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Page Three

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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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CONTINUED FROM PAGE TWO:

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Q.- And up to that point -- up until October 1, were you aware that there had been a private investigator hired by the Barrett family?

A.- Yes. They hired Crowl Investigations.

Q.- Prior to the discovery of the body, had you been in any contact with the private investigator to discuss what they were finding and/or to compare notes at that point?

A.- I believe I met her one time. It was a female. I believe her name was Ms. Krane. That's spelled with a K, I think, K-r-a-n-e. I think I spoke with her at least once on the telephone, maybe more, I don't recall.

Q.- I am going to show you two exhibits earlier marked State's Exhibit #1, ask you to examine State's Exhibit #1. Do you recognize what that is?

A.- Yes, sir.

Q.- What is it?

A.- It is a copy of the recording that I made from the voice mail that you have already listened to.

Q.- And at the beginning -- I think I skipped over it when I played the tape -- is it your voice on there just saying --

A.- It is saying where I am, what time it is, the date and that this is a recording of the voice mail of Jenifer McCrady.

Q.- Does it say you are at Crowl Investigations getting a copy of it?

A.- Yes, sir.

Q.- Did you end up getting the copy -- did you have it before the body of Jenifer McCrady was discovered?

A.- No, sir, I did not.

Q.- Now, I am going to ask you to look at State's Exhibit #3. Can you examine that? Do you recognize what State Exhibit #3 is?

A.- It is another recording. It has my handwriting on it. It is dated 9-19-96, McCrady calls to P.D.

At the Belpre Police, all incoming phone calls on four lines are put on tape. That tape runs 24 hours a day, 7 days a week every day of the year. We have a dual system. If one system fails, the other system comes on.

Sometime after we found her, I went to the machine. I took out the tape. We keep the tapes for 30 days. We just use them over and over again. I took the tape for the 19th out, and I made a copy off the original tape, put it on this tape. That would be the phone calls that you heard the defendant make to the police department and talk to the dispatcher.

Q.- Keep your voice up.

A.- Okay.

Q.- So this is a compilation tape that you actually made from the master tape?

A.- Yes.

Q.- And those would have been made, as we heard earlier, sometime on September 19 and then into the early morning hours of September 20 when the blazer was recovered?

A.- That's correct.

Q.- Did you then -- I am going to show you a series of photographs, ask you to look at those photographs. Starting with the top one, P-27, do you recognize what that is a photograph of?

A.- Yes, sir. It is a photograph of the defendant's home. It is an aerial shot, and it has a circle on a tree.

Q.- And now I will ask you to look at P-28.

A.- P-28 is basically the same as P-27 besides taken farther back, so you have a larger aerial view of the defendant's home.

Q.- And P-29?

A.- P-29 is the same as 27 and 28, just I guess farther back or higher up.

Q.- Okay.

A.- And P-30 is the same besides -- these three photographs look to be taken from the south looking north, and this photograph would be from the east facing west of the defendant's home and all the houses around it.

Q.- Okay.

And now I am going to show you what has been marked as P-10, another photograph. Do you recognize what that is a photograph of?

A.- That's even higher. It shows almost the entire town. The number is P-10, This one shows the parking area of the park, Civitan Park, where the blazer was found. It shows the airstrip. It shows the Ohio River. And somewhere in the middle of it would be the defendant's home.

Q.- All right. And where -- is that shown on that photograph where the boat ramp is in relationship to the McCrady home?

A.- Yes,sir.

Q.- And could you tell us, can one get there pretty directly?

A.- By driving or walking?

Q.- Either one.

A.- Yes.

Q.- And can one get there by walking?

A.- Yes, sir.

Q.- What route would be the easiest, most direct route from the boat access ramp to the McCrady home?

A.- Okay. All you would have to do would be to leave the boat ramp and walk let's say to the east. You would be walking towards the park. You would only have two choices when you come up to the ball diamond. The ball diamond is fenced in. And you can see the ball diamond on the photograph. You can walk to the left and walk on the outside of the fence and walk right down the boulevard. There is a junkyard down there. I don't know if you remember seeing that, but there is. Or when we come up to the ball diamond, you can just go to the right, and you would walk right out towards the junkyard or the main road in town. All you would have to do would be to cross over the road, walk down where the planes land and you could walk straight to the house.

Q.- Did you in connection with this case time such a walk?

A.- Yes, we did.

Q.- And what time did you come up with?

A.- Starting from where the blazer was parked, which was the second stall, walking to the house, going on the front side of the ball diamond, not going on the back side, front side, walking at a normal pace, it took 11 minutes and 55 seconds to walk to the gate on the house.

Q.- Did you time it at all by jogging or running?

A.- No,sir.

Q.- That was just on a walk?

A.- Yes.

Q.- Did you time a drive in a vehicle from the McCrady home to Township 298 where the body was found?

A.- Yes,sir. We did that four different ways.

Q.- What are the four different ways, four different vehicles or just four different paths, four different routes?

A.- We took two different routes and drove in two different fashions. One way was by doing 35 miles an hour or less in town, 55 miles or less out of town, and then we would take the same route and go 45 or 48 in town and 65, 68 out of town, so we took two roads -- two different ways but different on the speed.

Q.- All right. As to the timing for the faster speed, what drive times did you find?

A.- Okay. Driving from the house out to the graves where she was found, it took 6 minutes. Coming back a different way -- there is about only two ways that you would want to go -- coming back, it would take 8 minutes and 58 seconds.

Q.- All right. Tell us what route you took going out from the house to the grave site.

A.- When you come out of the driveway, you would have turned to the right, gone up to the stop sign, turned to the left. That would put you on Putnam Howe Drive. That road takes you right out of town. If you just stay on that road, you get right on to 618. 618 is the same as what we call Washington Boulevard. If you keep on the boulevard, it turns into Route 50 and 7, and that would take you right down to Township 298.

Now, the other route was by coming back, took Route 50, stayed on the four lane all the way through town past Farson Street, Braun Road, and you come up to Clement Avenue, turn right on Clement Avenue, go down to the stop sign. When you get to the stop sign, you turn right, cross over the tracks, go to the next stop sign -- it is a short distance, about a hundred yards -- and then you would turn left, and that would put you on the road with the big hill that goes down to the house.

Q.- Okay. And, now, what was the timing taking the slower speeds?

A.- It would be 10 minutes and 22 seconds or 12 minutes and 9 seconds.

Q.- Did you as part of your investigation go out to 298 into that oil well access area and dig a grave?

A.- Yes, sir, on March 20 of this year, 1997.

Q.- And tell us what you did -- that is, did you dig just one grave or did you take time to dig two or try to dig two graves?

A.- I dug two graves, and I covered one in. What I did was, I took out a measuring device -- I don't know if it was a yardstick or a tape ruler -- and I measured out an area directly beside the first grave -- what I call the first grave, the one that was only dug about six inches deep.

Q.- The one Officer Kinzel testified was root bound?

A.- Yes,sir. And I marked out an area 3 x 6, and I tried to turn up the same amount of dirt as what I could remember was turned up the first time. I didn't go any deeper than maybe like so. So, I tried to do it as close as I could to what I saw back on the 30th.

Q.- Okay.

A.- And that took me nine minutes to do.

Q.- All right. Then what did you do?

A.- I then moved over to where Jenifer was found. As you are facing her grave, I dug on this side of it. I stayed away far enough so that I wouldn't get into the old diggings. I tried to find an area out. I went ahead and did my 3 x 6, and I started digging, and I dug down to the depth that we thought that she was placed -- I want to say 20 inches -- I don't know if that's right or not -- and I times that, and it took me 39 minutes to dig that grave. I then took a break, waited 20 minutes, and I re-covered that grave up. I took the dirt that I had dug and put it back in because that's what appeared to have been happened in the other place. And to shovel all the dirt back in to the one that I dug took 14 minutes.

Q.- So the total elapsed time including your 20 minute break was what?

A.- To dig both the sites and to refill the second grave -- you want me to add the 20 minutes?

Q.- Right.

A.- It would have taken 82 minutes.

Q.- An hour and twenty-two minutes -- that would be an hour and twenty-two minutes?

A.- Yes,sir.

Q.- Ed Potter has testified in this matter. How was it that in your investigation you came to -- or did you come to call Ed Potter?

A.- Yes, sir.

Q.- Explain to the jury how it was that you and when it was that you got the information the led you to call Ed Potter.

A.- I was told that I needed to go down and talk to John Ramey. You spell his last name R-a-m-e-y. John owns the junkyard there on Washington Boulevard. John advised me that I needed to get a hold of Ed Dowler's son-in-law or nephew. He told me that the nephew or son-in-law knew a man that had seen a trooper at the Marathon driving a red blazer. So, I contacted Mr. Dowler. Mr. Dowler said, no, you got it all wrong, my nephew or son-in-law didn't see anything at all, he works for Solid Rock Construction, his boss, Ed Potter, was telling him that he saw the blazer at the time of the disappearance with the trooper driving it. I believe I just went to the phone book or I called and I got the phone number for Solid Rock and ended up talking to Ed Potter.

Q.- After you had talked to Ed Potter, did you then -- what did you do with that information? Did you give it over to the sheriff's office so they could follow it up?

A.- Yes,sir.

Q.- In any of the conversation that you had had with Jack, had he ever mentioned to you that he had been in his wife's blazer on September 19 around 7:00 that morning?

A.- No, sir.

Q.- In any of the conversations that you had heard from other people reporting what Jack had told them, had it ever been mentioned by Jack McCrady that he was in his wife's blazer at around 7:00 a.m. on September 19?

A.- You said did anybody tell me that he told them --

Q.- Did you hear that from any source?

A.- No, sir.

MR SCHNEIDER: No other questions, Your Honor.

THE COURT: Cross.

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CROSS EXAMINATION BY MR. KIGER

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Q.- Sergeant Garvey, it would seem that you have been involved in the investigation of this case pretty much from day one?

A.- Yes, sir.

Q.- Would you say that in the months that have passed since last September 19 you have probably worked more on this one case than all of your other cases put together?

A.- I probably would, yes.

Q.- How many hours would that be assuming you are working 50 hours a week? Is 25 hours a week a reasonable estimate that you worked on this case on the average?

A.- I don't know. That would -- I don't want to put it too high, but I don't want to put it too low. There was a lag period -- what I call a lag period -- in the middle of the case, it didn't seem like much was going on. At the beginning 80 hours a week probably at the beginning 80 hours a week probably at the beginning and here recently a lot of hours -- I don't know, sir.

Q.- How many different people have you personally either face to face or by telephone interviewed about this case?

A.- I would have no idea.

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THE COURT: Sir, I am having a lot of trouble hearing you. I know the jury can't hear your answers. You really need to speak much more loudly.

THE WITNESS: I apologize.

BY MR. KIGER ......

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Q.- More than a hundred?

A.- Oh, gosh, no.

Q.- More than 50? Quite a few?

A.- Twenty.

Q.- And in all that time, have you stumbled across or located anyone who can identify that sleeping bag?

A.- Not to my knowledge.

Q.- Have you been able to talk with or locate any person who claims to know where that sleeping bag came from?

A.- No, sir.

Q.- Now, you were telling us about Mr. Potter and someone allegedly seeing Mr. McCrady in a red blazer at this Marathon station?

A.- Yes. sir.

Q.- In your driving time that you were telling us about down and back, in either one of those trips down or back, did you factor in stopping at the Marathon to buy some gas?

A.- No, sir.

Q.- Or going in to use the bathroom?

A.- No, sir.

Q.- Let me show you what has been marked as Defendant's Exhibits #2 and #3, and what do you see depicted in Defendant's Exhibit #2?

A.- Number two is the back end of a red blazer with an Ohio license, RMM 173.

Q.- A red blazer with black trim?

A.- Black trim, and it has a black tire on the back that says blazer. It is sitting next to a Highway Patrol car, #1467.

Q.- And what is depicted in Defendant's Exhibit #3?

A.- That would be another red blazer based on the license different than #2.

Q.- Is that another red blazer with black trim?

A.- Yes, red blazer, chrome. It has a roof rack. I don't see any black trim.

Q.- I am sorry, maybe that one doesn't have trim. Do you recognize the scene where either one of those photographs is taken?

A.- I think this one is taken at the Highway Patrol barracks, that would be #3, and the reason I say that is because of all the corn out back.

Q.- That appears to be taken at the parking lot of the Highway Patrol post?

A.- Number three, yes, sir, and I am assuming that number two was taken there also just based on the parking lot is the same as number three, but I don't know.

Q.- All right. Thank you. -- How many Highway Patrol troopers do you know who drive a red Chevy blazer?

A.- Lieutenant Dunn.

Q.- Is one of these Lieutenant Dunn's vehicle, if you know?

A.- I don't know, sir. I assume so.

Q.- Okay. -- It sounds as though from September 19 when you are there at the shooting range and perhaps Patrolman King tells you about the missing person's report until September 30 there really is -- there is no developments at all of any concrete nature?

A.- Yes, sir, true.

Q.- And during that time, how many times did you talk to Mr. McCrady either in person or over the phone?

A.- Maybe three, four times.

Q.- We heard a tape before we took a break a little while ago. Was that your only face to face meeting or was that the most detailed?

A.- I want to say that there was one time during the week of the 23rd that I talked to him in the parking lot, but I am not absolutely positive, but I am pretty sure I did.

Q.- And during this period of time, from the 19th to the 30th, did Mr. McCrady ever refuse to be cooperative?

A.- No, sir, he never did.

Q.- Did he ever -- if it happened -- I don't know if it did happen -- did he ever fail to return a phone call or a phone message?

A.- Not to my knowledge.

Q.- Did he ever seem evasive in any way?

A.- No. About the only thing I can say in reference to what you are talking about would be I did ask him to check on the bank records -- if you remember during the tape -- to see if maybe she had taken some money. I never heard anything back, but that would be the only thing that I could recall.

Q.- In and around his home at anytime when you were there, did it appear that he was packing up and getting ready to leave?

A.- No, sir.

Q.- When he came to talk to you, was he -- if you know -- if you don't know, that's fine -- taking time off from work in order to come see you?

A.- I don't know, sir.

Q.- Was he in uniform when --

A.- No, sir, no.

Q.- Would it be your understanding from all the information you collected that Mr. McCrady as a result of his wife's disappearance and her death is left with the sole responsibility of these two children?

A.- Yes, sir.

Q.- Is it your understanding from what you know about this case that his wife's disappearance and her death created financial problems for him?

A.- I would imagine so.

Q.- In the tape that we listened to, tried to listen to, there is reference made I believe Mr. McCrady in sum and substance was saying that he was a bit confused or maybe he was upset -- I am not exactly how he put it, but something along the lines he thought if the in-laws were going to these football games rather than being around concerned about Jenifer that that indicated something to him, do you remember that part of the conversation?

A.- Yes, sir, I think I do.

Q.- And I believe your response was that you kind of wondered about that too?

A.- Correct

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Testimony Continued / Page 4

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