Petitioner denied involvement in the rape and murder

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Petitioner denied involvement in the rape and murder of the victim. (Tr. at 1159.) Detective McIntyre told Petitioner that he did not believe him, but Petitioner continued to assert his innocence. (Tr. at 1209.) Around 11:00 a.m., Detective McIntyre asked if Petitioner would submit to a polygraph examination, and Petitioner said no, because he did not trust polygraph examinations. (Tr. at 1210.) Petitioner then left the police station. (Tr. at 1160.) 25. The next contact Petitioner had with the Peekskill police was on January 9, 1990. (Tr. at 811.) Petitioner was standing across the street from the police station around midnight at a bus stop, and Detective Levine initiated conversation with him. (Tr. at 811- 12.) Petitioner inquired as to the progress of the investigation, and Detective Levine responded that it was going “okay.” (Tr. at 812.) Petitioner told Levine that he had been conducting his own investigation and had various notes that he wanted to share with the police to aid in the official investigation. (Tr. at 813-14.) Detective Levine, who at that time already viewed Petitioner as a suspect, suggested that he provide a blood sample so 9
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that the police could establish “if he was involved or not” in the rape and murder. (Tr. at 815.) If so, Petitioner could continue to aid the police investigation. (Tr. at 814-816.) Petitioner agreed to come to the station the following day. (Tr. at 817.) 26. On January 10, 1990, Petitioner arrived at the police station a few minutes before 4:00 p.m. to meet with Detective Levine. (Tr. at 817-18.) He gave Detective Levine typed notes that he had made regarding the investigation and his thoughts regarding potential suspects and friends of Shariff Goodson, another high school student whom Petitioner believed to be the actual perpetrator of the crime. (Tr. at 828-32.) Two vials of Petitioner’s blood were collected by Dr. McGurty sometime after 5:00 p.m. and were first placed in a locked refrigerator before being transferred to the Westchester County Crime Laboratory in Valhalla the following day. (Tr. at 242-43, 272-73, 706-07, 843-44.) Petitioner told Detective Levine that he had visited the scene the night before and then was given a pad and encouraged to draw two diagrams of the scene. 5 (Tr. at 692-97, 839- 42.) 27. Detective Levine showed Petitioner’s diagrams to Detective McIntyre, who asked Petitioner if he would go with them to the scene to point out what he had drawn. (Tr. at 1161, 1216-17.) Around 8:00 p.m., a group of detectives traveled to the scene of the crime with Petitioner. Petitioner pointed to the areas he believed relevant to the crime, identifying them, for example, as “I believe that’s where the body may have been found, maybe covered up with leaves.” (Tr. at 1162.) 5 The Innocence Project does not have the final transcript for the proceedings which occurred on November 28, 1990. The version these cites are taken from is paginated as 1 – 1999, rather than sequentially with the rest of the transcript. Based on the official transcript in possession of the Innocence Project from the following day of the trial (November 29, 1990) which begins at Tr. 883, the numbers should correspond to official transcript pages 684 – Tr. 882.
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