know too many black guys that were into all of those piercings and shit in the big gothic jeans like that.

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