What if Jay had nothing to do with it?

I know this isn't a popular opinion, but the more I think about it, the more likely I think it is. When he asked SK if not Adnan, then who?, it made me think he has bought into a story, rather that he actually knew one. Others have brought this up too, but I thought it would be nice to put what I think of as the "evidence" that it is likely Jay falsely confessed to accessory to murder in one place, with the acknowledgement that none of this is legal evidence, more like debate evidence.

Why I think Jay had nothing to do with it:

1. Jay's accounts of what happened are too varied. Susan Simpson's Blog

Jay says he saw the body in 4 different places. He changes times, places they went. He give multiple motives. The detectives constantly ask him to correct his story. I have a hard time believing someone who had actually been an accessory to murder wouldn't have had a clearer memory of what actually happened.

2. Even Jay's friends know he lied all the time. [Serial Episode 8] (http://serialpodcast.org/season-one/8/the-deal-with-jay)

We all have friends like this, who lie all the time. That doesn't even mean they are bad people - sometimes it means they are great story tellers, the funniest people at the party. BUT, it seems likely to me that someone who is already used to lying might find it easier to lie than someone who is a truth teller. Also, listen to this episode of the Criminal podcast on liars in light of Jay's testimony and see what you think.

3. The police already had a narrative and need Jay's help.

The police, based on an anonymous phone call, strongly believed that Adnan was the killer before they spoke to Jay, and Detective Ritz has been in trouble twice for his interrogation techniques - posts [here] (http://www.reddit.com/r/serialpodcast/comments/2l25ko/it_increasingly_seems_like_ritz_and_mcgillivray/clqtb7t)

4. Jay was a young black man dealing with the criminal justice system.

Jay had a bit of criminal history, was old enough to be tried as an adult, and, at least according to this subreddit, had relatives who had been involved in the criminal justice system. As a black man, he was [much more likely to be incarcerated for pot dealing that a white person would.] (http://www.drugwarfacts.org/cms/Race_and_Prison#sthash.xaVAiO75.dpbs) He was also more likely to be [pushed into a false confession than a white person.] (http://www.lifesentencesblog.com/?p=3951) It seems like Jay had a lot to lose by even getting involved at all with the police at all, and so his motivation for cooperating and insuring himself a sweet deal was possibly to avoid getting railroaded himself for the murder.

5.The confessions episode of [This American Life] (http://www.thisamericanlife.org/radio-archives/episode/507/confessions)

Listening to this, it shows how easily someone who thinks they have a lot to lose by being involved at all with the police can be even accidentally coerced into a confession.

Evidence that Jay had something to do with it:

1. He knew where the car was.

I think, and many will disagree, that it is possible Jay knew where the car was without knowing anything about the crime. I also think it is possible that the police knew where the car was before Jay did and, whether intentionally or not, gave him the information. I think it is likely that Jay and Jenn, two stoners very wary of the law because of their own small time criminal behavior, and because of a perception that police culture would not give a young black man a fair shake, freaked out and cooperated with police by half inventing/half parroting a story which kept them out of jail.

Edit to add:

2. Jenn Pussateri talks to the police about Jay's involvement before Jay does.

This to me is harder to ignore than the car, which I feel like there are a million reasons Jay could know where the car is (including the police telling him.) However, this post about Jenn's friends in the police station make her whole statement seem fishy(er) to me. And the fact that Jenn's statements and Jay's statements do not match each other very well still make me feel like they may have been induced to say things.

More info about police induced false confessions:

[Cornell Study] (http://courses2.cit.cornell.edu/sociallaw/student_projects/FalseConfessions.html)

Time Magazine on the Central Park 5 and the West Memphis 3

Only the Guilty Confess about misconceptions that people never falsely confess.

Sorry if this is a duplicate - I couldn't fine all of this in one place. And please be kind it's my first post. EDIT: formatting

tl;dr: Jay falsely confessed to accessory to murder because he was scared of what might happen to him in the criminal justice system. He had nothing to do with the crime.

Posted Dec 5, 2014, 4:10 PM UTC · edited

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