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It's taken me some time to get around to adding this to my web site.

However, as promised a dozen years ago --- here it is: // Bonnie

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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




Stars


David C. Garvey

Having been first duly sworn, was examined and testified as follows:


DIRECT EXAMINATION BY MR. SCHNEIDER

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Q.- State your name, please.

A.- Yes, I am David C. Garvey, sergeant with the Belpre Police Department.

Q.- Spell your last name for the record.

A.- G-a-r-v-e-y.

Q.- And you are with the Belpre Police Department. How long have you been with the Belpre Police Department?

A.- I have been there since 1991.

Q.- Do you have any prior law enforcement background before joining the Belpre Police Department?

A.- Yes. I was with the sheriff's department since 1986.

Q.- That was with the Washington County Sheriff's Department?

A.- Yes, sir.

Q.- And what were your duties at the Washington County Sheriff's Department?

A.- I was hired in as a jailer, and a couple years later, probably in 1988, I was promoted to a deputy.

Q.- Okay. What are your duties -- or summarize, if you would, your duties with the Belpre Police Department.

A.- I mainly investigate thefts, arsons, B & E's, burglaries, crimes of that nature.

Q.- Usually do you have any -- on a normal basis, do you have any road patrol duties?

A.- Normally, no.

Q.- Do you work with the road patrol units of the City of Belpre Police Department on their cases that they may find?

A.- Yes, sir.

Q.- How and when did you first learn of the disappearance of Jenifer McCrady?

A.- I believe it would be on the evening of September 19th, 1996.

Q.- And where and how did you learn of that?

A.- As I recall, that day we had to fire guns up at the range. After that firing of the guns, we had to go back to the office and fill out some paperwork as to the type of gun we used and, let's say, the holster and that type of stuff. During that time we were all together, I believe I heard about her being gone then.

Q.- And did you hear about it from other officers or officer? Just a conversation there at the Belpre Police Station?

A.- I want to say that I heard about it from Officer King, but I am not really sure.

Q.- And tell us about those qualifications, when did they start and what time was involved, who all was involved in those qualifications?

A.- They were held on the 19th of September.

They would begin about 3:00 in the afternoon. I went to the range about 10:00. We mowed grass, got the targets up, etc.

We had decided that the entire department would show up at 3:00. So, we have nine officers plus myself and the chief. So, we all showed up at 3:00 and we began qualifications.

We stayed up there I want to say until probably about 9:00.

I checked the logs for that day, and Officer Combs, he was the only officer that I could find that left during that time period. He came back into town to answer some calls. And I believe on that particular day that the chief had talked to the sheriff's department to tell them that we was going to be up there, and I don't know if they were in town to answer calls, but I know we did ask them to help.

Q.- Okay. Now, you first heard about it on the 19th. Is that when you became let's say officially involved in this investigation? If not, when did you become officially involved?

A.- That's hard to say.

Q.- Maybe it's easier to talk about over the course of the next two days by Friday, September 20, and into Saturday, September 21, what -- you were a sergeant on duty. You typically work Monday through Friday, is that the typical schedule for you during the day shift?

A.- Yes.

Q.- Obviously work other hours as needed?

A.- Yes.

Q.- But on Friday, the 20th, I am sure you had other duties, other things going on, but what was your involvement in this particular case, the disappearance of Jenifer McCrady, on Friday, the 20th of September, if any?

A.- I think probably on Friday, the 20th, all that I would have done is talked to Officer King.

The way that we do it down there on a case like this would be the officer would actually handle the case. I would help him. I wouldn't have taken the case away from him. I might have give him some thoughts of who to call, what's going on, casual nature.

Q.- Now, on the 20th, of course, -- by the 20th there had been a report made and then the report had been canceled basically?

A.- Yes. sir.

Q.- To your knowledge was any official action being taken by the Belpre Police Department on the 20th that you know of?

A.- No. sir, there wasn't.

Q.- How about on Saturday, the 21st, were you involved in anything in which you did anything on this case?

A.- I don't believe so. I think I actually probably got involved initially on Sunday in reference to impounding the blazer.

Q.- And tell us about that, how that came up.

A.- I believe it was Officer Smeeks had contacted me, told me that he was going to go down to the defendant's home to pick up some receipts, etc.

He had relayed to me that there was a possibility that there were different tales coming out of the defendant as far as what was going on. Also, the officers were talking to some people, and they were saying how hard it was to believe that she would have just up and left.

So, I told the officer -- I said, well, if you are going down there, maybe what we ought to do just to cover ourselves would be to impound the vehicle.

There wasn't any signs at the time of any, let's say, foul play. I also didn't want to have something happen ten days later and have somebody come back to me and say why didn't you impound the vehicle. I think to cover ourselves we went ahead and --

Q.- Had you been notified initially, like in the middle of the night, when the blazer was recovered or spotted at the boat ramp?

A.- Yes. Officers Fields and Cross located the vehicle. The dispatcher called me, basically asked me what she wanted me to do with the vehicle. As I had been told that it appeared that she just left, I told her to try to contact the defendant, just ask him what he wanted done with the vehicle, and I went back to sleep, didn't hear anything else.

Q.- Okay. And on Sunday you made the determination that maybe you ought to impound the vehicle.

By Sunday, had you learned from the patrol officers that there actually had been a missing person's complaint filed by Tom and Jan Barrett?

A.- I don't believe so. I think I found that out first thing Monday morning. {*9-23-96}

Q.- And tell us what else you did then the rest of Sunday, if anything, the 22nd, or September 23 in reference to this case?

A.- I don't think I did anything else on Sunday that I recall.

On Monday morning what I did was to drive to RJF, and I talked with her co-workers trying to get some background. {* Jenifer was a nurse at RJF}

I believe I also set up to meet with the defendant at the office in the afternoon to talk to him. So, basically, just trying to get some background. I also talked to her mom and dad on Monday morning.

Q.- All right. That would be Jan and Tom Barrett?

A.- Yes, sir.

Q.- And where did you talk with the Barrett's?

A.- It was at the Belpre Police Station.

Q.- When you talked to them -- describe their demeanor when you talked with them.

A.- They were upset, Tom was. Jan seemed to be just concerned. Tom was -- I don't like to use the word mad, but he was upset.

Q.- Did he seem to be upset at the Belpre Police Department or just at the world?

A.- I think half of it was probably towards us or probably towards me. I think Tom thought that we would just find her, you know. And there really wasn't a whole lot that we could tell Tom and Jan at the time other than we had checked here and we had checked there. I think Tom thought we should be doing more.

Q.- Were you and the police department trying to locate friends and associates of Jenifer McCrady?

A.- Yes.

Q.- And, in fact, you said you went up to RJF to talk to people up there?

A.- Yes, sir.

Q.- And what was the focus at that point, to try to learn what?

A.- Going to RJF?

Q.- Yes.

A.- Well, it was told to me that on Thursday morning, the day of her disappearance, she was to go to work related seminar or class here in town. So, naturally, I thought the first place to start would be to go to her workplace and talk to the people that actually know her, you know, work with her.

Q.- Try to find out leads where she might have gone?

A.- Yes.

Q.- Now, on the 23rd, after having gotten some of that information, did you end up talking with Jack McCrady?

A.- Yes, sir.

Q.- Where did that talk take place?

A.- At the Belpre Police Department.

Q.- And what was your purpose in having that talk?

A.- I don't know really if I had a reason. I wanted to sit down, and I went ahead and I taped it.

And I know that Officer King had talked with him, and I knew the other officers had talked to him. I wanted to sit down and just talk with him a little bit longer. A lot of times the officers when they take a report, they sometimes don't ask maybe what I think they should have asked. So, I thought if I sat down and talked with him I may be able to find out where she was.

Q.- Had you already talked to Officer Smeeks at that time about his visit to Jack's house on Sunday, the 22nd?

A.- Yes, sir.

Q.- Had you already talked to Officer King about some of the earlier reports that he had?

A.- Yes.

Q.- And also the other officers who found the blazer and that sort of thing?

A.- Yes.

Q.- I am going to come back to that interview in just a moment, but throughout the rest of that week, the 24th, the 25th, the 26th, on into Friday, the 27th, what was your involvement in this case?

A.- Monday through Friday you mean?

Q.- No, Tuesday through Friday.

A.- Tuesday through Friday?

Q.- Right.

A.- I made a couple of phone calls to some of her friends. I worked on some other cases. I touched base with Randy several times as far as what's going on, what he had done. We talked about airlines, bus companies, cab companies, talking to people down at the park, checking up at Hardee's.

Q.- Seeing if anybody had seen Jenifer McCrady or anybody seen driving that blazer?

A.- Yes, sir.

Q.- And still trying to talk with friends and associates about where she might have headed out to?

A.- Yes.

Q.- Did you talk -- continue to talk to the Barrett's throughout the week, Tom and Jan Barrett?

A.- I want to say that I probably spoke to Tom and Jan every single day.

Q.- Later that week, did the conversation come up about a football game on Saturday?

A.- Yes, it did.

Q.- And tell us about that conversation, basically your part of it.

A.- It was probably on Friday, I am assuming.

I believe that they were talking about going out of town. Well, I know they were going out of town. I don't know if it was a game up in Columbus or a game at Notre Dame. I don't know.

They were hesitant to me at least of whether or not they should go. Really due to the fact that we didn't have anything -- I mean, I really couldn't say to Tom and Jan, this is what is going on and we are getting close or anything like that. I told him as long as somebody was going to be at the house in case Jenifer would call or come home, as long as somebody was going to be there, I didn't see anything wrong with them leaving. I thought because they were so concerned at that time -- they were getting mad at me because, you know, I couldn't find her, that it might actually do them good, maybe, to get out of town.

Q.- And you conveyed that thought to them?

A.- Yes. sir, I did.

Q.- I will show you what has been marked as State's Exhibit #53. Do you recognize that document, piece of paper?

A.- Yeah. It is the receipt that you get out of the ATM machine. It was given to me by Officer Smeeks.

Q.- Okay. And then -- back to the tape -- or the interview with Jack. You said it was taped. I will ask you to look at State's Exhibit #55. Do you recognize what that is?

A.- That's a recording that I made of the taped interview of the 23rd that I made with the defendant.

Q.- And that was, again, at the Belpre Police Station?

A.- Yes, sir.

Q.- In your office or in an interview room?

A.- I think at that time we had what we called a shift briefing room. It was just a plain room with a table about the size of these (indicating), a couple chairs, telephone in the room. It is where we interviewed a lot of people at that time.

**********************

MR. SCHNEIDER: If it please the court, I would like to now just play the tape.

THE COURT: You can do so, counsel.

(tape played) {{ BMW Comment: I have a copy of that interview and will be posting it soon.}}

THE COURT: Counsel, before you ask any additional questions, why don't we go ahead and take a short break. Too ten minute recess:

After recess: THE COURT: Mr. Schneider, you can continue.

MR. SCHNEIDER: Thank you, Your Honor

***********************************

Garvey's Testimony, Page Two

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


Stars


www.starlightinnerprizes.com

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