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Justice on Trial Season 1 Episode 3
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Short filmTranscript
00:30I need you.
01:00I'm going to level with you, Mr. Deskavik.
01:05We like you for the murder of Angela Correa.
01:08I would never...
01:09The day after the murder, you show up late for school.
01:13You go to all the vigils, all the memorials,
01:16despite you saying that you never really talk that much.
01:20You fit the profile to a T.
01:26I'm Judy Scheindler.
01:28Before I was a judge on TV,
01:30I was a judge in New York City for 15 years
01:33and a lawyer for 17 years before that.
01:36While serving on both sides of the bench,
01:38I learned that justice doesn't always end up feeling just.
01:42Sometimes the impact of one decision by a police officer,
01:46a lawyer, or even a judge
01:48can change the way justice is delivered.
01:51We're going to demonstrate this by taking landmark cases
01:54from actual crimes committed by real people
01:57and we'll recreate them without trial lawyers
02:00and yours truly is the trial judge.
02:02While we're not going to recreate the trials verbatim,
02:06all the court's ultimate decisions are accurate.
02:08It will be up to you to decide whether the case was fair
02:12and the outcome just.
02:14This episode of Justice on Trial focuses on the murder of Angela Correa,
02:32a high school student from Putnam County, New York,
02:35and how law enforcement handled the search for her killer.
02:39Usually, when someone confesses to a crime,
02:43they're admitting they're guilty.
02:45And that's that.
02:47Justice is served.
02:48But what happens if that confession was obtained
02:51under an unreasonable amount of police pressure
02:54and that afterwards,
02:56the person who confessed said,
02:59I didn't mean it.
03:01The legal term for that is false confession
03:04and it's more common than you think.
03:07But I'm getting a little ahead of myself.
03:10Let's go to the aftermath of this brutal murder.
03:13I have horrible news.
03:21I really don't know how to say this.
03:24Police have found Angela's body in the woods.
03:28Oh my God.
03:29I want you to know that grief counselors are being made available
03:32and I encourage all of you to...
03:35Mr. Jeskovic.
03:39Glad you could join us.
03:40Sorry, I'm late.
03:43I missed the bus.
03:45Not to worry, Jeffrey.
03:48Today of all days, I can cut you guys some slack.
03:51Why?
03:54What's going on?
04:01So you're new to deceased?
04:03Sure.
04:04We all knew Angela.
04:06Anybody she dating, you might know.
04:07Not that I know of.
04:10Lots of guys wanted to get with her.
04:12She's hot.
04:14But she wasn't interested.
04:17I think her parents kept her on a pretty tight leash.
04:20How about maybe somebody she turned down?
04:22Somebody in particular,
04:23maybe you think could have held a grudge.
04:28Not really.
04:32But there is one kid who's kind of off.
04:39And he showed up late to class today.
04:41Kind of off.
04:42So what do you mean?
04:46Kind of a loner.
04:49Kind of awkward.
04:51A kind of guy you wonder what he does when nobody's watching.
04:55What's his name?
04:59Jeff Deskovic.
05:00From that day forward,
05:15Putnam County law enforcement zeroed in on 15-year-old Jeffrey Deskovic.
05:21Months later, they tried him for Angela Correa's rape and murder.
05:26As you watch the detectives' testimony,
05:30you'll see how they put together their case.
05:33We'll show you how they interacted with Jeffrey along the way,
05:36according to what Jeffrey recalls happened.
05:39You'll notice it won't always jibe
05:42with what the detectives' version of the events are.
05:45It's up to you to decide who and what to believe.
05:51Counsel, note your appearance, please.
05:53Good morning, Your Honor.
05:53Larry Backman, on behalf of the people of the state of New York.
05:56Good morning, Judge Dan Mentzer for the defendant, Jeffrey Deskovic.
06:00Members of the jury,
06:02the defendant, Jeffrey Deskovic,
06:04is charged with the rape and murder of a 15-year-old schoolmate.
06:08As you will hear, the primary evidence of the people
06:10is the alleged confession he made to the police.
06:13In order to convict the defendant,
06:15you must find that the statement was voluntarily made by the defendant
06:19beyond a reasonable doubt.
06:21You must find that, taken together,
06:24all of the evidence proves that Jeffrey Deskovic
06:26raped and murdered Angela Correa.
06:30That is the people's burden of proof.
06:33You wish to make an opening statement, Mr. Backman?
06:35I do, Your Honor.
06:36Good morning, everyone.
06:37As the court indicated,
06:39I am the prosecutor in this case.
06:42I represent the people of the state of New York.
06:44In this matter,
06:45the people will prove beyond a reasonable doubt
06:48that the defendant brutally beat,
06:51raped, and murdered a 15-year-old young girl.
06:56At the end of this case,
06:57I'm going to ask you to return
06:59with a verdict of first-degree rape,
07:02second-degree murder,
07:03based on the fact that the people
07:05have proven this case beyond a reasonable doubt.
07:10Mr. Mentzer.
07:11Thank you, Your Honor.
07:12Let me be perfectly clear.
07:14Jeffrey Deskovic did not
07:16rape or kill Angela Correa.
07:19That's not just my opinion.
07:21That's a scientific fact,
07:22because one thing Mr. Backman did not tell you
07:25is about the scientific evidence in this case.
07:28But rather than wait for that evidence to come back,
07:31the police picked a suspect.
07:33This 16-year-old boy, Jeffrey Deskovic,
07:36they chose based on really no evidence,
07:40based on the fact that he was a shy
07:42and socially awkward child.
07:44And they persisted in interrogating him
07:46and badgering him for six weeks
07:49to get him to confess to a crime he didn't commit.
07:52And yet for six weeks,
07:53he said, I didn't do it.
07:56So did that end the nightmare for Jeffrey Deskovic?
07:58No.
07:59No, it didn't.
08:00That nightmare has to end with you,
08:03because he's innocent.
08:07Mr. Backman, are you ready to call your first witness, sir?
08:10Thank you, Your Honor.
08:10I called the medical examiner, Dr. Lewis Rowe.
08:18Kevin, will you swear the witness, please?
08:20Raise your right hand, please.
08:21You swear to tell the truth in these matters today?
08:22I do.
08:23Thank you. Have a seat.
08:24You may inquire, sir.
08:25And doctor, please tell the jury
08:27your current profession or occupation, if you would.
08:30Westchester County Deputy Medical Examiner.
08:32Turning your attention, sir,
08:33back to November 17th of last year,
08:36were you called to a crime scene
08:38involving a 15-year-old victim named Angela Correa?
08:41Yes.
08:47This is as bad as it gets, boss.
08:49Blunt force trauma to the head.
08:51Look at your marks on her neck.
08:53Could have died from either.
08:54Could have died from either.
08:54We're going to have to do a rape kit.
09:03Yeah.
09:04I figured.
09:05This doesn't happen here.
09:08Press is going to have a field day.
09:10It's already happening, boss.
09:13The news started running stuff three hours
09:14after our estimated time of death.
09:17We need to get justice for this girl.
09:19And we need to get it quick.
09:23I take it, sir, that at some point in time,
09:25you conducted an autopsy of the victim.
09:28Correct.
09:28And did you recover any fluids from the victim's body?
09:33Yes.
09:33From where?
09:34Semen was recovered from the vaginal area.
09:37And the semen sample was sent to the FBI lab for analysis.
09:41Is that right?
09:41Correct.
09:41And that was to be compared to a blood draw
09:44taken from the defendant back on January 10th.
09:48Is that correct?
09:49Yes.
09:49And did you receive the results back from the FBI laboratory
09:53indicating whether or not this was a DNA match
09:56to the defendant's blood?
09:57Yes.
09:58And what was that result?
09:59It was negative.
10:02And that DNA analysis simply excludes
10:06the defendant as being the donor of the semen sample, correct?
10:10Yes.
10:10Doesn't exclude him from putting his hands around her
10:13and after using a ligature to kill her, does it?
10:17No.
10:17No further questions.
10:19Mr. Men, sir?
10:20You may inquire, sir.
10:21Thank you, Judge.
10:22Dr. Rowe, you got to the scene on November 17th, correct?
10:26Yes.
10:26And you saw signs that the young girl
10:28had been raped and murdered, right?
10:30Yes.
10:31And one of the things you noticed was that there were hairs
10:33found along this girl's legs, correct?
10:36Yes.
10:37And you carefully removed those hairs for testing?
10:39I did.
10:40Then the next time you got involved in this case
10:42was sometime after you learned of the results of the testing,
10:47correct?
10:47I believe so, yes.
10:48And you found Jeffrey Deskovich was not the source of the hair found on the naked leg of Angela
10:56Correa.
10:57Yes.
10:58And you can often determine the racial makeup of the donor of that hair, right?
11:03Correct.
11:03And the result you got as to the makeup of the person whose hair that was,
11:08was that it was an African-American person, right?
11:11That is correct.
11:11You found also that Jeffrey Deskovich was not the source of the semen found in the body of Angela Correa,
11:20correct?
11:20Correct.
11:20Now, with respect to the DNA evidence that was found in the semen not matching Jeffrey Deskovich,
11:28one explanation was he's innocent, right?
11:31That is one explanation, yes.
11:33Thank you, Judge.
11:34I'm not for the questions.
11:35Witnesses excused.
11:36Mr. Backman, call your next witness, please.
11:40Call Detective David Levine.
11:43You may inquire, sir.
11:44Thank you, Your Honor.
11:45Detective, can you tell the jury what your current profession or occupation is?
11:50I'm a detective with the Peekskill Police Department.
11:52And how long have you been so employed?
11:54Fifteen years.
11:55And what are your current assignments?
11:58We investigated the homicide of Angela Correa.
12:02And did you do that with a partner or by yourself?
12:05Myself and Detective McIntyre.
12:07And when you found the body, can you describe for the jury the condition of the body when
12:16you found it?
12:17Is the victim partially nude?
12:19Yes.
12:19Her clothes, particularly her torn bra, were found in the vicinity, and her cassette plate
12:27was also found in the vicinity.
12:28And that tells me that she never saw what was coming.
12:32And tell me, when you came upon the body, did you ask for the M.E., the medical examiner,
12:41to come to the scene?
12:42I did.
12:43Now, let me ask you, did you go to the high school where the victim and the defendant went
12:49and talk to classmates?
12:51Yes, we did.
12:51We needed to establish a suspect, Lex.
12:54And in terms of focusing on Mr. Deskovic as a potential suspect in this case, did you
13:02have the opportunity to observe him attend various wakes for the victim?
13:09We did.
13:09Did that raise a red flag?
13:11Yes, it did.
13:12Must have been a popular girl.
13:20Maybe these kids just need something to care about.
13:26Mac, there's our boy.
13:30Right on time.
13:31What are you doing here, man?
13:38You didn't even know her.
13:41Did, too.
13:42We talked.
13:45Once.
13:46She was nice to me.
13:50Three vigils he's attended.
13:53It's either morbid curiosity, guilty conscience, or...
13:58Or maybe he's getting off on it.
14:01Mr. Menzer, you may inquire, sir.
14:20Detective Levine, you've been involved in this case from the very beginning, right?
14:24Yes.
14:25November 17th, you were actually at the scene where Angela's body was found.
14:29That's true.
14:29This was a rape and a murder investigation to you from the very beginning, right?
14:33That's correct.
14:34So you started to investigate by speaking to classmates.
14:38Yes.
14:38And those classmates told you things about Angela that you thought would be helpful in your investigation.
14:43Yes.
14:44And you also, at some point, found out that Jeffrey Deskovic was a person of interest, I believe you said.
14:50Yes, he was.
14:51So he became a suspect within the first three weeks.
14:55Is that right?
14:56True.
14:56So, December 12th, does that date stand out for you for any reason?
15:00That's the first day we interviewed him.
15:02You took him back to the precinct.
15:04Yep.
15:04And you and Detective McIntyre proceeded to interrogate him for three hours.
15:09Yes.
15:10And you wanted to close this case by getting a confession out of Jeffrey Deskovic, right?
15:15Of course.
15:16Have a seat, Mr. Deskovic.
15:17Thanks for agreeing to leave school and talk to us today.
15:23Sure.
15:24I definitely don't mind missing history class.
15:27Well, we could really use your help here solving this murder.
15:31Like a junior detective or something?
15:34Exactly.
15:36And since you went to all the vigils and memorial services, maybe you heard something from one of your classmates that could help us.
15:44Yeah, let me think about that.
15:48Would you say Angela was sexually active?
15:52Well, I don't really know.
15:58To be honest, she and I didn't talk about anything like that.
16:02What did you talk about?
16:06We didn't really talk much.
16:09But you wanted to talk to her, right?
16:11I mean, yeah.
16:14She was really nice.
16:16And she was hot, too.
16:17Am I right?
16:19Who wouldn't want to get with her?
16:20I never really...
16:21She turned you down, didn't she?
16:23She never noticed you at all, right?
16:26I mean, that must have made you mad.
16:28No.
16:30No, she was always...
16:31As a matter of fact, she didn't care if you lived or died.
16:33Isn't that right?
16:34You're a red-blooded male, Jeff.
16:36Who would have blamed you?
16:37She had it coming.
16:38What?
16:40No.
16:40I'm going to level with you, Mr. Deskavik.
16:43We like you for the murder of Angela Correa.
16:47I would never...
16:48The day after the murder, you show up late for school.
16:51You go to all the vigils, all the memorials,
16:54despite you saying that you never really talk that much.
16:58On top of that, all your classmates,
17:01they peg you with some kind of a loner.
17:03You fit the profile to a T.
17:06I thought you guys wanted my help.
17:08I would never touch her.
17:11I was late, because I overslept,
17:13and I missed the bus.
17:15Hey, well done.
17:27We had to make sure you were clean
17:28before activating you as our new junior detective.
17:33Oh, you guys really had me going.
17:37Good job, kid.
17:40Welcome to the team, Jeff.
17:45You tried different techniques.
17:47We did.
17:47You tried to make him appear as though
17:50he was helpful to the investigation, right?
17:53Yes.
17:53You tried to let him get his guard down.
17:55Yeah.
17:56Then you started playing good cop, bad cop on him?
17:58Yes.
17:59You were the bad cop?
18:00Yes.
18:01And you were accusing Jeffrey
18:04of being responsible for the murder, right?
18:06Yes.
18:07And Detective McIntyre would step forward and say,
18:10calm down.
18:11You're doing good, son.
18:12You're doing fine, right?
18:14Yes.
18:14Ask him his theories of the case?
18:16Yes.
18:17And at some point,
18:18you detectives brought this boy to the crime scene?
18:22Yes, we did.
18:25This is where it all went down, Jeff.
18:27I can't believe it's been almost two months.
18:32It feels like yesterday, you know?
18:34I'm going to be straight with you, kid.
18:37The press is still all over us on this.
18:39The mayor's going crazy.
18:41The governor himself is threatening to bring in the feds,
18:44which we do not want, okay?
18:46We need to close this case.
18:48That's why we brought you here, okay?
18:51Can you help us, buddy?
18:53Yeah, of course.
18:55I mean, what do you think happened here?
18:57Well,
18:58from, uh,
19:01what those crime scene photos you showed me look like,
19:06the killer probably
19:07hit her from behind.
19:11Probably knocked her unconscious after that.
19:13Then he tears off her
19:15her eye and underwear and
19:17you know.
19:21How come she doesn't hear or see him
19:24before he strikes?
19:25She was probably focused on shooting her pictures.
19:32I mean, you remember the camera near her hand, right?
19:35I remember when I was doing that assignment.
19:38I was worried about the exposure,
19:41the shutter angle, focus,
19:43all that stuff that we were taught.
19:46I wouldn't have heard an elephant about to step on me.
19:49Sounds like you were that kid.
19:52We've been talking about this case for so long.
19:55I almost feel like I was.
19:58Does that ever happen to you guys, too?
20:01Yeah.
20:03We usually try to put ourselves in the mind of the killer.
20:06Why don't you try that by
20:08sketching out what you think happened?
20:10It would help us a lot.
20:11Yeah, yeah, sure.
20:25Oh, look, it's
20:26Jeremy, our CSI guy.
20:28And I think he's got pizza.
20:30All right.
20:31You guys are awesome.
20:33Jeremy just needs to get a quick blood sample from you.
20:37Blood sample?
20:39Why?
20:39It's standard procedure.
20:42Anyone we involve in an investigation like this
20:44has to give a DNA sample,
20:46just to eliminate them.
20:48Okay, but my mom told me
20:50not to do anything like that without a lawyer.
20:53You have nothing to worry about.
20:55You didn't do it.
20:56Right?
20:57No, no.
20:59Look, DNA, then pizza.
21:00Sound good?
21:05Yeah.
21:06Okay.
21:06All right.
21:07I'll take that.
21:08We were hoping that a visit to the crime scene
21:11very often,
21:13the suspect will suddenly,
21:15something will trigger
21:15and they'll reveal the fact that
21:17they couldn't have known before.
21:19Come on, detective.
21:20You wanted him to know more details of the crime scene
21:23so it would enhance a confession
21:24if you were to get one.
21:26Isn't that true?
21:26That was not our intention.
21:29And then finally,
21:30you asked him if he would submit to a polygraph exam.
21:32Yes.
21:33And he said yes.
21:34Yes.
21:35So you set up the polygraph test for January 25th.
21:39Yes.
21:39So you set it up on a day
21:41where you guys were ready for the polygraph exam, right?
21:46Mm-hmm.
21:46But you didn't tell or give forewarning
21:49to Jeffrey that this was going to occur
21:51on January 25th, did you?
21:53Correct.
21:54And you drove him to the office of Daniel Stevens.
21:57Yes.
21:58Daniel Stevens, you know, to be a polygraph expert.
22:02That's true.
22:03But really, you know Daniel Stevens to be an expert
22:05at getting people to confess to crimes.
22:08That's his reputation.
22:09Detective, you were not going to stop harassing this boy
22:14until you got what you wanted, right?
22:16Captain, argumentative.
22:17Sustained.
22:18No more questions.
22:21Witnesses excused.
22:22Thank you very much, sir.
22:24Putnam County law enforcement was running out of time.
22:28The political pressure to solve Angela Correa's murder
22:31was getting more intense by the day.
22:33They now had their prime suspect's DNA,
22:36fellow student Jeffrey Deskovic.
22:38But before getting the results to see
22:40if it matched the murder victims,
22:42they wanted to close the case.
22:45And for that, they needed a confession.
22:48So they enlisted a police officer in a neighboring city
22:51posing as a polygraph expert.
22:54They plucked Jeffrey out of school
22:55without telling his parents and strapped him in.
23:04Where am I?
23:05I want to go home.
23:08My mom told me not to go far.
23:10We can't wait for DNA results.
23:12What if they point the wrong way?
23:14Don't worry about it.
23:15This guy's a cop.
23:17He specializes in getting confessions.
23:19Should I shoot this?
23:21Huh.
23:22From what I know about his methods,
23:25better not.
23:26Okay.
23:30Now, Jeffrey.
23:32Jeffrey?
23:33Hi.
23:34Okay.
23:35This is a polygraph machine, okay?
23:37It's going to tell me when you're lying.
23:40So as long as you just tell me the truth,
23:43you're going to get out of here real quick.
23:44Okay?
23:46Okay.
23:46Okay.
23:47Okay, great.
23:48It is 9.13 a.m. on January 25th.
23:55Now, let's start out easy.
23:58What's your name, son?
24:00Jeff Deskovic.
24:03Good.
24:05No, that's very good.
24:06You see how easy that is to just tell the truth?
24:10So, let's talk about what you did on November 15th.
24:14Did you go into the woods?
24:17No.
24:19Hmm.
24:20That's a...
24:21That's a lie.
24:24Did you see or talk to Angela Correa?
24:27No.
24:29That's another lie.
24:32Did you attack her?
24:34No.
24:35I...
24:35I wasn't even there.
24:37Once again, a lie.
24:39Did you hit her with a rock?
24:41I didn't do it.
24:44Lie.
24:45Did you rape Angela Correa?
24:47No.
24:48And that is a lie.
24:49Jeff, you're lying to me.
24:52This machine is 100% accurate
24:54and is telling me that you are a lying murderer.
24:56It's wrong.
24:58Where's Detective Tom?
24:59No.
24:59He knows I'm not...
25:00No, no, Tom.
25:01I'm not lying.
25:01There is no Detective Tom to save you.
25:03This machine is the only thing that is going to save you.
25:06And right now, this machine is telling me,
25:09young man,
25:09that you are a liar.
25:13No.
25:14Why can't I leave?
25:28Here's the situation, Jeff.
25:29If I submit this polygraph test to the DA,
25:33he is going to prosecute you for rape and murder.
25:37Oh.
25:37Okay?
25:38Who?
25:39He is.
25:40Your only hope,
25:41and I keep trying to make you understand this,
25:44is to tell the truth.
25:46If you confess,
25:49then the DA can reduce your sentence.
25:51Okay?
25:51He might not even prosecute you
25:53because you're a 16-year-old kid.
25:54But I didn't do those things.
25:58Again, look at this.
26:00You're lying.
26:02You're lying.
26:03This is science.
26:04Okay?
26:04Science doesn't lie.
26:06It is you who lies.
26:08Maybe it's broken then.
26:09No.
26:09It is not broken.
26:11What it is,
26:11it's telling me
26:12that you raped and murdered Angela Correa.
26:15That's what it's doing.
26:17Cool.
26:19Okay.
26:20You know what?
26:21I am taking a lunch break.
26:25Yep.
26:27And you,
26:28you get one more chance to come clean.
26:32Can I get some food?
26:36And I'm thirsty.
26:37All I have is this coffee.
26:41If you want some food and some drink,
26:45I will give you all you want.
26:50Just tell the truth, kid.
26:51I love you.
27:03Look, Jeff,
27:05it's time for the truth here.
27:09What if
27:10you actually did this,
27:15but then you've just blocked it out?
27:18Is that possible?
27:19What do you think?
27:20I don't know.
27:24Maybe.
27:26Well, look at this.
27:28Look at this.
27:31Finally,
27:32the machine is telling me
27:33that you're
27:35being truthful.
27:38Huh?
27:39Congratulations.
27:42So I can leave now?
27:44Almost.
27:44Almost.
27:45Okay.
27:47Almost.
27:47I'm going to have Detective Tom come in here.
27:49He's going to wrap this up,
27:50ask you a few more questions.
27:53And if you answer truthfully,
27:56he's going to be able to take you home.
27:58Call Detective Stevens of Putnam County.
28:06You may inquire, Mr. Beckham.
28:08Thank you, Your Honor.
28:09Detective Stevens,
28:10tell the jury, if you would,
28:11what your current profession
28:12or occupation is.
28:13Uh, I am a detective
28:16with the Putnam County Police Department
28:17as well as a polygraph examiner.
28:19Now, on January 25th,
28:22did you administer
28:23a polygraph to the defendant
28:25in this case?
28:26I did.
28:27And tell me,
28:28did Mr. Deskovic
28:30voluntarily submit
28:33to the poly?
28:34Yes, he did.
28:35What's the basis
28:36for that statement?
28:37Uh, I was informed
28:38by Detectives Levine
28:39and McIntyre
28:40that he had agreed
28:41to take the polygraph.
28:43Was he free to leave
28:44at any time?
28:45Yes.
28:47And when you administer
28:49a poly,
28:50are you allowed
28:51to tell the suspect
28:52that he's failing
28:54the test?
28:55Yes.
28:55Are you allowed
28:56to lie to the suspect?
28:58Yes.
28:58Is that a violation
28:59of your department policy?
29:00It is not.
29:01Is that illegal in any way?
29:03It is not.
29:03Did you record
29:04your interrogation?
29:06I did not.
29:07Is there a requirement
29:08that you record?
29:10It is not a requirement, no.
29:11No further questions?
29:13You may inquire.
29:14Detective,
29:14you first started working
29:15on this case
29:16after you got a call
29:17from the Peekskill
29:19Police Department,
29:20correct?
29:20Correct.
29:20And they wrote you
29:21a letter specifically
29:22telling you
29:23that they had
29:24a lack of physical evidence,
29:26a lack of witnesses,
29:28or investigative leads,
29:30right?
29:31Yes.
29:32But they still wanted you
29:33to help in getting
29:34a confession
29:35out of the person
29:36that they believed
29:37to be guilty, right?
29:38Yes.
29:38But this particular day,
29:41you weren't testing
29:42a person to see
29:43if he was telling
29:44the truth or not,
29:45right?
29:45No.
29:45Your goal
29:46was something else,
29:47and that was to get
29:48a confession from him.
29:49That is correct.
29:50Whether or not
29:51he was guilty.
29:52Now, you particularly
29:54were proud of the fact
29:55that you had a knack
29:56for getting confessions
29:58from suspects, right?
30:00I have a certain reputation
30:01that I am proud of, yes.
30:03And, Detective,
30:04did I understand this correctly
30:05on direct examination
30:06when Mr. Backman
30:08asked you
30:08whether you fed this boy
30:10during the six-plus hours
30:12that he was strapped
30:13to that machine
30:14in your office?
30:15You said no?
30:16I did say no.
30:17He didn't ask for anything.
30:18You ate, didn't you?
30:19I did.
30:20But you didn't offer
30:21the boy who strapped
30:22in the machine
30:22during six hours
30:23any food?
30:24No.
30:24Again, as I said,
30:25he did not request any food.
30:29Did you want to weaken him
30:30to make it more likely
30:31that he would confess?
30:32No, I don't think
30:33that's a fair characterization,
30:35Counselor.
30:35But you did give him coffee.
30:37He asked for coffee.
30:38I gave him coffee.
30:39Did you want him
30:40to be nervous
30:41so he might be
30:42more prone to confess?
30:43Again, I don't agree
30:44with that characterization.
30:45Well, did you think
30:46about it, sir?
30:47Whether or not
30:48he'd get nervous
30:48with coffee?
30:49Yeah.
30:51Maybe.
30:52Okay.
30:53You're, of course,
30:55concerned about
30:56the effect
30:56that your interrogation
30:58techniques will have
30:59on the suspect himself,
31:00right?
31:00No.
31:01You don't care at all?
31:02The technique's purpose
31:03was to get a confession.
31:05That was my job.
31:06And you don't care
31:06if he feels coerced at all?
31:08As long as I'm
31:09within the law
31:10and within the procedures
31:10of my department.
31:12That's what my job is.
31:13But during that entire
31:15time that you
31:17were interrogating him,
31:19you never heard him
31:20confess to anything,
31:21right?
31:21Yes.
31:22Thank you, detective.
31:23I'm done, judge.
31:24Witness is excused.
31:26Mr. Backman,
31:27who's your next witness, sir?
31:28Detective McIntyre,
31:30your honor.
31:32You may inquire, sir.
31:33Detective McIntyre,
31:34if you would,
31:35can you explain
31:36to the jury
31:36your current
31:37profession or occupation?
31:38Detective
31:39for Peekskill Homicide.
31:41And detective,
31:41were you in fact
31:42investigating
31:43the rape and the murder
31:44of a 15-year-old girl,
31:46Angela Correa?
31:47Yes, sir.
31:48And did the focus
31:50at some point
31:51land on the defendant
31:53to my left?
31:54Yes, sir.
31:55And why did the focus
31:57of suspicion
31:58fall on Deskovic
31:59over here?
32:00Well, about eight days
32:02after we found her,
32:03we sought counsel
32:04from a specialist
32:06over at New York
32:07Police Department.
32:08He was part
32:09of the criminal
32:10assessment
32:11and profiling unit
32:12and he gave us
32:13a profile
32:14of who the killer
32:16might be.
32:17And did that profile
32:18match characteristics
32:20that were consistent
32:21with what the defendant
32:23had?
32:23Yes, sir.
32:24And what kind
32:24of characteristics
32:25matched?
32:26The first characteristic
32:27was most likely
32:29under 19,
32:295'10 or shorter.
32:31Also had a loner type
32:33and, you know,
32:35some violent tendencies.
32:37Now, did you
32:38and your partner
32:38play good cop,
32:39bad cop with the defendant?
32:40Yes, sir.
32:41And did you befriend
32:42the defendant
32:43in this case?
32:43Yes, sir.
32:44And you did that
32:45in the hopes
32:46that you would
32:47develop evidence
32:48or possibly a confession.
32:50Is that right?
32:51Yes, sir.
32:53And tell me,
32:54were you present
32:55during the interrogation
32:57and polygraph examination
32:59by Stevens in this case?
33:01Yes, sir.
33:02And at some point
33:03in time,
33:03were you brought in
33:05to conduct
33:05the remaining portion
33:07of the defendant's
33:09interrogation?
33:10Yes, I did.
33:11And you were brought in
33:12for what reason, sir?
33:13To have him
33:14talk to me.
33:15Like I said,
33:16I utilized my trust
33:17and my relationship
33:17with him.
33:18And were you able
33:19to get a confession?
33:21Yes, sir.
33:21Hey, Jeff.
33:37I'm so proud of you, man.
33:40We're almost out of here.
33:42And we'll go get some pizza.
33:44Whatever you want.
33:45Okay.
33:48I'm really hungry.
33:51So,
33:53did you go to the woods
33:56on November 15th?
33:57Yes.
34:02Perfect.
34:05And did you hit
34:06Angela Correa
34:06with a bottle?
34:10Yes.
34:11You're doing so great.
34:14Almost there.
34:15Almost there.
34:19Did you rape her?
34:21Oh, yes.
34:27That's right.
34:35And did you choke her
34:36until she stopped breathing?
34:37Yes.
34:44It's okay.
34:45Stand up.
34:45Stand up.
34:46I got you.
34:46There you go.
34:50There you go.
34:52Thank you, Jeffrey.
34:59Thank you for telling me
35:00the truth.
35:04And tell me,
35:05did you believe
35:06you had your man
35:07after getting the details
35:10from Deskovic?
35:12100% yes.
35:13No further questions.
35:15You may inquire.
35:16Detective,
35:17you were involved
35:17in this investigation
35:18from the very beginning,
35:20November 17th,
35:21weren't you?
35:21Yes, sir.
35:22And right off the bat,
35:23you had developed
35:24no leads,
35:24no suspects
35:25in the first two weeks,
35:26right?
35:27No.
35:27That's why you went
35:28to the criminal profiler.
35:30Is that right?
35:30That's correct.
35:31And he told you
35:32it was likely
35:32a young child
35:33under 25 years old,
35:35someone who knew
35:35the victim?
35:37Yes, sir.
35:37One of the other things
35:38in that profile
35:39was that the perpetrator
35:40had likely
35:41had a violent past.
35:43Correct.
35:43But you knew
35:44that Jeffrey Deskovic
35:45had no violent past,
35:46right?
35:47Correct.
35:48But nonetheless,
35:50he became a suspect
35:51to you
35:52because he was
35:54a loner,
35:55socially awkward,
35:56and he showed up
35:57late for school
35:58the next day
35:59after she was killed,
36:00and three,
36:01because he was emotional
36:03at her services,
36:04correct?
36:05Correct.
36:05You did a little
36:07good cop-bad cop,
36:08which you thought
36:09might work on him,
36:10but he still insisted
36:11he didn't do it.
36:11You buddied up to him,
36:13correct?
36:13Yes, sir.
36:14And when it was all done,
36:15he still wouldn't confess,
36:17right?
36:17Yes, sir.
36:18So you set up
36:19the polygraph machine
36:20for January 25th.
36:22Yes, sir.
36:22And you were his ride,
36:24right?
36:24Yes.
36:25This 16-year-old
36:26didn't have another ride
36:27to get back out of there
36:28other than you.
36:29That's correct.
36:30And that lasted
36:32at least six hours.
36:34Yes, sir.
36:34And six hours
36:35of no one
36:36offering him
36:37a way home,
36:38right?
36:38Yes, sir.
36:39Now, after repeatedly
36:40denying that he had
36:42anything to do
36:43with this crime,
36:44you heard Detective
36:45Stevens say
36:47he wanted to see you.
36:49Yes, sir.
36:50And then you came
36:51into the room.
36:51Yes, sir.
36:52You were the friendly
36:53detective.
36:54Yes, sir.
36:55The good cop.
36:55And you told Jeffrey,
36:57look, I am here
36:59to protect you.
37:00Yes, sir.
37:00But you have
37:01to help me.
37:02You have to talk
37:03to me.
37:03Yes, sir.
37:03You have to confess
37:05to this crime.
37:06Yes, sir.
37:07And if you do that,
37:08you can go home.
37:09Yes, sir.
37:10So after you told him
37:12that he could go home
37:13if he confessed to you,
37:14he starts sobbing.
37:15Yes, sir.
37:15He's so emotional
37:16that he drops to the floor.
37:18He curls up
37:19in a fetal position,
37:20right?
37:21Yes, sir.
37:21And he confesses to you.
37:23Yes, sir.
37:24Now, when you're
37:24taking a confession
37:26or a statement
37:26from a suspect,
37:28you like to be sure
37:30that it is
37:31a voluntary statement,
37:32right?
37:33It cannot be the product
37:34of police coercion,
37:35right?
37:36Yes, sir.
37:36Now, when you say
37:38you picked up
37:39a child from school,
37:40took him to another town,
37:42interrogated him
37:43for seven hours
37:44until he's a sobbing mess
37:45on the floor
37:46in a fetal position,
37:48you call that voluntary?
37:49I believe so, sir.
37:53I have no more questions.
37:54Witnesses excused.
37:57Counsel ready
37:58for closing arguments?
37:59Yes, Your Honor.
38:00Mr. Mensah.
38:02Thank you, Your Honor.
38:03When Angela Correa
38:04was brutally murdered
38:05in the town of Peekskill,
38:07the job of solving
38:08the case fell
38:09on three Peekskill
38:11police detectives
38:12who were clearly
38:13not up to the job.
38:15Without any suspects,
38:16they chose the suspect
38:17basically at random.
38:18And when I say
38:19basically at random,
38:20I mean because he happens
38:21to be a loner
38:22or socially awkward
38:23as a high school kid
38:24and happens to have shown
38:26some sympathy
38:27to his fallen classmate
38:29who had been murdered
38:30in a violent way
38:31that made him the suspect.
38:33It didn't matter
38:33that from the beginning
38:34there was nothing
38:35about this boy
38:36that seemed like a murderer.
38:37No violent record,
38:38no history of sexual aggression,
38:40nothing at all,
38:41no connection
38:42with Angela at all.
38:44Didn't matter
38:44because all they needed
38:46was a confession.
38:47And they set about
38:48to get that confession
38:49from him.
38:49And that's when they
38:50pulled out
38:51their final trick
38:52which was the polygraph exam.
38:54And it wasn't
38:55a polygraph exam,
38:55let's be honest.
38:56This exam,
38:57it was designed
38:58to get a confession
38:59from a 16-year-old boy.
39:02And then finally,
39:03it worked.
39:04And the way it worked,
39:05Detective McIntyre
39:06gave him the way out.
39:09That way out was
39:10confess and you go home.
39:13What do you think he did?
39:14So what happened
39:15after he confessed
39:16on January 25th?
39:18Ah, the scientific evidence
39:19comes in.
39:20The hair removed
39:22from the leg of Angela.
39:23Not only did it
39:24not come from Jeffrey,
39:26but it came from
39:27someone of another race.
39:28The DNA of the semen
39:30removed from her
39:31excluded this boy
39:33as a supplier of it.
39:35This boy's innocent.
39:36That's how anybody else
39:39would have taken it.
39:40But not this prosecution.
39:42Today, this nightmare
39:44has to come to an end
39:45because he is innocent.
39:48Thank you, Counselor.
39:49Mr. Backman.
39:51All right, ladies and gentlemen
39:52of the jury,
39:52let's look at the objective
39:54evidence in this case.
39:56What did the officers
39:57focus their suspicion on?
39:59One, the defendant
40:00in this case
40:01had opportunity,
40:03he had the means to kill,
40:05and he had the motive to kill.
40:07So in looking at this
40:08through the lens of hindsight,
40:10don't you believe
40:11the police had a good faith,
40:13reason to focus
40:14their suspicion
40:15on Deskovic?
40:17Absolutely.
40:18You know, there's an old saying
40:20in criminal law,
40:21if you don't have the facts,
40:23argue nonsense.
40:25And that's what the defense
40:26is doing in this case.
40:28The defense is engaging
40:30in smoke and mirrors.
40:33What they want to do
40:34is they want to mislead you
40:36from the objective evidence
40:38in this case.
40:38And he wants you to believe
40:41the officers engaged
40:42in improper tactics.
40:44Again, smoke and mirrors
40:46because that's all he's got.
40:48He's got to reconcile
40:49the fact
40:50that his client
40:51sitting over there
40:52confessed with details
40:55as to the killing,
40:57the assault.
40:58He knew these details
41:00not because the police
41:01shared the details
41:03with the defendant.
41:04He knew the details
41:05because this kid
41:07is the killer
41:09of a 15-year-old girl.
41:11And we have proven
41:12this case
41:13beyond a reasonable doubt.
41:14I ask you to return
41:15with a verdict of guilty
41:17in this case.
41:18Thank you, Mr. Beckman.
41:21Members of the jury,
41:22you have now heard
41:23all of the evidence
41:24and you are charged
41:26with the obligation
41:27to consider all
41:28that you've heard
41:29and to determine
41:30whether the people
41:30have established
41:31beyond a reasonable doubt
41:33that the accused
41:34is guilty of murder
41:36and rape.
41:37Jury will now retire
41:38to deliberate.
41:45Court come to order.
41:47Your Honorable Judge
41:48Judy Scheinling presiding.
41:51Kevin, may I have
41:51the verdict, please?
41:56Mr. Deskvick,
41:57will you please rise?
41:58On count one
42:03of the indictment
42:04that is rape
42:05in the first degree,
42:06the jury finds you guilty, sir.
42:08On count two
42:10of the indictment,
42:11murder in the second degree,
42:13the jury finds you
42:14guilty as charged
42:16in the indictment.
42:17Do you wish
42:18to make a statement
42:19before the court
42:21imposes sentence?
42:22Yes, Your Honor.
42:23First, I would
42:25like to thank
42:26my family
42:27and my attorney
42:29for standing by me
42:31through this
42:31terrible time.
42:33It sank in.
42:34I would like to say
42:34that I've already
42:36lost over
42:37a year of my life.
42:39There's something
42:40I didn't do
42:40and I'm about to lose
42:42so much more time
42:43and I didn't do
42:45anything.
42:46I will be back
42:47on appeal.
42:48I will be free.
42:51Mr. Deskvick,
42:52you may very well
42:53be innocent
42:54of this crime
42:55but the jury
42:56in this case
42:57has spoken
42:58and they have
42:58evaluated the evidence
42:59and you have been
43:00found guilty as charged.
43:02Maximum sentence
43:03that I can impose
43:04is 25 years to life.
43:06I choose, however,
43:07to impose
43:08the lesser sentence
43:09of 15 years to life.
43:10You are remanded
43:12to the Commissioner
43:13of Corrections
43:14to begin that sentence.
43:15Thank you, counsel.
43:16Thank you, members
43:17of the jury.
43:22By the way,
43:24those words I said
43:25to Jeffrey
43:26are exactly
43:26what the real judge
43:27said to him
43:28at his sentencing.
43:30Nevertheless,
43:31his guilty verdict
43:32was upheld on appeal.
43:34The court relied
43:35on the detective's testimony
43:36about how the confession
43:37was obtained.
43:39Remember,
43:40the confession
43:41wasn't recorded.
43:44Jeffrey went to prison
43:45for 16 years.
43:47Ready to throw your shoe
43:48at the TV yet?
43:49All I can say is
43:51that wasn't
43:52the end of the story.
43:54Be sure to watch
43:55our next episode
43:56for the shocking conclusion.
43:58The End of Crime
44:07The End of Crime
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43:51
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