The Girl in the Blue Mustang - Ep. 3: Like a Voice from the Grave

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1:05Jason O 'Keefe stepped up to the mound at Desert Christian High School. He gripped the ball and let it fly. Four years after his big sister Michelle was murdered, with a year to go in high school, Jason was an ace pitcher, six feet four inches tall, with serious college and pro prospects. And he looked the part, but with his strong chin and that cropped hair with the slicked back cowlick. Still, the passing of years hadn't done much to keep the grief at bay. Really the only thing that helped, that I used to help me get through it, I guess, was baseball. But really, there was no getting over it.

1:46He'd idolized her, his big sister, his protector. And she'd been so happy zipping around in her Christmas present Mustang that Michelle was shot to death in that bright blue car so close to home. Well, who in his place could get over a thing like that? Made worse by the outrage that there had been no arrest. So he immersed himself in baseball, and it helped, as did a powerful sense of belief he carried around with him, like a shield. After my sister died, I started carrying a Bible everywhere I went. No matter what, whether it was on the baseball field or not, I had a pocket Bible in. in the back of my pocket.

2:27He'd been given a Bible verse two years after the murder. It became his favorite. Jeremiah chapter 29, verse 11. For I know the plans I have for you, declares the Lord. Plans for you to prosper. Plans for your success. And plans for your future. Jason inscribed the verse inside his baseball cap. Began to share it with others. That's how you get through it. And, you know, take it day by day, you know. So, yes, this story is about surviving, or trying to. But it's also about the very tricky business of learning to read conflicting signs by turns obvious and opaque in the shifting light of the high desert.

3:14It just means that it's your eyes that are doing the working right now. Yes, and it was ambiguous and confusing and absolutely demanding. You can't get that stuff out of your mind once you find out what this girl is about. In this episode, you'll hear from the eyewitness, the man who was there, the man who seemed to know so much about Michelle's last moments. Maybe too much. When I first seen her, the gunshot in her chest, that to me looked like the very first shot that was fired. He knew what the top forensic investigator in the United States took over a month to figure out. You'll hear from a lead investigator still determined to find that one little nugget of proof.

4:07It's very seldom to get a Perry Mason moment where they scream in Illinois, I did, I did, I did it. And from the deputy DA who faced a prosecutor's worst nightmare. You know what you say, but you don't know what they hear. I'm Keith Morrison. And this is The Girl in the Blue Mustang, a podcast from Dateline, episode three, like a voice from the grave.

4:42Retired L.A. County Sheriff's Deputy Jim Jeffra was driving down the Antelope Freeway when he first saw a smiling Michelle O 'Keefe dressed in her cheerleader's uniform on a billboard. She was asking from the grave for help in finding her killer. Jeffra knew about the case, knew it had gone stone cold. But he wasn't a cop anymore, not really. It wasn't his business. And yet, there was something, that face, it spoke to him. So this may be he was the guy to revive it. Sometimes a fresh pair of eyes can maybe spot something that looks a little different. It doesn't mean that you're any more special than anybody else.

5:28It just means that it's your eyes that are doing the working right now. And it took a while to get there. Jeffra had a bald, pate, and sincere penetrating eyes. He was raised up and down the East Coast, mainly North Carolina, and then made the big move out to L.A. And after a 28-year stint at L.A. County Sheriff's, he was up for a new challenge. I had just gotten my private investigator's license. I decided I was going to branch out a little bit. Jeffra had a throwback look and sound to him. Part Columbo, part old-fashioned western sheriff. With his big, broad shoulders, you could easily imagine him walking down a dusty main street in a classic movie.

6:13The more Jeffra learned about Michelle's case, the more it felt like he knew her She had a lot of strength She would not quit Maybe you can feel some of that energy You can't get that stuff out of your mind once you find out what this girl is about And once you find out how grief-stricken the family is And watching her mother's eyes tear up all the time Jeffra wanted to try something completely different turned the investigation upside down. Instead of proving Ray Jennings was guilty, Jeffer decided he'd like to try to show that Jennings was innocent. So he picked up the phone and made his pitch to lead detective Richard Longshore.

6:58He wanted in. I said, I'm just an, I'm an interesting person that knows the area pretty well. And I can maneuver through the system that if I found anything that was incriminating, I'm stopping. And he gets that information to carry forward with it because he is the investigator of record on this case. With Longshore's blessing, Jeffra dug in. His theory? That investigators had zeroed in on the wrong man. It seemed like it had bogged down and it had bogged down around one person. And that was Raymond Lee Jennings. I was going to do what I could do to prove that he didn't kill this girl. Let's clear him.

7:41And if we could get past that, then we could move forward and go after the person that did kill her. It was a sunny winter day when I met Jeffra at the park and ride. We walked the hillside where it looked like Michelle's killer might have escaped. and we stopped in front of a sturdy cross that marked the spot where Michelle's blue Mustang was found. Jeffra reached out, touched the cross, and felt as if she was speaking to him. I'm just me, you know. I think she kind of moved me around that parking lot a little bit. And on her behalf, he got busy. Looked at the physical evidence, of course, and read the police reports with his detective's eye for details.

8:30He might tell a different story than the one he'd heard from Longshore. But mostly, he wanted to hear from Ray Jennings himself. Not in person, didn't need to do that. No, he had all those videotaped interviews. Ray Jennings' own words to Longshore and civil attorney Rex Paris. Jeffra wasn't any good at computer gadgets, but he did have a dusty old VHS cassette player. It seemed like every time I got frustrated with any part of this case, which was a lot, I went back to the videos. I said, it's there. I kept telling myself, it's in the video. You're an investigator. Find it. You did not see or talk to any human being.

9:19No, I did not. Jeffra listened, and he watched every minute of the dozens of hours of videotaped interviews with Jennings. And as he did, his mind began to do a U-turn. It looked like a small casing of a 9mm, a.45, or even a.22. I have seen it. He is telling a story that just doesn't add up in these videos. It was late at night, and I was kind of getting tired, but I was looking at his gestures and movements, which I'd done throughout the time, and it just went on. Bam. So the guy killed her. There's no doubt that he killed her. So, what do you know? He'd started out thinking the guy was innocent, and now he had come full circle to the same conclusion reached by investigators.

10:16It was him. It was Jennings. If he didn't pull the trigger, he was standing next to the guy who did. No doubt in my mind. He was there. I believe that he grabbed her and she hit him. She wasn't going to be taken against her will. She didn't have that kind of background at all. Very strong girl, actually. But there was one huge problem. Jeffra's aha moment was pretty much what investigators had already presented to the DA and what had already failed to persuade him to file charges. Another opinion pointing at Jennings wasn't going to cut it. Just more wasted time. Except, maybe not. Because just then, Michelle's dad, Mike O 'Keefe, got wind of what Jeffra was up to and thought he could help.

11:13The problem wasn't the evidence, figured Mike. It was the presentation, the packaging. So, together, they came up with an entirely new way to sell the evidence against Raymond Jennings. Here's Mike O 'Keefe. So, we put together a PowerPoint. There were actually about 35 key points that showed that this guy had to have some involvement in it. Bits of answers. That, to me, looked like the very first shot down the fire. body language and tone of voice. I have no motive. She had nothing I want. I didn't do it. All assembled into one package. Airtight, Jeffro. You have nothing like this? I'll do it again.

11:57Just maybe their show and tell of sound bites was the best way to sell Michelle's case to the DA. And for Pat and Mike O 'Keefe, it came down to this. Certainly a$6 an hour security guard is not going to have that level of information unless you were there. So he knew too much. Oh, he knew way too much. He knew stuff only the killer would know. He knew the order of the shots. He knew the angle of the shots. He knew, he even described... Accidental shooting in the ground. Right, accidental discharge. He knew where accidental discharge was. And this is the middle of the night. So, you know, you just don't...

12:35Casual observer just doesn't pick up on these things. He even talked about how her body shut down. which he would not have been able to see from where he said he was. Right, exactly. He knew what the top forensic investigator in the United States took over a month to figure out. October 25, 2005. Michelle O 'Keefe had been in her grave going on six years. For the living, it was one of those perfect fall days. Make you want to live in L.A. Crystal blue skies, afternoon temperature topping out at 69 or so, when Michael Keefe met with Deputy DA Robert Fultz. He could be forgiven for not reveling in the weather.

13:18It was two weeks to the day after what would have been Michelle's 24th birthday. In preparation for the meeting, Fultz had watched their PowerPoint presentation featuring all those edited clips of Jennings' statements. They had everything very carefully kind of sifted down to what they felt was the important things to consider. So they goosed it. They goosed it. I felt it was compelling. Three weeks later, the day Michelle's family had been waiting for. I decided that as problematic as the case was, it was not an impossible feat to get this case appropriately prosecuted. So I filed it. When the district attorney called me and said they were going to make a arrest, we were ecstatic.

14:03I said, finally, after all these years.

14:09But in a case where nothing was exactly what it appeared to be, the man at the center of it all, Raymond Jennings, was nowhere near the Antelope Valley. Jennings, the National Guardsman, was halfway around the world, serving his country in Iraq. But always not lost. His hitch was up in just a few weeks. Soon he'd be back with his five children in the Antelope Valley. Altogether unaware of what awaited him.

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17:01December 13, 2005. Sheriff's deputies staked out a tidy, low-slung apartment block in the Joshua neighborhood of Lancaster, California. It had been cold overnight, dipped below freezing. And then, as they watched, the desert sun cleared the terracotta rooftops. And there he was, Raymond Jennings, oblivious, unaware, walked to his car, stepped in, and drove away. Then, I asked Detective Longshore. Tell me how the arrest occurred. I had him under surveillance. He was living in an apartment with his wife and several children. And every time the surveillance team would see him, he'd be with his children.

17:46And I didn't want to arrest him in front of his kids. It's something we just don't like to do. And so we kept the surveillance up, and on a given morning, he left by himself. And we took him down to a traffic stop and was ordered out at gunpoint by the uniformed deputies. And his statement to them was, I've been in Iraq. Is this about Michelle O 'Keefe? By this time, it was personal for Longshore. All those years going through boxes of evidence, pouring over crime scene photographs of Michelle's body slumped in her blue Mustang in the dead of night. And now, finally, he had his man. But not all the answers, not yet.

18:29One puzzle in particular had been bugging him. The gun. Michelle was shot to death, so Jennings must have fired that gun. And yet, he'd sworn over and over that he wasn't carrying that night. Security company rules didn't allow it. But Longshore had done a little research, discovered Jennings was no stranger to guns. So, in the jail's interview room... I asked him about carrying a gun. You carried a gun all the time in North Carolina. You know, why should I believe you didn't carry one in California? Well, I've been illegal. Yeah, okay. And I said, I believe this was an accident. I don't believe you ever intended to kill anybody.

19:10You had that gun. Things went bad. I can't make it go away, but I can get your side of the story. Explain me why it happened. Well, I'm not going to do that. This is my story. And I said, I'll tell you, you know, like I said, I think this is an accident. But if I had been assigned to that guard post out there in the middle of the night, in the parking ride, legal or not legal, I'd carried a gun. He said, well, I didn't know there'd been other accidents out there. I said, accidents? You mean like what happened to Michelle O 'Keefe? He goes, yeah. But he never would roll over. Never would go that extra bit.

19:49It must have been frustrating, getting right up to the edge like that. It was. And you always want to look at, was there something else I could have done? if we had kept him a little longer would he have gone over the edge but there's just too much risk in what we're doing there yeah it's an art as much as anything else getting into person's head and getting that person to see that there's no alternative but to finally just relent you try it's very seldom do you get a Perry Mason moment where they scream and yell I did, I did, I did it Well, that certainly is true. But then, the law didn't require a confession, and now that the DA had signed off, Jennings was formally charged with first-degree murder.

20:36They set his bail at a million dollars, an amount far beyond Jennings' reach, more than enough to keep him behind bars while they prepared for trial. And six years after the murder of his daughter, Michelle's dad took a breath. It had finally happened. It's interesting how you had to almost become the architect of your own personal case. Yeah, we were heavily involved. I want to say, you know, it was the sheriff's, I mean, it was the DA's decision, and it was the sheriff's department's decision to make their right. But if you hadn't been that involved, would it have happened? I kind of doubt it.

21:15Doubt it, yeah. It wasn't long before they took Jennings to downtown L.A., to the imposing monolith in Chinatown called the Men's Central Jail. And the long, slow march to trial was assailed by doubters at every turn. There were a lot of prosecutors and supervising prosecutors in the DA's office that told Michael Blake, our DA, get rid of this thing, dismiss it. It's not going to go anywhere. You're never going to win it. It's a loser. Move on. And Michael Blake, the day of the preliminary hearing, was told, you know, get rid of this thing. And so, you know, he's got his people to answer to. Everybody's got a boss.

22:01Sure. And so he asked me, he said, what do you think? That's pressure. And I said, Michael, whatever you want to do, I'll back you. I said, but if we don't go ahead of this, it'll never ever go to trial. And he looked at me and said, let's go. March 20, 2008. Dawn cool and clear. The air crisp with the first day of spring. As Raymond Jennings, jailhouse pallid, was led through passages the sun had never seen to the ninth floor of L.A.'s high security criminal justice center. Famous place, the ninth. Infamous, maybe. It's where tabloid defendants like O.J. Simpson and Phil Spector were tried. To get to the courthouse, Michelle's parents had to make the same two-hour drive Michelle took on her last day.

22:53An emotional journey on the Antelope Valley Freeway, cresting at over 3 ,000 feet through the Soledad Pass, before descending into the L.A. basin. And then they had to find parking and wait for notoriously crowded courthouse elevators. And then were met by deputies with metal detectors. Mike O 'Keefe. Just getting to the courtroom after you got down there took, you know, 30 to 45 minutes every day. Besides the time that you spend in the courtroom, you've got six plus hours a day just, you know, dealing with the commuting part of it. And it just really took its toll. In fact, it had been eight years since an excited 18-year-old Michelle helped make that music video just across downtown of the grand old Olympic Auditorium.

23:44when Superior Court Judge Michael Johnson called the courtroom to order. L.A. courtrooms are a world away from the Antelope Valley, where Michelle was killed, and where Michael Blake, the prosecutor, usually worked. At the time, right or wrong, downtown L.A. juries had gained something of a reputation for being defense-friendly, difficult for prosecutors. I asked Blake about that. If you were to take the popular conception of what it does to a case to move it to L.A. and give it to an L.A. jury, then most of the country would say, oh, you poor sap. You're stuck with an L.A. jury. I've had as much success in Los Angeles as I have up here.

24:28So you weren't worried about that? No. No. We're going to an experienced judge on the ninth floor, which is where the most experienced long-cause judges are in the central district of Los Angeles. Michael Blake seemed to take a certain presence with him to the courtroom Intelligent, tough, lantern jaw, youthful vigor Blake told the nine men and three women of the jury And then later us That Raymond Jennings assaulted Michelle O 'Keefe for his own ugly reasons And escalated his attack when she resisted He knows she's still alive That makes those remaining three shots to her face an execution. At first degree.

25:14Oh, yeah. Absolutely. In fact, said Blake, Jennings, in a way, convicted himself when he talked so freely to investigators. Even the civil attorney Rex Paris without a lawyer. He knew too much to be innocent. What would you expect an innocent person to have said if he were standing 100 feet away? Say, I don't know. I wasn't there. I don't know, but the shot must have come from... I don't know, detective. I don't know. You're asking me where the shooter was standing. I never saw a shooter. Well, see, that's the other thing. He never saw a shooter, but he's able to tell us where the shooter was standing, how the shots were fired.

25:52And there's even, in that tape, there's even a part where he stands up. Before he says a word, he's almost on automatic. He's, with his hand, he's making the gesture like a firearm, and he's pulling the trigger like recoil. And it's almost like an automatic response. And that's why I argue that he was remembering. He wasn't describing events. He was remembering them. Reliving them. Reliving them. Right. Right. So, yeah, I would expect a person who had no involvement simply to say, gee, I don't know where the shooter was standing because I never saw the shooter. How easy would that have been? Of course, if he had had a lawyer present from the get-go, would you have had a case at all?

26:37Well, he had an opportunity to do that. I know, but you wouldn't have had all of that stuff. Could you possibly have prosecuted the case without him talking? You're asking me if we would have had a case. Let me make sure I understand what you're saying. Would we have had a case if Mr. Janik's had not made those statements? Correct. I can't speculate on that. There's no way you'd have a case. I will have to say his statements were very important. They were pivotal in this case. The trial lasted six weeks, and then it went to the jury. I never take juries for granted. It comes back to the old adage, you know what you say, but you don't know what they hear.

27:18How very true. Four days went by, no word from behind the jury's closed door. And then April 28, 2008, they all filed into the courtroom, and the foreperson stood up and told the judge they could not get beyond 9-3 for conviction. The judge declared a mistrial. Here's Mike O 'Keefe. The foreman came to us right after the trial, you know, and apologized. And he goes, look, I thought he was guilty. He actually had a tear in his eye. Yeah. I felt pretty strongly about it. And he said, of the three that had voted not guilty, he said, I felt like two of them could easily have been swayed. But there was one individual who had a bad dream of all things.

28:03A vision. Yeah, yeah, that it was some sort of drive-by shooting or some sort of gang kind of thing. A dream, or perhaps a haunting.