That’s a reason why it is important for witnesses (which JS was in this circumstance) to be exact and literal and precise, but that doesn’t mean that JS or any other witness will be exact and literal and precise when we would want them to. Witnesses are incorrect all the time without lying. Sometimes they mean something other than how it is interpreted, sometimes they are outright wrong.
A witness said they saw SS changing his tire with the help of a red headed man at a time we know he was not changing that tire (
17). Is that witness lying? Presumably no. He most likely misremembered the time or saw someone else.
I believe that law enforcement expects and anticipates these kinds of discrepancies and errors. I argue that witness statements should not be taken literally, they should be considered open to interpretation and further interrogation to confirm that LE’s understanding is the same as the witness’s meaning.
I agree with you about witnesses and times, however, one would expect the mother, who is living with their child to be fairly accurate accounting for their own timeframe. and in this instance, she barely had a timeframe of movements that day, meaning leaving the house. we have no idea what happened that nite with JS, SS and Madeline, nor the morning. but she could recite SS's movements that morning (we we we) and HIS subsequent activities almost verbatim... its what she was told to her about his travels with her daughter on the way to school, and the rest of his 'errands'. which of course was BS.....she chose to recite HIS STORY.
in her first interview, she couldnt even say with certainty when SS arrived that weekend. *she doesnt remember* if it was saturday or sunday was her first response. SS was also hedging on the arrival day and time. when asked what day, he pretends he has to think about it and then says sunday. why were they both non-committal as to when he arrived? then, listen to her in the car on the way to the presser: at this point, the detective brilliantly has her at ease and she is asked if Stephan was at the party.....now she is definitive:
"he was on his way here from Northport during the party'. detective says 'so he would have got here sunday nite'?....she says yeah, and says Madeline got home at 8:30pm,(her sister would have told her,) but says 'then Stephan walked into the house about 10 minutes later to make sure Madeline took her meds, get in the shower and get ready for bed'. then the 'we watched Sister Act movie' shows up in the 30 minute timeline of JS supposedly with her daughter. 30 minutes of happy happy madeline, showing her presents, talking about her amazing birthday party, now she has Madeline singing for SS and JS, then hey, lets watch Sister Act! then JS says, 'but we didnt finish the whole thing'.
stark contrast to her initial interview with LE AND the media. ADHD, anxious Madeline (no mention of asthma and inhaler), happy happy Madeline, showing of presents, amazing party, no cell or computer use, we said goodnite and 'yeah, that was it'.
how is it JS can give a step by step account of Stephan's movements that morning without skipping a beat? but cant answer right away as to when she got home from her blood appt. when asked: longesttttttttttt pause.....she had to CHECK what time her appt was, (checks, its 10:15) and then says 11:15-11:30....that was a tough one for her. next Q: was Stephan there when you got back: answer:
pause, "I want to say yes, but I cant remember'. now factor in claiming she was accidentally awakened at 8am, (dog story) goes back to bed until 9, leaves at 9:30, comes home at 11:15-30, roughly 2.5 hours awake and she cant remember....WTF?