Petitioner was held in a small room at the brewster

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Petitioner was held in a small room at the Brewster station for at least six hours straight. He was provided with coffee throughout the day, but had not eaten since before 9:30 a.m. (Tr. at 757-58, 959, 1051, 1087-88, 1251, 1256-57.) During that time, in 6 According to a December 12, 1989, police report signed by Detective McIntyre, Petitioner was asked if he would take a polygraph test and Petitioner refused, saying that he did not trust them. City of Peekskill, New York, Police Department, Complaint Follow-Up, Complaint No. 14023, dated Dec. 12, 1989, at 2 (on file with counsel). 12
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between polygraph sessions, Detective McIntyre spent approximately forty-five to fifty minutes with Petitioner, asking him pointed questions. (Tr. at 1044-47.) 35. Petitioner told Detective McIntyre that he did not think that he had done well on the test, and McIntyre agreed with Petitioner’s assessment, telling Petitioner that several weeks prior he had become convinced of Petitioner’s guilt based on the details he provided to the police. (Tr. at 1181-83.) Detective McIntyre later testified that Petitioner expressed agreement, saying that he had “realized” three weeks ago that he might be the responsible party. (Tr. at 1183.) Between 6:00 p.m. and 7:00 p.m., Petitioner was finally given food. (Tr. at 868, 1183-84.) 36. When asked to state what he had done, Petitioner used the third person to describe the acts committed by the perpetrator, as he had done since their first encounter on December 12, 1989. (Tr. at 1184-85.) In the middle of that statement, however, Petitioner shifted his narrative into the first person, i.e., “I lost my temper.” (Tr. at 1185, 1259.) Petitioner stated that he had hit the victim over the head with a Gatorade bottle, then chased her down the path and tackled her. (Tr. at 1185.) Petitioner said that the victim started scratching him. (Tr. at 1185.) Shortly thereafter, Petitioner started “sobbing, crying” and said that he had his hand over her mouth, perhaps for a little too long, and that he had torn off the victim’s bra. (Tr. at 765-66, 1185.) Detective McIntyre told the jury that Petitioner, crying very heavily, said: Please don’t make me say any more. I don’t want to think about what else I did up there…No one will understand. They won’t believe me like you do. They won’t understand that I didn’t mean to do this. I just couldn’t stop it. How can I face the kids at school? They’ll know that I sometimes do things that I can’t control. (Tr. at 1185-86.) 13
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37. Detective McIntyre left the room and Lieutenant Tumolo and Investigator Stephens entered and asked Petitioner to repeat what he had just said. (Tr. at 1186.) Petitioner repeated that he did not want to say any more and then fell to the ground, where he curled into the fetal position, sobbing under the desk. (Tr. 1188, 1262.) 38. Petitioner was immediately placed under arrest for Ms. Correa’s rape and murder.
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