A 1995 letter from Eric’s original attorney, Julian Bailey, to Deputy District Attorney Debbie Lloyd highlighted phone records placing Eric at a Denny’s in Tustin at 8:52 PM, where he was returning a page from his manager at the Thunderbird nightclub. This call was initiated 16 minutes prior to the estimated time of the murder, a window that becomes even narrower when the unknown duration of the conversation is considered.

Crucially, this letter was ruled inadmissible at Eric's 2011 trial. It's exclusion deprived the defense of vital evidence that would have corroborated the existence of the 8:52 PM call—a call the prosecution later claimed never occurred. By the time of the trial, the original phone record had gone missing from the evidence files turned over to the District Attorney, leaving the defense unable to provide the jury with physical proof of Eric's alibi.