The deleted texts between Luke and Jodi - what did they say?

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This blog isn't intended to argue guilt or innocence - just to highlight case facts. 

A text was sent from Jodi's mum's phone to Luke's mobile at 16:35 on 30/06/2003. A response was sent from Luke's phone back to Jodi's mum's at 16:36, then a further reply is sent back to Luke's at 16:38 - that's the end of the text exchange. These times are taken from court transcripts. 

The content of the texts could not be recovered from either phone. 

What was in the texts?

The following is a paragraph taken from Innocents Betrayed By Dr Sandra Lean, page 36 - 'The agreed facts':

"Monday, June 30th, the 4.34pm text from Judith’s phone to Luke’s (Jodi’s phone was broken) asked, did he want to meet up with Jodi later that evening? Luke texted back saying he would be out after tea and suggested Jodi come down from her home in Easthouses to meet him near his home in Newbattle."

Let's compare that to what Luke told DC Alan Towers was said during the text exchange (First interview, July 1st, after finding Jodi's body)

Jodi: Hi, are you coming out?

Luke: You can come down to my house if you want. We'll muck about.

Jodi: Yeah sure. I don't know what time I'll be leaving the house. See you whenever.

Luke also mentioned Jodi's response during the August 14th, section 14 interrogation. The following was read out during the testimony of Sgt Thomson, one of the interviewing officers:

Luke explains Jodi had replied: Cool do you want me to walk down? I don't know what time I'll be leaving.

He also said: "I replied sure, see you when you get down."

If Luke had said this, it would mean that there were four text messages in the exchange, not three - but there appears to only be evidence of three, at the times mentioned above; the first text from Jodi asking if Luke wanted to meet, a reply from Luke where according to his first statement, he had said Jodi could come down to his to muck about, then the 3rd and final in the exchange being the reply from Jodi saying she didn't know when she would be leaving. There is no evidence however, of a 4th text, despite Luke's statement that he replied "sure, see you when you get down". 

Luke explains again in the same interview (Aug 14th) what Jodi had said in her reply:

"That's fine, do you want me to walk down? I'll leave whenever, I don't know what time I'm leaving"


Taken from DC Alan Towers evidence  https://lukemitchelltrialtranscripts.blogspot.com/2023/12/dc-alan-towers-evidence-17122004-day.html






Taken from Sgt Thomson's transcripts/evidence (referring to the August 14th interview)


 

But then later on in the August 14th interview, Luke said:

"I text her back about five, I text back anytime after five o'clock "I'm coming out"

He said that to this, Jodi replied 

"That's fine, do you want me to walk down? I'll leave whenever, I don't know what time I'm leaving"

Mr Rowburton (who gave evidence at trial) noted an entry in his evidence which read:

"I'll come down, down by 5.30".

He explained that this was what Luke had said was in the text message, or what Luke understood (November 2003)




There is no evidence of Luke using the term 'after tea', as claimed in Innocents Betrayed, or evidence that he specifically asked Jodi to meet him near his house.


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