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Page Two

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Belpre PD Officer

Dave Garvey's

Testimony In The

McCrady Trial

Of 1997

Presented By

Bonnie M. Wells

www.starlightinnerprizes.com




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DIRECT EXAMINATION BY MR. SCHNEIDER CONTINUED AFTER THE TEN MINUTE BREAK:

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CONTINUED FROM PAGE ONE:

Q.- We just heard State's Exhibit #55, is that correct, that was the tape we just heard?

A.- Yes.

Q.- And it seems the tape ended in the middle of a sentence. Did you just keep talking for a couple minutes with Jack without it being on the tape?

A.- Yes. I thought the interview had ended basically. I wasn't going to ask anything more, and it didn't appear that Jack had anything else to offer. We maybe had small talk for three to five minutes maybe, nothing out of the ordinary. I think I may have even walked out to the parking lot -- I don't know if I did -- just chatting.

Q.- All right. After that conversation with Jack McCrady on the 23rd of September, what did you then do?

A.- The thing that comes to my mind is sometime after talking to jack, I called the sheriff's office.

Q.- And why did you call the -- it would be the Washington County Sheriff's Office?

A.- Yes.

Q.- Why did you call the Washington County Sheriff's Office?

A.- From what he had told me was not the same as I had been told by other people, so that was a concern that I had at that time. I called the sheriff's department to run some things past them. I wanted to get some feedback, if I can use that word, let them know what is going on -- I don't know Jack, I don't think I have ever talked to him before besides hi and bye maybe -- maybe finding somebody that knows him a little bit better than I did at the time.

Q.- Okay. And tell us what that led to.

A.- Officer Schuck answered the phone. I knew that Brian knew him. I asked Brian if he knew about the disappearance, and I believe -- I think he told me -- well, yes, he did. We just started talking back and forth. As I recall, Deputy Schuck advised me the story that he was told from the defendant as far as the money being taken out of a savings account.

Q.- Is that -- You were in the courtroom when Brian Schuck testified. Is that basically the conversation that you remember Brian talking to you about for the first time on the 23rd of September?

A.- Yes, I knew that that was different from what I had just been told. I told Brian that we were contacting cab companies, bus companies, things of this nature, and if he thought we had the bases covered.

Q.- As a result of or after the telephone call with Brian Schuck, what now is in David Garvey's mind about Jenifer McCrady's disappearance?

A.- Probably that it was odd. It began to appear to me that maybe she just didn't -- didn't walk off or drive off or something.

Q.- Is it fair to say you were becoming suspicious?

A.- Yes.

Q.- Now, for the rest of the day, the 23rd, and then on into Tuesday, I already asked you what you were doing about the case. You said you had been talking to the Barrett's most of the days. By the 27th, that would be Friday of that week, did you really have any further clues about anything?

A.- We had no leads at all.

Q.- Was there a conversation with a Belpre city worker about a Georgia Rudolph during that week?

A.- Yes.

Q.- And what did you end up doing as a result of that conversation?

A.- I ended up giving her a photograph of Jenifer and a photograph of the blazer.

Q.- You gave that to the other city worker?

A.- Yes.

Q.- And you were told basically that she was going to send that off to Georgia Rudolph in Pennsylvania?

A.- Yes.

Q.- Had you heard the name Georgia Rudolph before?

A.- Yes.

Q.- Had you talked with Georgia Rudolph before on other cases?

A.- I talked to Ms. Rudolph -- I am having to guess on the date, probably two, two and a half years ago. She was introduced to me by Deputy Winstanley when he worked at the sheriff's office. He has now quit. He is a teacher. A couple years ago.

Q.- Had you at that point ever talked to Georgia Rudolph about this case, Jenifer's disappearance?

A.- No, sir.

Q.- Going now to Friday, September 27, that evening what were you doing?

A.- Well, Friday, the 27th, I signed up to work security at a Belpre football game -- it might have been homecoming -- signed up, went over there, and I worked the football game.

Q.- Is that extra money or income for the officers, you sign up and get extra money as a security guard for the football game?

A.- Yeah. We get paid $30.00 for four hours.

Q.- Okay. So that's what you were doing that evening?

A.- Yes, sir.

Q.- Tell us what happened that evening as you were working the security at the football game in connection with this case.

A.- Sometime during the evening I saw Jeff Holbert from the Highway Patrol, which was the defendant's partner at that time. That's the first time I had an opportunity to talk to Jeff. I was hoping maybe Jeff would have something that he could contribute. I went over there and talked with him.

************ THE COURT ********* Sir, you need to keep your voice up so the jury can hear you.

************ THE WITNESS ******* Sorry.

Mr. Schneider: Q.- And then following your conversation with Trooper Holbert, did you ask him to stop by the station at sometime to give a written statement?

A.- Yes, sir.

Q.- Also during that time frame of September 24 to September 27, had you received any telephone messages from somebody named Mary Dye?

A.- Yes. I received maybe four calls, maybe five. I talked with her once. The other calls I just didn't take. I knew they were from Mary, but I didn't take them.

Q.- Up to this point, September 27, had you committed any massive amounts of legwork to interviewing all the troopers that may have known Jack McCrady or all the workers at RJF who may have known Jenifer and Jack McCrady?

A.- Yes and no. I think I talked with maybe four, five people up at RJF that had dealings with her every day. I believe I made one or two phone calls. I know I called the lady out in California more than once or she called me more than once. I talked with her. As far as the troopers, I believe the only trooper I spoke with was that Friday night, Trooper Holbert, I believe.

Q.- At the football game?

A.- Yes, sir.

Q.- Is it fair to say at that time you were suspicious of Jack McCrady?

A.- At which time?

Q.- During that time.

A.- Yes, sir.

Q.- September 24 to 27.

A.- More so on the 27, but, yes, on the 24th.

Q.- At that time did you go over to Jack's house and barge in and start looking for evidence?

A.- No, sir.

Q.- Why not?

A.- Well, I would have needed a search warrant. I didn't have a search warrant, so, no.

Q.- Did you have any evidence that a crime had been committed at that point?

A.- No. There would be no way that I could have gone to a judge and told the judge, hey, I think something is wrong here and I would like to have a search warrant and he or she would have went ahead and signed it. I didn't have any evidence of a crime. I had tales being told, and I didn't have a body, I just didn't have any evidence.

Q.- All right. Now, on any of the phone messages that you got from Mary Dye, did you return any of those phone messages?

A.- I tried to return one probably two or three minutes after she called me. She didn't answer the phone. I did answer the phone one time when she called the office.

Q.- Prior to getting those phone messages, did you know who Mary Dye was?

A.- Yes, sir.

Q.- And had you talked with Mary Dye before about other cases you had worked on?

A.- I believe the first time that I met Mary Dye and probably the last time before this happened that I talked to Mary Dye would have been two to three years ago. I met Mary and Georgia at the same time, they were together.

Q.- You met them together through John Winstanley of the sheriff's department?

A.- Yes, sir. I may have talked with Mary sometime a year and a half ago, but I do not recall.

Q.- And when was the first phone call or the time you really talked with Mary on the telephone?

A.- It was either on the 26th or 27th of September 1996.

Q.- And how long of a phone conversation was it?

A.- Fifteen, twenty minutes maybe.

Q.- And when did you next see Mary Dye or talk with her after that phone conversation?

A.- On September 30, would have been the following Monday.

Q.- Tell us where that meeting took place.

A.- At the Belpre Police Department.

Q.- Did she come to you or did you call or have her paged to come in?

A.- I was told she was at the office. I don't know if I was out and about and came in or I was in my office, but she was at the office.

Q.- At that point in time, did she -- and you were in the courtroom when she testified?

A.- Yeah.

Q.- Did she at that point in time recount what had happened on Saturday, what would be the previous Saturday, September 28?

A.- She had told me what she was told Friday, I believe by Georgia, and then she told me what she did Saturday, yes.

Q.- And as a result of the conversation with Mary, what did you do?

A.- Mary left. I went back. I advised the chief.

Q.- Who is the chief?

A.- Chief Walker. I advised the chief what Mary had told me, and we both knew that we was going to go out there and look. I can honestly say at that point it was probably the first solid thing that I had. I didn't know if it was going to be anything, but this was actually something that we could actually check on.

Q.- Something at least you could check on to scratch off if nothing else that you have done so?

A.- Yes.

Q.- And when did you and the chief go out there?

A.- It was in the early afternoon of Monday, September 30.

Q.- Tell us what you did when you got there.

A.- If you recall, when you go up the road -- it was very easy to find based on what Mary said, a leased oil well road. As you recall, when you climb that first hill, there is a parking area. I parked my vehicle there -- or the chief's vehicle, I don't know which. We went directly down the road where you all went to. After we went through the dip, came up the little road, beared to the left and started walking back toward the well.

One of us -- I think it was me -- that saw the grave on the right hand side, the partial digging. We looked at it, and one of us made a comment about the size, and when I say the size, I am not talking about the depth, I am talking about the length and width. Maybe within seconds we turned to go further up the road, and as soon as we had turned to go back on the road, we saw the grave on the left hand side where all the limbs were piled up and a pile of dirt.

Q.- Looked like fresh digging?

A.- Yes, sir, it did.

Q.- Was it a similar size as the one you saw on the right?

A.- Yes, length and width, yes.

Q.- And then what did you do?

A.- Stared at it for a moment. We talked about what we should do. I know that we talked about we are in the county and we work for the city, so there wasn't a whole lot that we could do.

The chief advised me to contact the sheriff's office. I told the chief at that time that I had already called the sheriff's office and they were coming down Tuesday morning to process the blazer, they were to be there at 8:00 in the morning. Maybe this is 2:00 in the afternoon or maybe later than that. So, we kind of agreed I would just let them know in the morning. I didn't know what I had, but I knew that I wanted somebody to check it out.

Q.- Did you take Jeff Seevers from the Washington County Sheriff's Department to that location on October 1?

A.- Yes, sir, I did.

Q.- Now, we will fast forward through the October 1 activities of that day and ask you, did you that evening on October 1 apply for three search warrants, one for a house and one for -- one each for two different vehicles at the McCrady residence?

A.- Yes, sir, I did.

Q.- Did you obtain a search warrant or those three search warrants at about 11:52 p.m. on October 1?

A.- Yes.

Q.- Were you present when those search warrants were then executed sometime after midnight on the Dana Road property in Belpre, Ohio?

A.- On October 2.

Q.- On October 2?

A.- Yes, sir, I was.

Q.- What basically were you searching for on the first warrant to the house and plus the first warrant to the two cars?

A.- We were trying to find items that would link finding Jenifer at the grave site to the house. We was looking for items such as her watch we couldn't find -- we knew that she had one on -- her glasses, her pocketbook, anything that we could link the two together is what we was looking for.

Q.- Match to the pajamas?

A.- Match to the pajamas, yes, sir, both the top and the bottom, yes.

Q.- And at that point -- did you help participate in the search? I think one of the exhibits we have shown somebody else with a --

A.- I helped Seevers in the master bedroom. I searched the dresser that was in that bedroom. I searched the bathroom on the main floor where the living room is, and I assisted in looking in the bathroom on the second floor where the kids stayed. That was just about it. The rest of the time I was just meandering around.

Q.- Did you know that at this time the body had been transported to Montgomery County for an autopsy?

A.- I probably did. I don't know.

Q.- And after or during or while the first search warrant of the house was being conducted, were you aware that a gun was found, a .38 Smith & Wesson?

A.- A .357.

Q.- Or .357 gun I mean -- what has been marked as State's Exhibit # 10?

A.- Yes, sir.

Q.- And were you also made aware that certain photos had been found in the house, photographs in the house?

A.- Yes.

Q.- Did you then apply for a second warrant, which by that time would be a fourth warrant if you count two for the vehicles. Did you apply for a second warrant for the house that morning on October 2 to actually be able to seize the gun and seize those photographs?

A.- Yes, sir. I think that was about 7:30 in the morning give or take, yes.

Q.- Subsequent to that, did you learn that the gun had been taken to the BCI&I laboratory and had been examined?

A.- I don't know when I heard the gun had been examined.

Q.- At some point, did you learn the gun had been examined and somebody said the barrel had been altered?

A.- Yes, sir.

Q.- And at that point, did you on October 3 at about 6:00 p.m. receive a third warrant to search the house -- it would be the fifth warrant overall but the third warrant for the house and the outbuilding, again, to search for evidence of altering that weapon, the drill bits and that sort of thing?

A.- I think so or Officer Forshey -- I don't know which warrant Captain Forshey received. That might have been his or that might have been mine, I really don't know right now.

Q.- Then did -- were you present in the house when -- and there has been testimony by Brian Schuck that pillow shams were found in the house, and there has been testimony by Dave Meyer that different drugs were found, and then other witnesses have testified that her purse was found. Were you present in the house or at that location when these items were found?

A.- Okay. I was not present when the purse and the pills were found, and if the pillow shams were found at the same time, then my answer would be no, but I can't recall when the pillow shams were found; but I was not there when the pocketbook or the drugs in the garage were found.

Q.- Did you -- were you also aware that subsequently in January of 1997 another warrant was obtained for the house for the BCI agent to go back and collect fibers from the house?

A.- Yes. BCI contacted the sheriff's department who contacted me, advised that they wanted to go back in and get some fiber samples from the house, so I got another warrant for the fibers.

Q.- Were you aware that the .357 magnum revolver was seized from the house?

A.- Yes. sir.

Q.- To your knowledge, were any other weapons seized from the house?

A.- I don't believe so.

Q.- Were there other weapons found at the house?

A.- Yes. sir.

Q.- But they were not seized?

A.- The only other weapons I recall seeing was maybe a shotgun or a rifle or maybe both, but --

Q.- Did you or any law enforcement personnel find any .38 caliber handguns in the house -- in the McCrady house?

A.- From the testimony that I have heard, the officers found some in the master bedroom. I don't believe I recovered any in the house.

Q.- After the body was found on October 1, Jenifer McCrady's body was found October 1, did your investigation change in scope, direction, magnitude?

A.- I believe it did, yes.

Q.- And in what manner at that point, did more people become involved?

A.- Yes, yes.

Q.- And who all became involved like almost immediately?

A.- It would be the City of Belpre, the Washington County Sheriff's Department, the City of Marietta Police Department, the Highway Patrol -- we contacted BCI to come down and help. I believe that's all the agencies that probably worked for the next five days, six days hand in hand.

Testimony Continued / Page 3

I will be working on my own review of the McCrady case throughout 2010. As I finish the pages, I will post them.

There still remain many things about the McCrady case that bother me, and that I feel need to be addressed. I intend to address them, as well as share some of my own personal thoughts, opinions and information with my readers.

I continue to hope that the Ohio Innocence Project will some day select the McCrady case for their study. I'd give all I could give to see it re-enacted - especially certain people's testimony!

Here's a link to the first page of my review. When it's up and ready for reading the link will work.

McCrady Case Review, page one


Bonnie M. Wells


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www.starlightinnerprizes.com

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Page posted: July 2008 / Feb. 2010 // BMW