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Archive for April, 2008

Memo to Channel 2/Atlanta and to Wrestling Writers: The Story Is the Missing Benoit Cell Voicemail

Wednesday, April 30th, 2008

WSB-TV, Channel 2 in Atlanta, “has obtained” the Benoit home answering machine messages and hyped them into a story. A reader of ProWrestling.net told Jason Powell, who duly posted a link. Bully for Channel 2.

I’m not posting this because I care about credit for a non-story. As I said on this blog a week ago in

“Benoit’s Home Answering Machine Still Had Eddie Guerrero’s Last Messages”

“I’m inclined not to upload the answering machine audio because the only ‘highlights’ are ghoulish” and have “very little forensic value.” The home answering machine messages had been belatedly released to the public as a result of my inquiries about gaps in the record.
I mention this because I hope Jason Powell — as well as other serious wrestling journalists, such as Dave Meltzer and Wade Keller — will start reporting aggressively on what is the real story here: the mysterious lost voicemail on Chris Benoit’s cell phone. Combined with the choice in the sheriff’s report to cut off the explanation of Verizon Wireless’s transactions of cell calls more than 60 calls short of the end of the list — at 1:50 p.m. on Sunday, June 24, a full day before World Wrestling Entertainment called 911 — it makes you wonder if the local investigators are consciously carrying water for WWE, or just having a difficult time finding the bass fiddle hidden in the closet.

Again, I exempt from my criticism Bryan Alvarez, whose Figure 4 site is linking regularly to our reports on this huge developing story. Needless to add, Bryan does so with his inimitable comic rhythm.

Irv Muchnick

Benoit Cell Phone Questions Forwarded to District Attorney

Wednesday, April 30th, 2008

Not having heard back from Sheriff Randall Johnson, I’ve forwarded the questions about Chris Benoit’s missing cell phone evidence to Scott Ballard, district attorney for the Griffin Judicial District (Fayette County). Let’s see if Ballard will shed any light on this puzzling gap in the investigative record.

Irv Muchnick

Verizon Won’t Comment — It’s Up to the Sheriff to Explain

Tuesday, April 29th, 2008

A spokesperson for Verizon Wireless tells me that the company cannot comment on criminal matters or judicial proceedings.

I again call on the Fayette County Sheriff’s Office to explain more fully the situation with the voicemail on Chris Benoit’s cell phone.

To review, a detective there told me that Verizon said it had a system problem that prevented it from being able to provide voicemail or text messages.

The sheriff’s report, closing the double homicide/suicide investigation, said nothing about an inability to retrieve voice messages, only text messages. And the report proceeded to explain how it worked around Verizon’s issues to get the text messages directly from the phone.

What about the voice messages?

Irv Muchnick

Muchnick Email/Fax to Fayette County Sheriff Randall Johnson

Monday, April 28th, 2008
Below is the text of the email sent earlier today to Fayette County Sheriff Randall Johnson. It was copied to Detective Ethon Harper, attorney Richard Lindsey, and the sheriff’s public information officer, Lieutenant Belinda McCastle.
BY EMAIL AND FAX
Sheriff Johnson:
I am reporting on my blog about what increasingly appears to be missing evidence in the Benoit case. I have focused on the absence of voicemail audio from Chris Benoit’s cell phone and on your investigative report’s cutoff of the log of phone calls at 1:50 p.m. on June 24, 2007, despite the fact that Verizon Wireless produced, per your subpoena, transactional data through June 26, 2007.
In an April 5 email, I wrote to Detective Harper, “Your report includes a printout of the text messages. Is it also technically possible to retrieve audio of the incoming voicemail messages? If so, was a demand for voicemail audio included in any of the 14 categories of the subpoena to Verizon? And did Verizon provide it? If audio of voicemail is not in the sheriff’s records in this case, I would like to find out why. If such records do exist, I would like to study them.”
On April 8, Detective Harper responded, “Luckily, we were able to at least get the texts from the phones. We retrieved the data from the phones such as SMS (text messaging). We asked for them from Verizon, but due to an issue they had with their systems, they could only produce what they gave us and nothing more. They were unable to provide text or voice mails.” He did not answer the question of whether a demand for voicemail audio was included in the Verizon subpoena.
In my reading, Detective Harper’s 52-page Case Summary – including the section headed VERIZON PHONE INFORMATION at pages 24-28 – does not say anything about a request for and failure to acquire voicemail audio. Indeed, the report does not even mention cell phone voicemail. (The report does state, “Verizon Wireless advised they experienced a problem with their equipment which made them unable to produce any text message details,” and goes on to explain how your Detective Shelton proceeded to download an open-source software called BitPim, which allowed him to access the text messages on both Chris and Nancy Benoit’s cell phones.)
I have emailed a media contact for Verizon and am pursuing further answers at that end. In the meantime I request your response to the following questions:
1. Did the subpoena to Verizon demand voicemail audio? If so, who in the company responded and what was the response, and in what form was that communication?
2. In the account by your office, you worked around a technical problem with the text messaging by finding a way, independent of Verizon, to hack into the cell phones. Was a similar solution contemplated for voice messages? If so, was such a solution attempted and what was the result? If not, why not?
3. What was the disposition of the Chris and Nancy Benoit cell phones themselves? Are they still in the custody of the Sheriff’s Office?
4. In an email last Friday, attorney Rick Lindsey advised me that my question about the 1:50 p.m. 6/24/07 cutoff of your Chris Benoit cell phone log – which, in turn, had been refined from the crude data provided by Verizon – is not an open-records question. It is, however, most certainly a critical question with respect to the integrity of your Benoit investigation. Therefore, I would appreciate your addressing it.
Thank you,
Irv Muchnick

Benoit Investigation Reset

Sunday, April 27th, 2008

Chris Benoit murdered his wife Nancy, then his son Daniel, then killed himself over the course of the weekend of June 22-24, 2007. This blog in no way says or suggests otherwise.

Vince McMahon consciously manipulated the news of June 25, 2007, to produce a Raw tribute to a murderer, before immediately turning around and distancing WWE. Only a moron could read our post earlier this month, “WWE Knew Chris Benoit Was the Perpetrator Before Staging ‘Monday Night Raw’ Tribute,” and deny that. (Then again, there are a lot of morons out there….)

In between those two factual poles is a lot of ambiguous timeline. Even open-and-shut crime cases leave questions about the larger narrative, and this one is no exception. The most curious issue uncovered so far is the lapse of more than 30 hours between the time Benoit’s farewell text messages were sent to Scott James and Chavo Guerrero, and when WWE’s security consultant called 911 (in the process, either accidentally or on purpose giving the wrong day). And James, after receiving Benoit’s messages, texted him, “When do u land?” – presumably referring to a Sunday morning flight that WWE claims, without proof, company executives had booked for him. What’s that all about?

I’m not asserting the Fayette County Sheriff’s Office investigation was a WWE whitewash; nor am I saying it wasn’t. The proof will be in the pudding. Investigators clearly let James and Guerrero off the hook for the 30-hour gap and for “When do u land?” We need to clarify the factors that persuaded the sheriff not to probe that angle. We also need to find out if there is a coherent explanation for the creation of a refined log based on Verizon Wireless’s crude printout of Chris Benoit’s incoming and outgoing cell phone calls – yet cutting off that log at 1:50 p.m. Sunday. Further, there’s the lack of backup for Verizon’s purported failure to produce the cell phone voicemail. Finally, will Sheriff Randall Johnson – who assigned Detective Ethon Harper to talk to me – allow a direct interview with Tommy Pope (at the time a lieutenant, now a captain) about the communications he had on Monday, June 25, with vice president Rich Hering and other WWE officials? (Hering refers to them in his 911 call, which was just released at my request.)

Irv Muchnick

Benoit: Sheriff’s Refined Cell Phone Log Quits at Page 13 of 15

Saturday, April 26th, 2008

As I’ve reported, the Fayette County Sheriff’s Office log of phone calls to and from Chris Benoit’s cell phone is incomplete and misleading. To give everyone an idea of just how seriously incomplete and misleading, I have begun drilling deeper into the raw public records.

A June 26, 2007, subpoena to Verizon Wireless required the company to produce transactional records pertaining to all calls for Chris’s cell from June 1 through June 26.  Verizon responded by providing the sheriff with, among other documents, a 15-page printout of transactions. Working from that information, investigators drew up their own logs — in a more accessible format and adding information that matched phone numbers with the people who called Benoit or were called by him.

But for reasons known only by the people who wrote it, the sheriff’s report did not complete the exercise for all the call information in their possession. Though they had asked Verizon for transactional data through June 26, the sheriff’s log, as noted previously, stops at 1:50 p.m. on Sunday, June 24. That was nearly 24 hours before World Wrestling Entertainment called 911.

Were there any calls of substance after 1:50 p.m. on June 24? What do you think? The last call explained on the sheriff’s log is in the middle of page 13 of  Verizon’s 15-page printout. In a very quick, rough count, I identified a total of about 63 additional calls from around 44 distinct phone numbers. Some of those numbers are identified elsewhere in the sheriff’s refined logs for Chris’s cell, Nancy’s cell, and the home phone. However, many of the numbers on the unanalyzed final two-plus pages of the Verizon printout — I believe a majority of them — show up nowhere else at all.
On Friday I had a cordial, but pointed, email exchange with Richard P. Lindsey, the Peachtree City lawyer who is coordinating the sheriff’s open records requests. The Georgia open records law, Lindsey told me, “does not require any government office or employee to create a document, report, or compilation of materials. Thus, according to that law, there is nothing responsive to your questions” about the gap in the sheriff’s refined phone logs.

Maybe not, according to that law. But another law — the law of common sense — suggests that the Sheriff’s Office has been either deliberately or accidentally sloppy with the most important evidence shedding light on the accuracy of WWE’s version of the June 23-25 timeline. That problem should be rectified at once.
Irv Muchnick

Benoit: The Sheriff’s Cell Phone Call Log Stops Abruptly on Sunday

Wednesday, April 23rd, 2008

The addenda to the Fayette County sheriff’s final report on the Chris Benoit case included logs of phone calls. As noted in the previous post, the logs should be supplemented with cell phone voicemail, or the failure to retrieve voicemail should be better explained.

But there’s one further problem with at least my copy of the raw phone-call logs.

The last entry for the log of calls to Chris’s cell phone is 1:50 p.m. on Sunday, June 24. This was the day when family, friends, and people at World Wrestling Entertainment were starting to get frantic, as Chris — who had already no-showed the Beaumont, Texas, show on Saturday — also appeared to be no-showing the Houston pay-per-view on Sunday.

There are, of course, many, many text and voice messages logged subsequent to 1:50 p.m. Sunday for Nancy Benoit’s cell phone and for the home answering machine. And there are texts for Chris’s cell. It stands to reason that there were some, or more likely many, additional voice calls.
Even if the voicemails to Chris’s cell were lost due to a technical glitch, I do not see how they could affect the simple raw call log. We have not one, but two missing pieces of phone evidence, and by far the two most important ones.

I emailed my contact at the sheriff’s office about this on Sunday night and again on Monday.

When I receive a response, I will report it.

Benoit: What Happened to the Cell Phone Voicemail?

Wednesday, April 23rd, 2008

The Fayette County Sheriff’s Office, in its February final report on the Chris Benoit case, released text messages to and from Benoit’s cell phone, many of which are revealing. It also released logs, with the times and phone numbers (and in many cases, the parties associated with those phone numbers) of calls to and from Chris’s cell, his wife Nancy’s cell, and their home phone. And as reported yesterday on this blog, the sheriff has belatedly released the audio of messages on the home answering machine, which for the most part are curiosities.

What about the actual audio of voicemail on Chris’s cell? He was a mobile globetrotter who did a super-majority of his communication on the cell. Exactly what was said by various people at various times would provide far more clues than the dry secondary phone-call log.

On April 8, Detective Ethon Harper explained to me: “Luckily, we were able to at least get the texts from the phones. We retrieved the data from the phones such as SMS (text messaging). We asked for them from Verizon, but due to an issue they had with their systems, they could only produce what they gave us and nothing more. They were unable to provide texts or voice mails.”

On Monday of this week I followed up: “If this point is referenced in your report, please direct me to that passage. If not, please tell me who at Verizon told you that the texts or voicemails could not be produced due to an issue they had with their systems.”

When I receive a response, I will report it.

Benoit: Fayette County Sheriff Offers No Explanation for the Guerrero-James ‘30-Hour Gap’

Wednesday, April 23rd, 2008

I turn with great reluctance to criticism of the investigation of the Chris Benoit double murder/suicide by the Fayette County Sheriff’s Office.

I respect law enforcement agencies and the difficult job they face day in and day out. We Monday morning quarterbacks have an advantage over the people charged with calling the audibles at the line of scrimmage on Sunday afternoon. Then, too, there’s the fact that the Benoit crime itself was open-and-shut, even though the surrounding narrative is less clear. Finally, the sheriff of a bedroom-community county with very little experience with a heinous crime of this nature was severely underresourced in comparison with the indomitable World Wrestling Entertainment propaganda machine.

Unfortunately, there are just too many vagaries in the sheriff’s report not to call attention to them at this point. I don’t expect the report to answer all the existential mysteries of why a man in Benoit’s position would go berserk. I do, however, think that the crime investigators had the burden of telling a reasonably coherent story of the events of June 22-24, 2007, and their aftermath, and that they’ve fallen short in significant respects. Benoit was a public figure and his family tragedy had public implications. Therefore, simply comforting the already comfortable at WWE — whether deliberately or accidentally — is not good enough.

In upcoming posts I’ll explore all the areas in which I’ve found the authorities’ account, so far, to be inadequate. Some have been mentioned before on the blog in passing; others, not yet at all.

But let’s start by once again reviewing the Chavo Guerrero/Scott James information. WWE contends that company executives didn’t know about Benoit’s final series of text messages to Guerrero and James — starting before 4 a.m. on Sunday, June 24 — until 12:30 p.m. on Monday, June 25. But does anyone really believe that Guerrero and James just sat on this information about their good friend (and a valued performer who was uncharacteristically no-showing important bookings) for more than a day? If not, who did they tell? And who did the people Guerrero and James told proceed to tell? And what was done as a result, both by individuals and by the corporation?

I’ve posed this set of questions to sheriff’s investigators in various ways (as I have to Guerrero and James themselves). The summary report released in February is silent on this. To date, the sheriff has not shared with me any further information or insights, or accepted my invitation to posit a theory.

A corollary issue concerns Scott James’ 9:26 a.m. Sunday text message to Benoit, “When do u land?”

In the wake of Benoit’s texts to him, which began four and a half hours earlier, it makes no sense at all for James to have been expecting Benoit to be on an Atlanta-to-Houston flight. (Let’s set aside for the moment that no evidence has surfaced, other than a vague claim in one version of the timeline, that Benoit ever was even booked on a Sunday morning flight.) Either James was hoping against hope that the worst hadn’t happened or … he was transmitting the 9:26 text for some other reason.

When I raised the James text in my conversation with Detective Ethon Harper on March 31, the detective said, “That is very interesting.” Nine days later Harper elaborated: “I was referring to the way you were interpreting the text. During our conversation, I felt you were trying to say the text was planned or planted by Scott under some type of direction from the WWE.”

In more recent emails, reinforced by voicemail, I have reiterated my desire to publish an official explanation of the James text, as well as the Guerrero-James 30-plus-hour notification gap.

Benoit’s Home Answering Machine Still Had Eddie Guerrero’s Last Messages

Wednesday, April 23rd, 2008

In addition to getting the new 911 audio today (see previous post), I received the CD from the Fayette County sheriff with the messages on Chris Benoit’s home answering machine. That CD had been inadvertently left out of the original open records release.

As soon as I’ve figured out all 23 messages as best I can, I’ll post a report. The task is formidable because of background noise — the recording appears to have been made right at the crime scene on June 25, 2007, and officers and others are heard talking about the chain of evidence and other matters, often making the answering machine audio even more unintellligible.

Let me say right away that this piece of evidence has very little forensic value. A couple of weeks ago, when I blogged Detective Ethon Harper’s summary of the Sunday messages from John Laurinaitis and his staff at the WWE Talent Relations department, I was bending over backward to be fair. I can confirm that there are indeed such messages, and I think they reflect a sincere concern for Benoit’s well-being and a lack of awareness that he and his wife and their son were already dead. But as the 911 audio and other evidence show, the company’s left hand didn’t seem to know what its right hand was doing all weekend — and perhaps that was by design.

I’m inclined not to upload the answering machine audio for public consumption because the only “highlights” are ghoulish, such as the messages of escalating concern from Nancy Benoit’s sister and parents.

I know people are going to be interested in the two oldest messages on the machine, which were left by Eddie Guerrero the day before he suffered a fatal heart attack in 2005. On those messages, Guerrero’s speech is slurred as he asks Chris to tell him when he plans to arrive in Minneapolis. I’m guessing that Chris and Nancy Benoit never erased these messages for purely sentimental reasons.

One final point about the overall category of Benoit telephone audio: Though the home answering machine proves to be a bit of a dud in terms of leads, Chris Benoit, unsurprisingly, used his cell phone far more than his home phone. So a huge missing piece of the Benoit puzzle remains the voicemail on his cell — which, like the home answering machine messages before today, has not been released. I expect to have a lot more to say about this in the coming days.

Irv Muchnick


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