Open and Active

Previously on Murder at the U. Man, y'all need to look at the goddamn school. Pada had a lot of enemies. Rashad like kinda rub some people the wrong way. Everybody was looking for him. Where's Rashad? If you're asking me point blank, do I think that he did it? The answer is no.

The Patta family had a lot of reasons to believe Rashawn Jones killed Brian. One of the reasons, it turns out, was that in those early years, the pandas had an informant who was working the case. He'd tell them what the police knew in confidence. As Brian's brother, Edwin Patta, told producer Dan Aruda, just a few months after Brian's death, this informant told him that the police thought they knew who killed Brian. He always used to tell me, hey, listen, this is what happened.

Rashawn Jones. I said you sure? He was like, listen. He would say the words Rashawn Jones. He said he did it and he said that there are certain protocols and rules you gotta follow and you gotta obviously you know prove beyond You know, you gotta have all this evidence and witness and all that stuff. He was like, listen. What would he tell you why he thought it was Rashawn? Did he give you any specific reasons? Um he's the he's a guy that has a motive.

And after Brian died, he was the only player that was not there. So And why would he tell you that they couldn't arrest? Circumstantial evidence. No gun, no witness. For about a decade, the family held on to that information. They believed the police would eventually uncover more evidence. Edric Patta said the family would visit Rashon's Facebook and Instagram looking through his photos.

Is it worse that you guys believe, you know, who did it and still that person hasn't been brought to justice? Frustrated, yeah. Because when they say that, you know, person don't really don't get rest until, you know The case is solved, that's true. We're experiencing you this stuff is in the back of your head every damn day. You think about this stuff every day. God damn it, you see how you look, you look in this guy's page, you see he's living his life.

If the Pada's informant was telling the truth, it meant the police had kept Rashon in their sights for more than a decade. But somehow, they never made an arrest. It also meant the police had been keeping the truth from us this whole time. They'd had a prime suspect all along. But the truth would eventually come out, and it would require us to confront the police in a way none of us could have seen coming.

I'm Paula Levine. From 30 for 30 Podcasts, this is Murder at the U. Episode 5, Open and Active. ESPN is now the home of MLB.tv. If you have the ESPN Unlimited Plan, you'll get a$15 discount on the 2026 seasonal MLB.tv package. And if you don't, no problem. When you sign up for MLB.tv, you'll receive a one-month free trial of the ESB. be it unlimited. Cancel any time without losing your MLB.tv access. ESPN Unlimited. trial unless canceled blackouts and other terms apply.

Once we learned of this tip about a potential suspect, we had to bring it up with the police. Who is Rashawn Jones? Another teammate of his. This is an interview from 2018 with Miami Detective Miguel Dominguez, the lead investigator on Brian's case, the one who sported a horseshoe mustache. interviewed by my BPD. Yes. Was he ever a person of interest? At the time everybody was a person of interest.

But he was no more or less than anyone else at the time. No. This answer from Detective Dominguez directly contradicted what we had heard from the Paddas and their source. Which was confusing to us since their source was coming from inside the police department. So Dan tried to push Dominguez for answers. Why do you feel the family has such a strong sense that someone on the team may have been involved? I don't know. That's a question I'm gonna have to direct to them.

Over the next two years, we would continue to wonder exactly what the police knew about Rashawn Jones. And Dominguez and the other detectives would continue to deflect when we asked whether Jones was a suspect. Honestly, everybody was a suspect of that. In fact, they insisted over and over and over that they didn't have a prime suspect or even anyone they would call a suspect. They were looking at everyone. The bottom line is we at the end of the day, we don't know who killed Brian Patter.

We even offered to talk off the record in case they wanted us to know something but didn't want it to get back to them publicly, something reporters and cops do often. But they said no. We were going around in circles. The suspect or no suspect thing was just one of many questions that we had for the police. We were also looking into other motives and theories that may or may not have had anything to do with Rashawn, like the nightclub fight with supposed gang members.

The threats from Jada's family. And the locker room call overheard by teammate Chris Zellner. We knew that Brian's computer, phone calls, and text messages could provide clues to move this investigation forward, but it hadn't been clear to us exactly how the detectives had approached this part of the case. So in early 2019, Dan and I sat down with Detective Dominguez and the supervisor on the case, Rudy Gonzalez, to see what they could tell us.

The perpetual question in our mind, aside from who killed Brian Patta, was what did the police know? And it was this interview that revealed a few things. What computers did you seize that had belonged to Brian and what can you tell us about that? We did not s seize any computers. Why not? We deemed it wasn't necessary for the investigation.

Why do you feel that that wasn't necessary? There was nothing that would indicate that the computer, you know, had any trace or involvement in you know, Brian's murder. Apparently, the police didn't know what was on Brian's computer because they never collected it, and they didn't seem to think the online activity of a college student in his twenties would lead them anywhere. I don't think there was social media back then. I don't think the email was that rampant either.

So social media did exist in 2006 and Brian was on it. He had Facebook and MySpace pages. Someone even posted a tip there about a potential murder suspect shortly after he was killed. And I found this pretty odd because even in much lower profile cases I've reported on, computer forensics and online activity were typically put under the microscope.

We did have his phones though. And we did um get announced of of his cellular telephone. So that yeah, so that leads me to the next question. I mean then I asked about phone records. If someone was on the other end of a heated phone conversation with Brian just an hour before he was murdered, phone records could reveal who it was. What can you tell us about how in depth you went on pulling the phone records, looking at the phones and what if anything came of that.

We pulled about three months worth of phone records. The phone records basically just show connectivity between cellular telephone. back and forth, incoming and outgoing. So there wasn't content from text messages? No. No. Those are things that um you have to have problem causing get warrants for. And there was no uh like I said there was no indication I mean I don't believe that in two thousand six there was even text messages was even in use.

Like social media, text messages were definitely a thing in 2006, and Brian's friends and family members told us they remembered texting with him. At the time, I was genuinely surprised by what the detectives were telling us. It felt like a significant oversight in this investigation. Later, we found out they did pursue records from MySpace and got at least some of Brian's text messages. But it's not clear what information they received or what they did with it.

And we're not sure why detectives didn't seem to know about all the evidence they had in the case.

By this time, we'd been reporting on this story for more than two years. We'd interviewed over fifty people and had several conversations with police and other investigators. None of those conversations led us to believe Dominguez, Gonzalez, and the Miami PD were making progress. So we eventually asked Gonzalez what they had done more recently. One of the things that we did starting about two or three years ago on the 10-year anniversary was that we started kind of looking through the case file.

So just a fresh set of eyes on the case file to go over and look at it, okay, what's been done? Is there anything glaring that should be done? Did we miss something? Is there something that we should that they didn't do that needs to be followed up on? And that process continues today.

How has a fresh pair of eyes helped in this case? As of right now, I would tell you, it hasn't helped much. They did a very, very thorough job from what I've seen so far. And looking through the reports and the and the people that they interviewed and the It seems like they did a very thorough job. So, just before the Miami police had reached out to us for help, they said they'd applied, quote, a fresh set of eyes on the case.

And what they'd found was that their work, which involved never looking at Brian's email, not seizing his computer, was up to their standards. On that day, we talked to the police for about two hours. And at the end of our interview, I asked them if there were any threads of this story that we had missed. Detective Dominguez said no. And just then a press officer named Alvaro Zabaleta piped up.

He said something that explained a lot about how the police saw us in this situation. You guys are gonna have a lot more flexibility than us. E aí, você não tem a guideline. We have guidelines. No no no you you do you do and you don't in the sense of you're not gonna go talk to a child unless they get parent permission and all that type of stuff. But as far as the legal guidelines, you guys can go to anybody in that roster and talk to them however you want.

And they may speak to you and it's hey cool. E SPN. Let me tell you what I know. Boom, and they just let it all out. Detect will bring them in now. As soon as you tell them, can I get that formal statement from you? And you hear the word formal and statement together in one sentence, they go, Nope, I don't I don't want to deal with this. Call my attorney. And then of course the attorney's gonna say, You're not talking to him.

because he has nothing to do with this. And then there goes that door and it gets shut down. In this moment, it seemed like the Miami police were implying that we'd have an easier time uncovering Brian's killer than they would, or at least talking to people central to his case. But even if some people are more inclined to talk to us, there's one big difference. Courts can force people to tell the truth under oath. We don't have that power. People can lie to us, people like the police.

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We started this story trying to figure out who killed Brian Patta, but now we'd found ourselves on a different trajectory. When Miami Dade reached out to us in 2017, it probably wasn't to invite a team of reporters to check their work. For two years, we asked the police to share a copy of the police report for the case, but they refused. So we decided to submit a request for the documents under the state's open records law. In November 2019, the police finally released a copy of the report.

Remember, it was nearly two hundred pages and heavily redacted, blacking out any information that the police considered pertinent to an active investigation. But it did reveal something the police never told us in interviews a lead involving an entirely different suspect, and a jailhouse confession. Here's what the report told us. Less than a year after Brian's murder, the police received a tip.

A man named Emmanuel Jones had allegedly confessed to Brian's murder while in a Florida state prison. He'd told his cellmate he'd killed Brian in a murder for hire. So I wrote a letter to Emmanuel Jones and asked if he would speak with me. And a couple months later, I got a phone call. Okay. Is that better? This is better for me. Okay. Hey, so this is kind of a out of the blue context, I'm sure, but you're still in Broward County there in in the jail, right?

Then I asked Jones about the night Brian was killed. Brian Patta was shot November seventh of two thousand six. Do you remember all where you were November seventh of two thousand I know it's a long time ago, but I mean obviously this came up at some point. So do you remember where you were? None of that has anything to do with me. I'm just asking, is you a detective, do I need a lawyer present while you asking me these questions? or like

What's going on? You told me to reach out to you and it's like you interrogating me right now. Well, I told you in the letter I sent that I work for ESPN and we're looking into Brian Patta and what happened to him. And right. If someone were to say, Hey, you confessed to this murder, do you remember where you were?

We know that love. I was nowhere around no murder. That's not even my, that's not, that's not my MO. Like, I, I, that's not me. I was nowhere around no murder. I don't know anything about no murder. Obviously, I didn't expect Jones to confess to a murder on a recorded phone line. But I was also asking that question for another reason entirely.

Back in 2007, police had quickly ruled Emmanuel Jones out as a suspect. They wrote he had an alibi. He was in jail for stealing a dirt bike and an armed robbery. But we discovered the police had the timeline of his arrest all wrong. Did you get taken into custody right at the time the guy reported you guys stealing the bike from him? Did you get taken into custody at that time? No, no, no, I didn't. I was arrested later on. I ain't get arrested at night That robbery took place in August 2006.

But Jones wasn't actually arrested until December, a month after Brian's murder. And we found no record, local, state, or federal, showing he was incarcerated in November when Brian was killed. You were not arrested in August of two thousand six, correct? I was arrested. I was arrested later, later on down the line. The police had definitely made a mistake and Jones had just confirmed it. The funny thing is, we'd figured out all of this from the detective's own case file.

But when we asked police about this discrepancy, they declined to comment. In fact, Dominguez would later testify that he couldn't rule out Emmanuel Jones as a suspect.

The more familiar we became with the police report and Miami Dade's investigation as a whole, the more mistakes we encountered. Not only that, we discovered discrepancies between what police said to us in our interviews and what they actually had documented. Remember that first trip to the crime scene? Detective Dominguez told Dan that Brian had backed into his parking spot.

Brian's vehicle was parked backwards into the parking space. He backed into a spot. Yes. So his driver door was facing the road. The roadway, yes. Dominguez sounds confident here, but he's wrong. Crime scene photos clearly depict Brian's infinity parked nose in. In fact, Dominguez admitted in Dan's first interview that he hadn't studied the case file before speaking to us about Brian's killing. That made us wonder what other details Dominguez just plain got wrong.

There was a question we asked Dominguez about whether Rashawn had been interviewed more than once. He hasn't been interviewed a second time, but but neither have any of uh the former uh players either. But in fact, they did interview Rashawn at least twice, and other former players more than once as well. Out of all of this, what shocked us the most though was what we realized almost immediately after getting the police report.

There were no substantive entries in the case file after 2009. There were no entries noting interviews, tips, or newly gathered evidence for 10 years. What had the police been doing all of this time? And how could they, given all of this, claim this investigation was still active? We had tried to get the unredacted police report, tried and failed, because Florida public records law allows police to withhold investigative details of a case if it is still active.

But nothing about this case seemed active. In fact, it seemed very cold.

Testing one, two, three. Greg Cooper is a former FBI profiler. If you're familiar with the show Criminal Minds, that's a dramatization of the role. Much of that is uh very accurate in terms of the substance of the types of cases that are working. by profilers. Usually it takes longer than an hour, however, to solve a case. In twenty fourteen, Cooper co-founded an organization called the Cold Case Foundation. What exactly is a cold case and when do you believe

Active investigations end and cold cases begin. There there is no generic definition for a cold case. It depends on the department. It really becomes cold if they're no longer working it. So you may say well it's any unsolved case that's no longer being worked. That's cold. But most police departments don't like to categorize any case as so cold that it's no longer being worked.

In fact, you'll probably find it difficult to find a police department that's going to tell you we're not working that case. We gave the Cold Case Foundation transcripts from all of our interviews up to that point, and the files we had received from the police, including the redacted police report. They reviewed all the documents as if it were a case they were working on.

And they came to some conclusions about Miami Dade's investigation. I don't have the sense that it's excessive, it's excellent, that it's exhaustive and thorough. I wouldn't go that far with it. What are the major shortcomings? Well I think there's more people that need to be interviewed. There's a list of people that we identified that need to be interviewed or re-interviewed as a result of reviewing the case. The key to the case is the relationship between the victim and the offender.

This individual wanted Brian dead. The key is trying to identify the motive for it. Taking into account what Miami Dade police have done, but then also taking into account some of the shortcomings you guys have identified. Back when this happened, how solvable should this have been? At the time, I think the possibilities of an of solvability were high, above average. Now it's much more difficult because of the passage of time, obviously.

Cooper and his team went through all the different suspects who might have killed Brian. He wasn't satisfied with Miami Dade's efforts to cross those people off the list. I don't think that any of them have been adequately vetted to eliminate them completely. Who do you think killed Brian Potta? There's some persons of interest and they need to be eliminated. But I think Rashawn is probably at the top of that person of interest list.

so firmly at the top of your list. His relationship with Brian and Jayda. She's in the middle there. They at one time I think that they had had a relationship with one another. You've got the pre-offense behavior and the post-offense behavior. that is questionable. The fight that he was involved in. I Rashawn gets kicked off the team that day. We know that Rashawn did not go to practice that day. Doesn't show up to practice. But now did he get kicked off the team before? Yes. Right.

So that now doesn't become significant, the fact that it doesn't show up. But when everybody was called in after Brian's death that night, he's the only one that doesn't show up. That's correct. So he could have the legitimate excuse while I was kicked off the team. That is correct. On the other hand, I was kicked off the team, but hey, this guy's a former teammate. Why wouldn't he show up?

At this point, one of our producers, Scott Frankel, read back a summary of the detectives first interview with Rashon. Mr. Jones Rashawn told Detective Pat Diaz that when he learned of the victim's demise, he responded to the University of Miami Hex Center. And he never did. So we know that he lied. Yeah. So right there in that moment that evening, what would his motive be for killing Brian? some perceived or actual conflict between he and Brian.

has developed over a period of time and it could be approximate. My sense in a in a crime like this is not that there's a long period of time between the decision The kill Brian and the killing itself. It's a short period of time. Cooper and his team at the Cold Case Foundation had reached two clear conclusions. One, Miami Dade's investigation had fallen short. They'd missed opportunities to interview people who might have known important information.

So what could have been a more solvable case in 2006 had dragged out into a 15 year ordeal. 2. Based on all of the evidence we'd provided, the cold case guys thought Rashawn Jones looked like the strongest suspect. But we were still left with questions. Questions we hoped to answer before we published anything related to the case.

Questions only the Miami Day police could answer. Like, why hadn't they interviewed Rashawn since 2007? Why had they seemingly not interviewed anybody since 2009? And maybe most of all, why had so many years gone by without an arrest?

The Miami-Dade police said this case was open and active, and so the details of the investigation, protected by Florida state law, had stayed hidden to us. But we had come to believe this wasn't true. And so, in March 2020, ESPN sued the Miami-Dade Police. Just to let you know what ESPN vs Miami-Dade County kicked off in July 2020, right at the height of the pandemic lockdown.

Judge Oscar Rodriguez Fonse presided over the case. I've lost my internet already a couple of times. I've had to reboot, so I'm having problems. So working in the pandemic we all have to play roll with it, right? Everyone on our team logged onto Zoom to follow along, and Dan recorded the trial from his home. We had filed a lawsuit against the Miami-Dade police alleging unlawful withholding of open records.

So to start, a lawyer for the police department laid out the case for why those redacted portions should remain confidential. The record and testimonial evidence presented to the court today Will demonstrate that there are key details of the crime that the mind of the court orders that these key points of information be produced, and no doubt, broadcast all over the world by ESPN or other media outlets, then Brian Cotta's killer may never be brought to justice.

In order to justify their redacted reports, the police had to prove that the case was still active. To do that, they needed to show that they were making progress toward an arrest. So they called a witness, a lieutenant overseeing the homicide bureau named Joseph Zanconato. And can you explain briefly what the ten year anniversary of Brian Potta's death meant for your investigation? Well, that was an opportunity for us to uh kind of, you know, like renew the investigation.

It gave us an opportunity to review all the reports, the case filed. And uh, you know, we were trying to develop uh come up with ideas as to how we could put this case back in the limelight in order to try and uh develop leads. Then the county's attorney switched gears. I'd like to now turn to the investigation that MDPD is conducting and talk a little bit about that. Does MDPD know who killed Brian Potta? Yeah, we have a strong uh belief as to who's responsible for his death.

All of us watching this Zoom were shocked. We had been asking the police this question for three years, and for three years they had said it could be anyone. Is there a main person of interest? Yes. Now, under oath, Zanconato had made a statement that directly contradicted what police had been saying to us. Going back to the years closer to the date of Brian Potter's death. So this would be 2006, 2007. Was MDPD close to making an arrest in this case? Yes we were.

You can hear Dan's reaction to this on his recording from home. The police not only had a main suspect, but they had been close to making an arrest way back in 2007. Then the lawyer asks Antonato to make a prediction. Will you make an arrest in the foreseeable future? Gracias. The phrase foreseeable future is really important.

It comes from the Florida Open Records Law, which says a case is active if there is, quote, a reasonable good faith anticipation of securing an arrest or prosecution in the foreseeable future. But it doesn't offer a definition of what foreseeable future means. The police had a main suspect since 2007, but they still hadn't made an arrest. So why did they expect that an arrest was going to happen anytime soon? What, if anything, had changed?

That's what Dana McElroy, the lawyer representing ESPN, asked Zanconato on cross-examination. How is it that an arrest wasn't made in the last 12 years? 'Cause we were still missing a piece of the puzzle. And is that piece of the puzzle still missing? Yes. However, based on our the fact that we are uh actively working with this case, we believe that an arrest will be uh in the foreseeable future. There's the foreseeable future again. But ESPN's lawyer had another card to play.

In a recent document dump, the Miami-Dade Police Department had given us background files on people named in the police report. Each file had a handwritten cover letter with the person's name on it. And on one of those documents, the police left in one key word they probably meant to redact: suspect. So McElroy started by asking Zanconato about the names of a few potential suspects. And I'd like to bring up plaintiff's composite exhibit twenty one. Do you know who Jerome Brody is?

Where he's Jada Brody's brother. Yes. Um are you familiar with the name Emmanuel Jones? I have heard that name, yes. Okay. Uh and is he a person of interest? Objection, confidential information. How about Rashawn Jones? Exactly. Confidential information. She's essentially asking who stains, sustain, sustained. Okay, if you could we could please pull up plaintiffs composite exhibit to.

Scroll down to the bottom. This document identifies Rashawn Jones as a suspect, does it not, Lieutenant? It says suspect, yes. Out of more than 100 cover letters, the one with the name Rashawn Travan Jones was the only one with the word suspect on it. Okay. Is he a suspect or not? Direction confidential information.

The lawyer for the police objected again, but this time the judge overruled. You guys turned it over and it's in evidence. I don't know how it's confidential anymore. So without going into any further detail, I guess he can answer the question. A lot of individuals who were interviewed and who were uh looked at like regarding this case, there's a lot of pieces of paper that were written on. That piece of paper right there is not necessarily evidence to our case.

I'm I'm not sure you answered the question. I asked if he was a suspect. The police's attorney again objected, but the judge allowed our lawyer to press on. Was he a suspect? Rashawn Jones is is one of uh a number of people who we've looked at in this investigation. I is he a current suspect? I'm not gonna answer that question based on confidentiality, or the exemption rather. After the day's hearing, the reporting team got on a call to Debris.

At the end of the day, regardless of what happens, I am glad that we brought this because it revealed a couple things, the biggest of which is that they were lying to us. And and then I'm I'm glad we went through this process because had we gone with what we had, I think we would have been putting forward a story that was disingenuous and frankly not true. Not for any fault of ours.

But just for the fact that the police department clearly lied to us. And I'm assuming that they were telling the truth to the judge, that meant they had to be lined up. And to be clear, you think they're lying was that the fact that Rashon has been their number one suspect this entire time and it hasn't been a oh, we have lots of leads and lots of things to look into.

Well, when they talk about the prime suspects and they talk about the evidence, it is the material that we know based on the context pertains to Rashawn. Yeah, and the fact that his his is the only cover letter that had suspect on it. Yeah, that was a big gaff. Yeah. But they talked about some of the slip ups that they made and the stuff that they should have redacted. That was uh that was a big one.

Two months later, the judge handed down his decision. He took police at their word that they were continuing to work this case and that there would be an arrest in the foreseeable future. It felt like a gut punch. But the judge's ruling came with a condition. In it he wrote, A time will come when it will no longer be proper for the MDPD to keep the redactions at issue confidential. However, this court finds that now is not that time.

In other words, that undefinable clock of foreseeable future, it was ticking. We knew it, Miami Dade knew it too. Which is why what happened next felt unbelievable. In the weeks after the judge's ruling, major changes hit Miami Dade's homicide team. Commander Rudy Gonzalez. Two months after he testified, we learned that Gonzalez was no longer working Bryan's case. Lieutenant Joseph Zanconado

We believe that an arrest will be uh the foreseeable future. Three days after this testimony, police records show that Zonkinado was reassigned out of homicide. And as for Miguel Dominguez, the lead detective on this case since day one, we have a multitude of leads that we're following. And we are most definitely working this activity. One week after the judge's ruling, we learned that Dominguez had retired.

I found all of this terribly disingenuous. All these people who swore to actively pursue an arrest had just hightailed it off the case. We asked Miami Date about these departures, whether investigators had lied to the judge. A police department spokesperson told us Zanconado had not known ahead of time that he would be reassigned, and Dominguez's retirement was last minute.

After the lawsuit ended, we decided to run a story with the information we had. It included everything we knew about the case. Details of Brian's last day, the Zellner call, the various theories, Miami Dade's misstep with Emmanuel Jones, our lawsuit, and its aftermath. The story was also the first time that the public learned police suspected Brian Patta may have been killed by his teammate, Rashawn Jones. It ran in November 2020.

Our team had no idea how long Miami Dade would stretch out the limits of a foreseeable future. We were expecting years at least. But it turned out to be much sooner than we thought. Less than a year after our story ran. We got a phone call. Hey Dan, good morning. Just now turning on my phone. Um it's gett it's heating up really good. I think they're about to make uh an arrest soon. I'm not quite sure when they didn't say anything.

That's next time on Murder at the U. Murder at the U is based on reporting by me, Paula Levine. and Dana Ruda. With support from Scott Frankel, Elizabeth Merrill and ESPN's Investigative Unit. Our senior producer is Matt Frasica. Our senior editorial producer is Preeti Varathon. Our associate producers are Megan Coyle and Gus Devaro. Story editing by Adiza Egan. Additional editing by Ben Weber and Mike Drago. Our archival producer is Matthew Fisher.

Our line producer is Kath Senke. Production managers are Jason Schwartz and Sheena Williams. Fact checking by David Sabino. Original music and sound design by Ryan Ross Smith. Chris Buckle is Vice President of ESPN Investigative, Enterprise, and Digital Journalism. Marsha Cook, Brian Lockhart, Heather Anderson, and Burke Magnus are executive producers for 30 for 30.