Oct 28

Why It Can't be the 3:15 Call

By Dana Chivvis

In Episode 5, Sarah points out that the prosecutors were clear during the trial that the come-and-get-me call from Best Buy was the one listed at 2:36 on Adnan’s call log. They said this even though no one testified to it. In fact, Jay says the come-and-get-me call didn’t happen until after he left Jenn’s house that day, around 3:45.

Sarah concludes that because there’s no incoming call around 3:45, the prosecution has to choose the 2:36 call.

Some savvy listeners have pointed out that if you look at Adnan’s call log, there’s an incoming call at 3:15. So couldn’t that be the come-and-get-me-I’m-at-Best-Buy call? We thought about this too, but there’s a good reason why it can’t be. (We also thought about explaining all this in Episode 5, but decided we’d probably exhausted everyone’s attention span for the intricacies of cell phone records.)

Here’s why it can’t be the 3:15 call. 

At trial, Jay testifies to a specific order of events on the afternoon of Jan. 13. He says he spent the bulk of the afternoon hanging out at Jenn’s house. He had just left Jenn’s to see if his friend Jeff was home when Adnan called to say meet me at Best Buy. So Jay drives approximately 8 - 10 minutes to meet Adnan at Best Buy.

He gets to Best Buy, Adnan pops the trunk of Hae’s car and shows Jay Hae’s body, and then they drive to the I-70 Park and Ride, which is another 7-10 minute drive away. They leave Hae’s car at the Park and Ride and start driving towards Patrick’s house, where they’re headed to buy some weed.

At this point in Jay’s testimony, Prosecutor Kevin Urick stops Jay and they have the following exchange:

KU: Okay. Hold on for a second, if you would, please. Look at line 26 on the exhibit again. Do you recognize that number?

Jay: Line 26?

KU: Yes.

Jay: Yes, that’s Jenn Pusateri’s number again.

KU: And do you see the time of that call?

Jay: Yes.

KU: Please read it. Well, please read her number for the record first.

Jay: [Reads the number.]

KU: And do you notice the time of the call?

Jay: Yes.

KU: What is the time?

Jay: 3:21.

KU: And the length of the call?

Jay: 42 seconds.

KU: Do you remember making that call?

Jay: I believe so, to ask her if he was on or if he was home, one of the two, meaning if he had marijuana.

KU: Whose number was line 26 again?

Jay: That’s Jenn Pusateri’s.

KU: Oh.

Jay: I was calling her, hey is “P” on, do you know if “P” is on again, do you know if he is home?

KU: This was after you had dropped off the car at the Park and Ride?

Jay: Yes.

Jay testifies that he called Jenn at 3:21, after leaving the Park and Ride, to ask Jenn if Patrick is home.

If the come-and-get-me call were at 3:15, that would leave Jay only six minutes to drive to Best Buy, see Hae’s body, drive to the Park and Ride, and then on to Cook’s Lane toward Patrick’s and make the call to Jenn. But it’s impossible to do all that, because at minimum, that drive alone would take 15 minutes. So, Jay’s story is only possible if the come-and-get-me call happens at 2:36.

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