Full disclosure: this post is something of a cop-out, since I probably will not have time to write another substantive post until this weekend. But while I already addressed a lot of the oddities in Jay’s police interviews, in my previous post about Jay’s descriptions of how Hae was buried, people have been asking about the rest of Jay’s transcripts. So even though, at this point, I am beating a horse that is extremely deceased, I have cleaned up some of my notes on the rest of Jay’s transcripts. But you’ve been warned — unless you happen to have an interest in the smallest details of Jay’s police statements, this post is not for you.
Also, I want to preface this by noting that, from the comments I have received on my previous posts about Jay’s questionable trial testimony, it would appear there is a large segment of Serial listeners who find all of this irrelevant and pointless. A common response seems to be, “Well of course Jay lied about everything — we already know that. But the fact Jay was never able to tell the truth about what happened does not mean that Adnan is innocent, it just means Jay helped Adnan kill Hae.” And I promise that I am getting to that; there is definitely an important discussion to be had about everything in the prosecution’s case that was not based on Jay’s testimony.
But the fact that Jay lied throughout all of the statements he gave cannot be dismissed as blithely as some people would seem to like. First, although Jay’s lies are often excused on the basis that they were only told either to minimize his role in the crime, or to protect Jenn, that simply cannot explain the bulk of Jay’s lies. Yes, some of his lies do appear to have been directed at protecting Jenn, and that is an important piece of the puzzle. (And I would fully agree that all of Jay’s lies are designed to protect himself from being charged with a more serious crime.) But most of Jay’s lies are not about things that could alter his culpability for any crimes — in fact, Jay’s statements grow steadily more inculpating as his interviews go on. (Alhough, if anyone would like to theorize about why lying about Patapsco State Park was so crucial to Jay’s defense, please be my guest.)
Second, while it is true, like I mentioned earlier, that one witness’s fabricated testimony cannot be used to prove Adnan’s innocence, by the same token that fabricated testimony cannot be used to prove Adnan’s guilt, either. Because once you agree that Jay’s story is unreliable, inconsistent, and manufactured, then the only way to conclude that Adnan is guilty is to discard everything in Jay’s statements that is inconsistent with the theory that Adnan and Jay worked together to kill Hae (which is a lot of things to discard), and to also assume the existence of a whole host of additional facts that were not contained in Jay’s testimony, or anywhere else.
But once your theory of the case is based on accepting only those parts of Jay’s testimony that are consistent with Adnan’s guilt, and by speculating about the existence of additional sets of facts to which Jay has never testified — well, how is that any different from simply writing a piece of fiction? By using that approach to Jay’s testimony, it is possible to invent a narrative that supports the guilt of just about any individual connected to Woodlawn.