10 28 petitioner was then questioned again at police

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28. Petitioner was then questioned again at police headquarters about his theories as to how the crime might have occurred. (Tr. at 1094, 1096-98, 1219, 1223-24.) At approximately 10:00 p.m., when Petitioner made it clear to the detectives that his theories were speculative and based on his own “opinions,” Detective Levine drove him home. (Tr. at 720, 857, 1169, 1224, 1226-12, 1233.) 29. On January 11, 1990, Lieutenant Tumolo of the Peekskill Police Department transmitted two vaginal swabs containing spermatozoa as well as dried blood samples from the Petitioner and from the victim to the F.B.I. for DNA analysis. (Tr. at 414-16.) In a cover letter enclosing the samples, Lt. Tumolo requested “whatever priority [the F.B.I.] could provide in expediting [the] case” because of the “enormity of media attention [and] fear throughout” Peekskill and the “stark viciousness of the crime and possibility of this being a serial murder .” (emphasis supplied). See Letter from Lieutenant E. Tumolo, Peekskill Police Department, to Evidence Control Center, F.B.I. Laboratory, of 1/11/1990 at 2 (“Cover letter to F.B.I.”) (annexed hereto as Exhibit A). The letter also made clear the Police Department’s view that any DNA results obtained would be dispositive of the perpetrator’s identity, to wit: “We anticipate the DNA developed from analyzing the semen evidence will match that from Deskovic’s blood; hence either incriminating or exonerating him in this matter. Id. 30. On January 23, 1990, Petitioner visited Detective Levine at police headquarters to show him the key that Petitioner stated that he found on the macadam path leading to Hillcrest Park. Petitioner told police that he believed that the key had belonged to the victim. (Tr. at 1170-71, 1174.) Detective Levine asked Petitioner again whether he would 11
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submit to a polygraph test, “because he kept coming in with more information,” and Petitioner said he would think about it. (Tr. at 1174.) 31. Petitioner returned to the police station on January 24, 1990, at about 8:00 p.m. and told Detective Levine that he wanted to take a polygraph test. (Tr. at 742-43, 857- 58.) 6 Detective Levine told Petitioner to arrive at police headquarters at 9:30 a.m. the following day to do so. (Tr. at 744, 752-53.) 32. Petitioner arrived at the Peekskill police station at 9:30 a.m. on January 25, 1990. (Tr. at 745-47, 863-64.) Ten minutes later, Detectives Levine and McIntyre and Lieutenant Tumolo left the Peekskill station with Petitioner to travel to Putnam County, an hour away, for the polygraph examination. (Tr. at 754-55.) At around 11:00 a.m., they arrived at a law firm/real estate office in Brewster, New York, where Investigator Daniel Stephens was to conduct the polygraph (Tr. at 754-55, 949.) 33. Detectives Levine and McIntyre and Lieutenant Tumolo waited in a room fifteen to twenty feet from where Investigator Stephens, an officer with the Brewster police department (in plain clothes), was conducting the polygraph and, through electronic equipment, listened to the examination as it was being conducted. (Tr. at 755-56, 760-62, 868-69, 955, 1036-37, 1069, 1178.) Stephens had previously been instructed by Peekskill detectives to “get the confession.” (Tr. at 1034-35.) 34.
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