Det. Ziegler's report of the initial interview with James Foseid illustrates the growing discrepancies in the story Foseid told in 1994, and what he now claims occurred.

"September 24, 1994

"Summary of interview by Det. Ziegler and ADA Sayles conducted between 8:15 a.m. and 9:30 a.m., approximately.

"Person interviewed: James W. Foseid

"Foseid states that he was at the Echo Tavern in late February or early March, 1994, on a Thursday night, at about 10-10:30 p.m.  He recalls that spring was coming, but there was still snow on the ground.  He was alone and sat at the end of the bar, facing down the bar.  About 10 or 15 minutes after he arrived, 2 "girls" came in and sat at the end of the bar, facing the back bar.  He later realized that the girl closer to him was Penny Brummer, for reasons stated below.  Brummer's companion he recalls as petite, with brown hair, a little shorter and heavier than Brummer.

"For about half an hour Foseid did not speak with the girls.  He and they then engaged in small talk, and they mentioned that they had come from the Washington Hotel.  It became apparent to Foseid from Brummer's conversation with her companion that Brummer was upset about something.  Foseid asked Brummer why she was upset, what was the problem.  Brummer told him that she was angry with another girl, who was trying to break up a very close friendship she had with yet another girl.  Brummer got more and more upset as she talked, and referred to the girl she was angry with as a "fat, ugly bitch."  Brummer ultimately stated that she knew what she was going to do; she was going to "waste" the girl she was angry with.  foseid was shocked, and said "You're going to what!"  Brummer refused to repeat what she had said, and refused to tell Foseid who the girl was that she was angry with.  Foseid suggested that Brummer should try to talk it out with the girl she was angry with, and shouldn't kill someone just because she was angry with her.  The girls left abruptly.

"Foseid told the bartender, John LNU (about 30, recently won a Best Bartender in Madison award) something like "Did you hear that, she's going to kill someone just because she's angry."  The bartender said something like, "It's all in a night's work," and "blew off" Foseid's concern.

"Two or 3 weeks later Foseid, who takes the Wisconsin State Journal, saw a photo of Brummer in the paper.  He immediately recognized the photo as a photo of the girl he had talked with, and it hit him "like a bolt" that "she had done it."  Foseid is certain the photo was of the girl he talked with, and that he has not seen more photos except TV photos showing the back of Brummer's head.  Foseid did not tell police about this, because he thought they could handle it, and because he did not want to be involved.

"Foseid states that he told his wife about this, and that her reaction was "They have some real beauties down there."  He states that at some point fairly soon after this happened he told [name withheld] about the conversation, possibly when he and his wife were celebrating someone's birthday.  (Her birthday is April 15, his is April 28.)  He told his friend, Jeff Stanley about the conversation some time ago, maybe in May.  He may have mentioned it to other family members and co-workers."