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Coats was asked during the podcast if the prior conviction was significant to his investigation. After-the-fact contentions about inadmissible evidence are a little disingenuous, said Dreveskracht, Fairs attorney, who noted police at one point consulted with a psychic medium who attempted to contact Jinaga beyond the grave. He slept with Potts in her bed and woke up the next morning before 10 a.m., after which he helped her and other neighbors clean up the complex, according to the complaint. She had been beaten, sexually assaulted and strangled. After a background check revealed Fairs criminal record, including a third-degree child rape conviction, Fair quickly became the new prime suspect despite leads about the neighbor and other viable suspects, the suit states. Police attempted to identify the partygoers and interview them. Johnson was hanging out near Jinagas apartment when her friend arrived to check on her, and he helped the family friend identify the body, the lawsuit alleges. The county, police department and Coats filed a response to Fairs initial complaint refuting the claims. In it, Ehlert stood firmly by the prosecuting teams decisions. All the while, Fair, whose family was unable to foot his seven-figure bail, said he had faith he would one day walk away free from a charge alleging he murdered Arpana Jinaga, 24, in her Redmond . Emanuel, his family, and friends ask for privacy, as he works to rebuild his life, wrote Goldsmith. The party ended between 3 a.m. and 4 a.m., around the same time witnesses saw Jinaga going back to her apartment. Ehlert also defended an immunity deal with the suspected neighbor, and the decision to solely prosecute Fair for first-degree murder with sexual motivation a charge that hinged mostly on trace DNA collected from a crime scene teeming with genetic evidence linked to multiple people. According to reports, Fair accepted a plea agreement in 2004 while still maintaining his innocence. All the while, Fair, whose family was unable to foot his seven-figure bail, said he had faith he would one day walk away free from a charge alleging he murdered Arpana Jinaga, 24, in her Redmond apartment after a Halloween party in 2008. When asked about the calls, Johnson reportedly said, oh crap, but he could not remember why he called Jinaga. The evidence of Fairs involvement is compelling, Larson said this week. I didnt know how to answer, so I just told her the truth: Im depressed. It was just gruesome, he said. He made calls to a few friends, including apparently pocket-dialing Potts. Her father, a head professor of engineering in India, encouraged he to move to the US to attend Rutgers University. She had opened her third-floor apartment to Fair and dozens of other partygoers, who traipsed in and out during the festivities. They also want him to be reimbursed for the attorney fees he incurred while fighting the charges. The lab technicians simply could not exclude Fair as a match, and his DNA was found alongside other DNA matches. Detectives interviewed Fair three times in jail before the district attorney recommended a first-degree murder against him. I thought I was gonna die, Fair told Rolling Stone. He assumed Jinaga was either vomiting or having sex. Jinaga had been gagged, brutally beaten and most likely raped. On Halloween 2008, Jinaga and several of her neighbors at the Valley View Apartments threw a large Halloween party, with guests moving between their units. On Oct. 31, 2008, Fair took a bus to Redmond to stay the weekend with a friend at the Valley View Apartments. At some point during the night, partygoers recall Jinaga getting into an argument with a male, who made a race-related comment. Johnson was hanging out near Jinagas apartment when her friend arrived to check on her, and he helped the family friend identify the body, the lawsuit alleges. The Murder of Arpana Jinaga, The Stickiest Heist In History, abnd The Crappiest Place on Earth Published December 28, 2021 at 12:01 AM EST Listen 12:50 The lawsuit alleges there was heavy drinking at the party of 40 to 50 people. 2008, in Marshall . In the trial, the jury heard evidence that pointed to the neighbor as the possible killer. The lawsuit also says Fair threw garbage in the dumpster where the robe and other items were found while helping with party clean up. After a background check revealed Fairs criminal record, including a third-degree child rape conviction, Fair quickly became the new prime suspect despite leads about the neighbor and other viable suspects, the suit states. The lawsuit alleges that the department hired famous psychic medium Allison DuBois to help with the investigation around the time Fair was identified as the main suspect. Detectives interviewed Fair three times in jail before the district attorney recommended a first-degree murder against him. He assumed Jinaga was either vomiting or having sex. Fairs 23-page complaint, filed last month by his attorney, Ryan Dreveskracht, contends police and prosecutors botched the probe and wrongly targeted him because he was a Black man with a criminal record, despite evidence implicating Jinagas then-neighbor, who is white. 'I'm Out, But I'm Not Free': Man Sues After Spending More Than Eight He had a prior history of violent sexual crimes. Fairs lawsuit includes many of the same facts that his public defender, Ben Goldsmith, used to poke holes in the prosecutions criminal case. He scrubbed his phone after questioned about the call and could easily have hung around and taken time to clean her apartment/scrub the crime scene because their apartments shared a balcony and him taking out trash wouldn't strike anyone as weird or noticeable. Were they old friends? One juror said that when the jury began its deliberations on June 6, the 12-member panel was evenly split: Four thought Fair was not guilty, four thought he was guilty, and four were undecided. Jinaga and other tenants he hadnt met were co-hosting a large Halloween party in several units. On Oct. 31, 2008, 24-year-old Arpana Jinaga dressed up in a Little Red Riding Hood costume and prepared for a Friday night to remember. He also drove to Canada the day of the murder and attempted to cross the border without a passport. Death of Arpana being probed as homicide - DNA India Arpana Jinaga Memorial on Vimeo Sign up to receive The Atlanta Black Star Newsletter in your inbox. Hes now struggling to reconstruct his life, Fair and his attorneys said. If her rape was that violent he'd have had SOME scratches or scars. Maybe they realized only at the last minute that they should get rid of the sheets and empty oil bottle and without anyone seeing them do it? Such remarks since his exoneration only demonstrate authorities defensiveness about mishandling the case, Fair said. Fair was initially arrested for not updating his address with his probation officer. Around 1am, Fair visited Jinaga's apartment to eat pizza. He told detectives he had a desire to explore. Canadian officials said Johnson tried to blow through the gates. Detectives relied on her to help them find Jinagas missing phone and camera and consulted her about the potential of Fair as a suspect, the lawsuit says. So its kind of messed up. I think that was the biggest reasonable doubt and no one could eliminate him [as the killer], the juror said of the neighbor. Meanwhile they raided Emmanuels stuff and according to his best friend on the podcast took almost ALL of his things. The suit contends detectives aligned evidence to match their theory and disregarded half a dozen non-Black suspects in the case. Everyone seemed to have a good time, the lawsuit alleges. The medical examiner estimated Jinagas time of death was 8 a.m. Murder mystery continues nearly a year later: Redmond Police still have Jinaga had been gagged with her underpants and duct tape, brutally beaten around the head. Johnson's friends and family stated he said "what if I did the murder and I don't remember". Maybe they were running out of time (had to be somewhere? There was potential there that was just taken away., Citing pending litigation, a city of Redmond spokesperson declined to comment about Fairs lawsuit on behalf of Coats and the citys Police Department. Redmond Police have found no "firm suspects" in the brutal murder of Arpana Jinaga, a 24-year-old software engineer who was . So what else can they do but to continue to point their finger at me?. After her graduation, she got a job as a software engineer at EMC, in a suburb of Seattle. All the while, Fair, whose family was unable to foot his seven-figure bail, said he had faith he would one day walk away free from a charge alleging he murdered Arpana Jinaga, 24, in her. They act on impulse, not ration. Jinagas father had asked a family friend to check in on her after she missed scheduled calls with family from India. So she was protecting him from interacting with cops and ending up going to jail for that. The medical examiner estimated Jinagas time of death was 8 a.m. I may be misremembering but I seem to remember there being explanations for Fairs DNA on those items? Replies analysing and speculating over the mystery and possible explanations are encouraged. Just hours after that party ended, in the early morning of Nov. 1, 2008, one of the hosts of the Halloween party a 24-year-old software engineer and Indian immigrant named Arpana Jinaga . After the jury in his first trial deadlocked in 2017, King County prosecutors tried Fair again in 2019. The prosecutors office told Rolling Stone: We look forward to addressing these allegations in a public courtroom; we stand by our case., Fair said that he was reluctant to file the lawsuit at first because Jinagas family still hasnt gotten justice: theres no resolution for this case, no resolution for her.. As the fact that Fair was the only black African American at the party and involved in this case, some are also accusing racial discrimination. His case went on trial in 2017, the jury deadlocked and there was a mistrial. To just dismiss it as racism is ridiculous. There was evidence of rape. He matched the description of the man the other resident saw around 3 a.m. at the murdered womans door and had a wide window of suspicion around him, the lawsuit alleges. The county, police department and Coats filed a response to Fairs initial complaint refuting the claims. DNA from the neighbor was found on a motor oil bottle, and from another man who wasnt at the party on a bootlace likely used to strangle Jinaga. He appeared drunk and brought liquor. Now working a security job and living with friends in Renton, he said hes often depressed, carries guilt for a younger brothers emotional troubles and avoids going out. As a man who was incarcerated and released but not convicted, Fair left jail without the support and resources typically offered to exonerated people or parolees, such as job support and mental health services. When questioned, Fair claimed he retired to Potts' apartment around 1:30am on the night of the party. Coats and another Redmond detective confronted the neighbor about his calls to Jinaga, but then released him and returned his phone without examining it. By Bill Christianson January 8, 2009 5:35 pm.