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Page Four

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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 THREE:

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Q.- Now, at that time when you made that statement, I kind of wondered about that myself or whatever you said, were you being sincere when you said that or were you just trying to keep the conversation going?

A.- Part two.

Q.- What's that?

A.- I wanted to keep him talking. I felt that if at any time during the time I was talking to Jack if I became accusatory, that he may not feel comfortable, so I agreed with him, yes, sir.

Q.- And he was comfortable?

A.- Appeared to be.

Q.- And did he express to you that he thought it peculiar or odd that Dr. and Mrs. Barrett would just go on and go ahead -- I think at that point one football game when Jenifer had been reported missing?

A.- Yes. he did.

Q.- Did you think that was odd -- whether you expressed it to him or not, did you think it was odd?

A.- I probably did.

Q.- I'm sorry?

A.- I probably did.

Q.- So his feeling about it was similar to yours?

A.- I don't like that part.

Q.- Okay.

A.- It is odd that somebody would leave, but in my 11 years, I have seen other people do that. Some people sit at home and they fret and they worry, some people mow the grass or some people may go out to eat dinner. I don't know what I would do because I have never been there, but everybody handles things differently, so when I say that I think it is odd, I don't want you to think --

Q.- It doesn't make them bad people?

A.- No, sir.

Q.- But how other people interpret it is sometimes interesting, isn't it?

A.- Yes. it is.

Q.- You heard Patrolman Smeeks -- I think it was Smeeks, who went to the house and got all the credit card information?

A.- That Sunday?

Q.- Yeah.

A.- Yes, sir.

Q.- Did you go through all that stuff?

A.- Yes, I did.

Q.- Did it appear to be recent, legitimate information, bona fide receipts and so forth?

A.- The only thing I recall right now is I think some of it was recent. I think some -- I think some of the paperwork was -- may have been on closed accounts.

Q.- May have been what?

A.- On closed accounts, like an old account.

Q.- Old financial records?

A.- I think.

Q.- And Mr. McCrady turned those over without a warrant or anything, didn't he?

A.- Yes, sir, he did.

Q.- And so you became suspicious after or during what, was it your conversation with Schuck or some other time?

A.- A combination of quite a few people, my own, Schuck's, RJF people, the other officers working at Belpre and probably because it wasn't getting any leads.

Q.- You have the daughter of a prominent citizen missing and something has got to be done, is that the way it is?

A.- Yes, but we try to do as much as we can.

Q.- I know. -- Now, when during the investigation did you -- I mean up to and including today, when was it during the investigation that you discovered a police report concerning the attempted abduction of Bradley McCrady that occurred in October of 1995?

A.- You can tell me the date, but it would have been the day before your office picked it up from my office.

Q.- And that would have been fairly recently, wouldn't it?

A.- It may have been even during the trial maybe, the first week.

Q.- I don't think it was that late.

A.- Okay.

Q.- That happened in -- I think the date is October 19, 1995?

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

Q.- And the circumstances were that Mr. McCrady was dropping off one of his children -- dropping off the younger child, leaves the older child in the vehicle, and when he comes out, the older child reports that some woman has tried to get him out of the car, is that the gist of it?

A.- Yes, sir.

Q.- And a police report was made later the same day?

A.- Yes, sir.

Q.- By Mr. McCrady?

A.- I believe so, yes.

Q.- To Patrolman King?

A.- Combs.

Q.- I am sorry, Combs?

A.- Yes.

Q.- Now, that bit of information, that police report, which I am sure you have read --

A.- Yes, I have.

Q.- -- was not factored into any of this until within the last two weeks?

A.- That is correct.

Q.- But that is something that if we look backwards instead off forward, that's something that happened 11 months prior to Jenifer McCrady's disappearance, correct?

A.- If it was October 1995, yes, sir, 11 months.

Q.- I think I counted that right. Now, in this case we have the indication that Jenifer McCrady was bound hand and foot, do we not?

A.- Is that a question?

Q.- I am talking to you.

A.- Yeah, I know that.

Q.- We have that indication?

A.- I believe so.

Q.- Is that not consistent with someone being abducted?

A.- To tie them up?

Q.- Yeah.

A.- I would assume so, yes.

Q.- Within the McCrady house -- to get right to the heart of this, it sounds like the theory is that he gets home from work, walks in the house, something happens, he shoots her, is that pretty much the way you are seeing it?

****** MR. SCHNEIDER: I will object.

****** THE COURT: The objection is sustained.

BY MR. KIGER:

Q.- In the McCrady residence, did you find any evidence of blood?

A.- No, sir.

Q.- Anything that looked like a bullet hole had been patched?

A.- No, sir.

Q.- Any indication of a violent argument such as broken furniture or, you know, odd looking marks in the wall or anything like that?

A.- Nothing, sir.

Q.- Now, with regard to the blazer at the Civitan Park, you had been working in Belpre for about how long?

A.- I think I am going on six or seven years.

Q.- Do you also live there?

A.- Yes, I do.

Q.- How long have you lived there?

A.- Since 1991, just shortly after I started.

Q.- Now, in the town of Belpre a lot of people get out and move around in the morning walking, going to work?

A.- Civitan Park is -- yes.

Q.- I don't mean just there. I mean the town in general.

A.- I have always thought Belpre to be pretty quiet in the mornings, not too many people moving besides traffic going to work.

Q.- People, for instance, going to work down at the Shell plant, getting off work and things like that?

A.- Yes.

Q.- Other businesses opening up?

A.- Uh-huh.

Q.- People are moving around in Belpre say from 6:00 a.m. on?

A.- Yes, sir.

Q.- Now, in this case, of all the people you have talked to, of all the information you have had, do you have any one witness or have you located any person who says they saw a Ohio Highway Patrol trooper in uniform walking through Belpre on the morning of the 19th?

A.- No, sir.

Q.- Pardon?

A.- No, sir.

Q.- Now, overlooking the parking lot there at the boat ramp of Civitan Park is a fast food restaurant called Hardee's?

A.- Yes, it is up on the hill.

Q.- Out behind Hardee's they have built a very nice deck out there, haven't they?

A.- Scenic deck, yes.

Q.- And you can go out there and sit and drink your coffee and you have probably done that?

A.- No, but people do.

Q.- The other people have a chance to do that?

A.- Yes.

Q.- From that deck, can you see right down onto this parking lot?

A.- Yes, sir.

Q.- After Labor Day in September, is that boat ramp and parking lot generally as busy as it is before Labor Day in your experience on weekdays?

A.- On weekdays?

Q.- Yes.

A.- Less busy -- like Monday through Friday after Labor Day, it would be less busy.

Q.- Might pick up again on the weekends for a few more weeks?

A.- Weekends because of the boat traffic, yes.

Q.- During the summer, would you agree that it's fairly busy throughout the day even on weekdays if the weather permits?

A.- I've seen days Monday through Friday when there are no boats or no trucks or trailers sitting in the lot at all. I have seen other days in which it might be a Wednesday and there might be 30. I have never seen it full on the weekdays. It is a very difficult question to answer.

Q.- Well, a bright red blazer would not be hard to see there in that parking lot, would it?

A.- That's true.

Q.- During the course of this investigation, have you located any person who claims to have seen this blazer in that parking lot after twelve o'clock noon on September 19 until about 1:00 the next morning?

A.- I had Officers Kapple and Cross and I want to say Officer King go down to the park on more than one occasion talking to people that was down there maybe during that time period. The consensus that was told to me, that blazer was there at least for two days minimum, but when the witnesses were kind of pressured, let's say, which two days, Wednesday and Thursday or Thursday -- Thursday and Friday or Friday and Saturday -- because we know that the blazer was there Thursday, Friday and Saturday during the day at least -- from what I was told from officers, no one person could actually say I guarantee it was there Thursday and Friday or I guarantee it was there Friday and Saturday. Some people know they saw it because it didn't have a parking ticket on it. They know it was there, but when pressured, they couldn't give an exact date.

****** MR KIGER: This would be a good place to stop, Your Honor, for lunch.

****** THE COURT: Ladies and gentlemen, we will go ahead and take our noon recess. // { after instructing the jury to not discuss the case with anyone:} We are in recess until 1:00.

After Lunch: MR. KIGER / CONTINUING CROSS EXAMINATION:

Q.- Sergeant Garvey, during direct examination Mr. Schneider asked you a question about not barging into Mr. McCrady's house to conduct a search during that first 10 or 12 days, were you aware during that time that two members of the Ohio Highway Patrol had already been in the house; for instance, on the 19th when Lieutenant Dunn and Trooper Holbert were there?

A.- Yes, sir.

Q.- Just a couple of things. During the investigation, did you receive information from a witness who advised that they saw the red blazer being driven through Belpre at approximately 9:07 a.m. on the morning of September 19?

A.- Yes, sir.

Q.- And who was that person?

A.- Bill Joy, J-o-y.

Q.- William Joy?

A.- Yes, sir.

Q.- Did Mr. Joy, in fact show you a receipt that he had --

****** MR. SCHNEIDER: I will object as to what Mr. Joy said -- told.

****** THE COURT: The objection is sustained.

BY MR. KIGER:

Q.- Did Mr. Joy show you a receipt?

A.- Yes, he did.

Q.- Let me show you what has been marked as Defendant's Exhibit #25, and I am going to ask if you have ever seen that item before?

A.- Yes.

Q.- And when and where did you see that item before?

A.- I don't know the date, but it was after the 19th. It was at Bill Joy's place of business. He owns a detail shop. He showed it to myself and Detective Seevers at his business. It may have been around the time we were doing the search warrants, it may have been, within a couple of days. He asked if he could keep the receipt. I didn't have any problems, so we let Bill keep it.

Q.- Does that appear to be the receipt that he showed you?

A.- It does. It shows a date of the 19th of September, and I do remember that the time was 9:07, so I am assuming --

Q.- A.M.?

A.- A.M., yes, sir.

Q.- Thank you. And finally, during the course of your investigation, did you locate at least one witness who believed they saw a person who resembled Jenifer McCrady walking in the Civitan Park on or about the morning of September 19?

A.- Yes and no. We did receive a call -- I think one of the officers talked with a jogger or a walker, and they said that they may have seen a female that looked like her walking the track that morning. They noted that the female's hair was pulled back. I believe I talked to Mrs. Barrett, I think, and she said that Jenifer didn't wear her hair pulled back, so that's why I say yes and no.

MR. KIGER: Thank you. That's all.

THE COURT: Anything further, Mr. Schneider?

MR. SCHNEIDER: No further questions.

THE COURT: Thank you very much, sir. You can return to your seat.

Call your next witness --

MR. SCHNEIDER: Call Jeff Holbert.

THE COURT: Jeff Holbert, please .......


Bonnie M. Wells


Garvey's Testimony, Page 3

Garvey's Testimony, Page 2

Garvey's Testimony, Page 1

Garvey Faces His Own Trial Just 12 Years Later!

To see more McCrady case information, please see the following page.

September Cases & Stories

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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

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