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Justice On Trial Season 1 Episode 3
Transcript
00:30Help!
00:31Help!
00:32Help!
00:33Help!
00:35Help!
00:36Help!
00:38Help!
00:41Dad I hate you!
00:42Dad I hate 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 talked 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.
02:40Usually, 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.
03:27Oh, my God.
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's dating, you might know.
04:08Not 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 maybe you think could have held a grudge?
04:28Not really.
04:32But there is one kid who's kind of off.
04:38And 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.
04:50Kind of a guy you wonder what he does when nobody's watching.
04:57What's his name?
04:59Jeff Deskovic.
05:00From that day forward, Putnam County law enforcement zeroed in on 15-year-old Jeffrey Deskovic.
05:21Months later, they tried him for Angela Correa's rape and murder.
05:27As you watch the detective's testimony, you'll see how they put together their case.
05:33We'll show you how they interacted with Jeffrey along the way, according to what Jeffrey recalls happened.
05:39You'll notice it won't always jibe with what the detective's version of the events are.
05:45It's up to you to decide who and what to believe.
05:51Counsel, note your appearance, please.
05:53Morning, Your Honor.
05:53Larry Backman on behalf of the people of the state of New York.
05:56Morning, Judge Dan Mentzer for the defendant, Jeffrey Deskovic.
06:00Members of the jury, the defendant, Jeffrey Deskovic, is charged with the rape and murder of a 15-year-old schoolmate.
06:08As you will hear, the primary evidence of the people is the alleged confession he made to the police.
06:14In order to convict the defendant, you must find that the statement was voluntarily made by the defendant beyond a reasonable doubt.
06:22You must find that taken together, all of the evidence proves that Jeffrey Deskovic raped 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.
06:35Good morning, everyone.
06:37As the court indicated, I am the prosecutor in this case.
06:42I represent the people of the state of New York.
06:44In this matter, the people will prove beyond a reasonable doubt that the defendant brutally beat, raped, and murdered a 15-year-old young girl.
06:56At the end of this case, I'm going to ask you to return with a verdict of first-degree rape, second-degree murder, based on the fact that the people have proven this case beyond a reasonable doubt.
07:10Mr. Mentzer.
07:11Thank you, Your Honor.
07:11Let me be perfectly clear.
07:14Jeffrey Deskovic did not rape or kill Angela Correa.
07:19That's not just my opinion.
07:20That's a scientific fact.
07:22Because one thing Mr. Backman did not tell you is about the scientific evidence in this case.
07:28But rather than wait for that evidence to come back, the police picked a suspect.
07:33This 16-year-old boy, Jeffrey Deskovic, they chose based on really no evidence, based on the fact that he was a shy and socially awkward child.
07:44And they persisted in interrogating him and badgering him for six weeks to get him to confess to a crime he didn't commit.
07:51And yet for six weeks, he said, I didn't do it.
07:55So did that end the nightmare for Jeffrey Deskovic?
07:58No.
07:59No, it didn't.
08:01That 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?
08:19Raise your hand, please.
08:20You 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 your current profession or occupation, if you would.
08:29A Westchester County deputy medical examiner.
08:32Turning your attention, sir, back to November 17th of last year, were you called to a crime scene involving a 15-year-old victim named Angela Correa?
08:41Yes.
08:47This is as bad as it gets, boss.
08:48Blunt force trauma to the head.
08:51Look at your marks on her neck.
08:53Could have died from either.
09:00We're gonna have to do a rape kit.
09:02Yeah, I figured.
09:05This doesn't happen here.
09:08Press is gonna have a field day.
09:11It's already happening, boss.
09:13The news started running stuff three hours after our estimated time of death.
09:17We need to get justice for this girl.
09:20And we need to get it quick.
09:21I take it, sir, that at some point in time, you conducted an autopsy of the victim.
09:28Correct.
09:28And did you recover any fluids from the victim's body?
09:32Uh, yes.
09:33From where?
09:34Semen was recovered from the vaginal area.
09:36And the semen sample was sent to the FBI lab for analysis.
09:41Is that right?
09:41Correct.
09:42And that was to be compared to a blood draw taken 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 indicating whether or not this was a DNA match to the defendant's blood?
09:57Yes.
09:58And what was that result?
09:59It was negative.
10:02And that DNA analysis simply excludes the defendant as being the donor of the semen sample, correct?
10:10Yes.
10:10Doesn't exclude him from putting his hands around her neck or using a ligature to kill her, does it?
10:17No.
10:17No further questions.
10:19Mr. Mencer, you 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 had been raped and murdered, right?
10:30Yes.
10:30And one of the things you noticed was that there were hairs found along this girl's legs, correct?
10:36Yes.
10:37And you carefully removed those hairs for testing?
10:40I did.
10:40Then the next time you got involved in this case was sometime after you learned of the results of the testing, correct?
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 Correa.
10:57Yes.
10:57And you can often determine the racial makeup of the donor of that hair, right?
11:02Correct.
11:03And the results you got as to the makeup of the person whose hair that was was that it was an African-American person, right?
11:10That is correct.
11:12You found also that Jeffrey Deskovich was not the source of the semen found in the body of Angela Correa, correct?
11:20Correct.
11:21Now, with respect to the DNA evidence that was found in the semen not matching Jeffrey Deskovich, one explanation was he's innocent, right?
11:31That is one explanation, yes.
11:33Thank you, Judge.
11:34I have no further 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 you found it?
12:16Is the victim partially nude?
12:19Yes.
12:19Her clothes, particularly her torn bra, were found in the vicinity.
12:24And her cassette player was also found in the vicinity.
12:28And that tells me that she never saw what was coming.
12:34And tell me, when you came upon the body, did you ask for the M.E., the medical examiner, to 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 and talk to classmates?
12:51Yes, we did.
12:51We needed to establish the suspect, Lex.
12:54And in terms of focusing on Mr. Deskovic as a potential suspect in this case,
13:02did you have 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.
13:17Must have been a popular girl.
13:20Maybe these kids just need something to care about.
13:24Mac, this is our boy.
13:30Right on time.
13:36What are you doing here, man?
13:38You didn't even know her.
13:41Did, too.
13:42We talked.
13:42Once?
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.
13:59Mr. Mencer, 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.
14:56Um, December 12th, does that date stand out for you for any reason?
15:00It'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.
15:19Thanks 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.
15:44Now, let me think about that.
15:48Would you say Angela was sexually active?
15:52Well, I don't really know.
15:57Well, to 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.
16:08But you wanted to talk to her, right?
16:11I mean, yeah.
16:14She was really nice.
16:15And 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.
16:41I'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, despite you saying that you never really talked that much.
16:58On top of that, all your classmates, they 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, and I missed the bus.
17:25Hey, well done.
17:26We had to make sure you were clean before activating you as our new junior detective.
17:33Oh.
17:35You guys really had me going.
17:38Good 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 he was helpful to the investigation, right?
17:53Yes.
17:53You tried to let him get his guard down.
17:55Then 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 of being responsible for the murder, right?
18:06Yes.
18:07And Detective McIntyre would step forward and say, calm down.
18:11You're doing good, son.
18:12You're doing fine, right?
18:13Yes.
18:14Ask him his theories of the case?
18:16Yes.
18:17And at some point, you detectives brought this boy to the crime scene?
18:22Yes, we did.
18:23This is where it all went down, Jeff.
18:28I 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.
18:36The 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, which 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, from what those crime scene photos you showed me look like,
19:06the killer probably hit her from behind.
19:10Probably knocked her unconscious after that, and then he tears off her bra and underwear and, you know.
19:21How come she doesn't hear or see him before he strikes?
19:29She was probably focused on shooting her pictures.
19:32I mean, you remember the camera near her hand, right?
19:34I remember when I was doing that assignment.
19:38I was worried about the exposure, the shutter angle, focus, all that stuff that we were taught.
19:46I wouldn't have heard an elephant about to step on me.
19:50Sounds like you were that kid.
19:52We've been talking about this case for so long, I almost feel like I was.
19:58Hey, does that ever happen to you guys, too?
19:59Yeah, we usually try to put ourselves in the mind of the killer.
20:06Why don't you try that by sketching out what you think happened?
20:10It would help us a lot.
20:12Yeah, yeah, sure.
20:13Oh, look, it's Jeremy, our CSI guy, and 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?
20:40It's standard procedure.
20:41Anyone we involve in an investigation like this has to give a DNA sample, just to eliminate them.
20:48Okay, but my mom told me not to do anything like that without a lawyer.
20:53You have nothing to worry about.
20:55You didn't do it, right?
20:57No.
20:58No.
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, very often, the suspect will suddenly, something will trigger, and they'll reveal the fact that they couldn't have known before.
21:19Come on, detective.
21:20You wanted him to know more details of the crime scene, so it would enhance a confession if you were to get one.
21:26Isn't that true?
21:26That was not our intention.
21:28And then finally, you 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 where you guys were ready for the polygraph exam, right?
21:46Mm-hmm.
21:46But you didn't tell or give forewarning to Jeffrey that this was going to occur on 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 at getting people to confess to crimes.
22:08That's his reputation.
22:09Detective, you were not going to stop harassing this boy until 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 was getting more intense by the day.
22:33They now had their prime suspect's DNA, fellow student Jeffrey Deskovic.
22:38But before getting the results to see if it matched the murder victims, they wanted to close the case.
22:45And for that, they needed a confession.
22:48So they enlisted a police officer in a neighboring city, posing as a polygraph expert.
22:54They plucked Jeffrey out of school without 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, better 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, you're going to get out of here real quick.
23:44Okay?
23:46Okay.
23:46Okay.
23:47Okay, great.
23:49It is 9.13 a.m. on January 25th.
23:55Now, let's start out easy.
23:59What's your name, son?
24:00Jeff Deskovic.
24:01Good.
24:05No, that's very good.
24:06You see how easy that is to just tell the truth?
24:10So, um, let's talk about what you did on November 15th.
24:15Did 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.
24:30Did 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 and is telling me that you are a lying murderer.
24:57It's wrong.
24:58Where's Detective Tom?
24:59No.
24:59He knows I'm not, I'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, young man, that you are a liar.
25:12Why can't I leave?
25:28Here's the situation, Jeff.
25:29If I submit this polygraph test to the D.A., he is going to prosecute you for rape and murder.
25:37Oh.
25:37Okay?
25:39Who?
25:39He is.
25:40Your only hope, and I keep trying to make you understand this, is to tell the truth.
25:46If you confess, then the D.A. can reduce your sentence.
25:50Okay?
25:51He might not even prosecute you, because you're a 16-year-old kid.
25:55But 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.
26:07Maybe it's broken then.
26:09No.
26:09It is not broken.
26:11What it is, it's telling me that you raped and murdered Angela Correa.
26:15That's what it's doing.
26:19Okay.
26:20You know what?
26:23I am taking a lunch break.
26:25Yep.
26:27And you, you get one more chance to come clean.
26:32Can I get some food?
26:34And I'm thirsty.
26:37All I have is this coffee.
26:41If you want some food and some drink, I will give you all you want.
26:50Just tell the truth, kid.
26:53Yeah.
27:04Look, Jeff, it's time for the truth here.
27:10What if you actually did this, but then you've just blocked it out?
27:18Is that possible?
27:19What do you think?
27:21I don't know.
27:24Maybe.
27:24Well, look at this.
27:29Look at this.
27:31Finally, the machine is telling me that you're being truthful.
27:38Huh?
27:39Congratulations.
27:42So I can leave now?
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.
27:51Ask you a few more questions.
27:52And if you answer truthfully, he's going to be able to take you home.
28:00Call Detective Stevens of Putnam County.
28:06You may inquire, Mr. Beckham.
28:08Thank you, Your Honor.
28:09Detective Stevens, tell the jury, if you would, what your current profession or occupation is.
28:13Uh, I am a detective with the Putnam County Police Department as well as a polygraph examiner.
28:19Now, on January 25th, did you administer a polygraph to the defendant in this case?
28:26I did.
28:27And tell me, did Mr. Deskovic voluntarily submit to the poly?
28:34Yes, he did.
28:35What's the basis for that statement?
28:37Uh, I was informed by Detectives Levine and McIntyre that he had agreed to take the polygraph.
28:43Was he free to leave at any time?
28:45Yes.
28:47And when you administer a poly, are you allowed to tell the suspect that he's failing the test?
28:55Yes.
28:55Are you allowed to lie to the suspect?
28:58Yes.
28:58Is that a violation of your department policy?
29:00It is not.
29:01Is that illegal in any way?
29:03It is not.
29:03Did you record your interrogation?
29:06I did not.
29:07Is there a requirement that you record?
29:10It is not a requirement, no.
29:11No further questions.
29:13You may inquire.
29:14Detective, you first started working on this case after you got a call from the Peekskill Police Department, correct?
29:20Correct.
29:20And they wrote you a letter specifically telling you that they had a lack of physical evidence,
29:26a lack of witnesses, or investigative leads, right?
29:31Yes.
29:31But they still wanted you to help in getting a confession out of the person that they believed to be guilty, right?
29:38Yes.
29:38But this particular day, you weren't testing a person to see if he was telling the truth or not, right?
29:45No.
29:45Your goal was something else, and that was to get a confession from him.
29:49That is correct.
29:50Whether or not he was guilty.
29:51Now, you particularly were proud of the fact that you had a knack for getting confessions from suspects, right?
30:00I have a certain reputation that I am proud of, yes.
30:03And, Detective, did I understand this correctly on direct examination when Mr. Backman asked you whether you fed this boy
30:10during the six-plus hours that he was strapped to that machine in your office?
30:15You said no.
30:16I did say no.
30:17He didn't ask for any.
30:18You ate, didn't you?
30:19I did.
30:20But you didn't offer the boy who strapped in the machine during six hours any food?
30:24No.
30:24Again, as I said, he did not request any food.
30:29Did you want to weaken him to make it more likely that he would confess?
30:32No, I don't think that's a fair characterization, Counselor.
30:35But you did give him coffee.
30:37He asked for coffee.
30:38I gave him coffee.
30:39Did you want him to be nervous so he might be more prone to confess?
30:43Again, I don't agree with that characterization.
30:45Well, did you think about it, sir?
30:47Whether or not he'd get nervous with coffee?
30:49Yeah.
30:51Maybe.
30:52Okay.
30:53You're, of course, concerned about the effect that your interrogation techniques will have on the suspect himself, right?
31:00No.
31:01You don't care at all?
31:02The technique's purpose was to get a confession.
31:05That was my job.
31:06And you don't care if he feels coerced at all?
31:08As long as I'm within the law and within the procedures of my department.
31:12That's what my job is.
31:13But during that entire time that you were interrogating him, you never heard him confess to anything, right?
31:21Yes.
31:22Thank you, Detective.
31:23I'm done, Judge.
31:24Witness is excused.
31:26Mr. Backman, who's your next witness, sir?
31:28Detective McIntyre, Your Honor.
31:32You may inquire, sir.
31:33Detective McIntyre, if you would, can you explain to the jury your current profession or occupation?
31:38Detective for Peekskill Homicide.
31:41And, Detective, were you, in fact, investigating the rape and the murder of a 15-year-old girl, Angela Correa?
31:47Yes, sir.
31:48And did the focus at some point land on the defendant to my left?
31:54Yes, sir.
31:55And why did the focus of suspicion fall on Deskovic over here?
32:00Well, about eight days after we found her, we sought counsel from a specialist over at New York Police Department.
32:08He was part of the criminal assessment and profiling unit, and he gave us a profile of who the killer might be.
32:16And did that profile match characteristics that were consistent with what the defendant had?
32:23Yes, sir.
32:24And what kind of characteristics matched?
32:26The first characteristic was most likely under 19, 5'10", or shorter.
32:31Also had a loner type and, you know, some violent tendencies.
32:37Now, did you and your partner play good cop, bad cop with the defendant?
32:40Yes, sir.
32:41And did you befriend the defendant in this case?
32:43Yes, sir.
32:44And you did that in the hopes that you would develop evidence or possibly a confession, is that right?
32:51Yes, sir.
32:52And tell me, were you present during the interrogation and polygraph examination by Stevens in this case?
33:01Yes, sir.
33:02And at some point in time, were you brought in to conduct the remaining portion of the defendant's interrogation?
33:10Yes, I did.
33:11And you were brought in for what reason, sir?
33:13To have him talk to me.
33:15Like I said, I utilized my trust and my relationship with him.
33:18And were you able to get a confession?
33:20Yes, sir.
33:34Hey, 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.
33:50So, did you go to the woods on November 15th?
33:57Yes.
34:02Perfect.
34:05And did you hit Angela Correa with a bottle?
34:10Yes.
34:11You're doing so great.
34:14Almost there.
34:15Almost there.
34:16Did you rape her?
34:20Yes.
34:27That's right.
34:35And did you choke her until she stopped breathing?
34:37Yes.
34:38It's okay.
34:44It's okay.
34:45Stand up.
34:45Stand up.
34:46I got you.
34:46Come on.
34:48There you go.
34:50There you go.
34:51Come on.
34:52Thank you, Jeffrey.
34:59Thank you for telling me the truth.
35:01And tell me, did you believe you had your man after getting the details from Deskovic?
35:12Uh, 100% yes.
35:13No further questions.
35:15You may inquire.
35:16Detective, you were involved in this investigation from the very beginning, November 17th, weren't you?
35:21Yes, sir.
35:21And right off the bat, you had developed no leads, no suspects in the first two weeks, right?
35:27No.
35:27That's why you went to the criminal profiler.
35:30Is that right?
35:30That's correct.
35:31And he told you it was likely a young child under 25 years old, someone who knew the victim?
35:37Yes, sir.
35:37One of the other things in that profile was that the perpetrator had likely had a violent past.
35:43Correct.
35:43But you knew that Jeffrey Deskovic had no violent past, right?
35:47Correct.
35:48But nonetheless, he became a suspect to you because he was a loner, socially awkward,
35:56and he showed up late for school the next day after she was killed,
36:00and three, because he was emotional at her services, correct?
36:05Correct.
36:06You did a little good cop.
36:08Bad cop, which you thought might work on him, but he still insisted he didn't do it.
36:11You buddied up to him, correct?
36:13Yes, sir.
36:14And when it was all done, he still wouldn't confess, right?
36:17Yes, sir.
36:18So you set up the polygraph machine for January 25th.
36:22Yes, sir.
36:22And you were his ride, right?
36:24Yes.
36:25This 16-year-old didn't have another ride to get back out of there other than you.
36:29That's correct.
36:30And that lasted at least six hours.
36:34Yes, sir.
36:34And six hours of no one offering him a way home, right?
36:38Yes, sir.
36:39Now, after repeatedly denying that he had anything to do with this crime,
36:44you heard Detective Stevens say he wanted to see you.
36:49Yes, sir.
36:50And then you came into the room.
36:51Yes, sir.
36:52You were the friendly detective.
36:54Yes, sir.
36:55The good cop.
36:55And you told Jeffrey, look, I am here to protect you.
37:00Yes, sir.
37:00But you have to help me.
37:02You have to talk to me.
37:03Yes, sir.
37:04You have to confess to this crime.
37:06Yes, sir.
37:07And if you do that, you can go home.
37:09Yes, sir.
37:10So after you told him that he could go home if he confessed to you, he starts sobbing.
37:15Yes, sir.
37:15He's so emotional that he drops to the floor.
37:18He curls up in a fetal position, right?
37:21Yes, sir.
37:21And he confesses to you.
37:23Yes, sir.
37:24Now, when you are taking a confession or a statement from a suspect,
37:28you like to be sure that it is a voluntary statement, right?
37:33It cannot be the product of police coercion, right?
37:35Yes, sir.
37:36Now, when you say you picked up a child from school, took him to another town,
37:42interrogated him for seven hours until he's a sobbing mess on the floor in 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 for closing arguments?
37:59Yes, Your Honor.
38:00Mr. Mensah.
38:02Thank you, Your Honor.
38:03When Angela Correa was brutally murdered in the town of Peekskill,
38:07the job of solving the case fell on three Peekskill police detectives who are clearly not up to the job.
38:15Without any suspects, they chose the suspect basically at random.
38:18And when I say basically at random, I mean because he happens to be a loner or socially awkward as a high school kid
38:24and happens to have shown some sympathy to his fallen classmate who had been murdered in a violent way that made him the suspect.
38:33It didn't matter that from the beginning, there was nothing about this boy that seemed like a murderer.
38:37No violent record, no history of sexual aggression, nothing at all.
38:41No connection with Angela at all.
38:44Didn't matter because all they needed was a confession.
38:47And they set about to get that confession from him.
38:49And that's when they pulled out their final trick, which was the polygraph exam.
38:54And it wasn't a polygraph exam, let's be honest.
38:56This exam, it was designed to get a confession from a 16-year-old boy.
39:02And then finally, it worked.
39:04And the way it worked, Detective McIntyre gave him the way out.
39:09That way out was confess and you go home.
39:13What do you think he did?
39:14So what happened after he confessed on January 25th?
39:17Ah, the scientific evidence comes in.
39:20The hair removed from the leg of Angela.
39:23Not only did it not come from Jeffrey, but it came from someone of another race.
39:28The DNA of the semen removed from her excluded this boy as a supplier of it.
39:35This boy's innocent.
39:36That's how anybody else would have taken it.
39:40But not this prosecution.
39:42Today, this nightmare has to come to an end because he is innocent.
39:48Thank you, counsel.
39:49Mr. Backman.
39:51All right, ladies and gentlemen of the jury.
39:52Let's look at the objective evidence in this case.
39:56What did the officers focus their suspicion on?
39:59One, the defendant in this case had opportunity.
40:03He had the means to kill and he had the motive to kill.
40:07So in looking at this through the lens of hindsight, don't you believe the police had a good faith, reason to focus their suspicion on Deskovic?
40:17Absolutely.
40:18You know, there's an old saying in criminal law.
40:21If you don't have the facts, argue nonsense.
40:25And that's what the defense is doing in this case.
40:28The defense is engaging in smoke and mirrors.
40:33What they want to do is they want to mislead you from the objective evidence in this case.
40:38And he wants you to believe the officers engaged in improper tactics.
40:44Again, smoke and mirrors because that's all he's got.
40:48He's got to reconcile the fact that his client sitting over there confessed with details as to the killing, the assault.
40:58He knew these details, not because the police shared the details with the defendant.
41:04He knew the details because this kid is the killer of a 15-year-old girl.
41:11And we have proven this case beyond a reasonable doubt.
41:14I ask you to return with a verdict of guilty in this case.
41:18Thank you, Mr. Beckman.
41:21Members of the jury, you have now heard all of the evidence.
41:24And you are charged with the obligation to consider all that you've heard and to determine whether the people have established, beyond a reasonable doubt, that the accused is guilty of murder and rape.
41:37The jury will now retire to deliberate.
41:45Court come to order.
41:47The Honorable Judge Judy Scheinling presiding.
41:51Kevin, may I have the verdict, please?
41:54Mr. Deskvick, will you please rise?
42:01On count one of the indictment, that is, rape in the first degree, the jury finds you guilty, sir.
42:08On count two of the indictment, murder in the second degree, the jury finds you guilty as charged in the indictment.
42:17Do you wish to make a statement before the court impose a sentence?
42:22Yes, Your Honor.
42:23First, I would like to thank my family and my attorney for standing by me through this terrible time.
42:33It sank in.
42:34I would like to say that I've already lost over a year of my life.
42:39There's something I didn't do, and I'm about to lose so much more time, and I didn't do anything.
42:45I will be back on appeal.
42:48I will be free.
42:50Mr. Deskvick, you may very well be innocent of this crime, but the jury in this case has spoken and may have evaluated the evidence, and you have been found guilty as charged.
43:01The first maximum sentence that I can impose is 25 years to life.
43:06I choose, however, to impose the lesser sentence of 15 years to life.
43:10You are remanded to the commissioner of corrections to begin that sentence.
43:15Thank you, counsel.
43:16Thank you, members of the jury.
43:17By the way, those words I said to Jeffrey are exactly what the real judge said to him at his sentencing.
43:29Nevertheless, his guilty verdict was upheld on appeal.
43:34The court relied on the detective's testimony about how the confession was obtained.
43:39Remember, the confession wasn't recorded.
43:44Jeffrey went to prison for 16 years.
43:47Ready to throw your shoe at the TV yet?
43:50All I can say is that wasn't the end of the story.
43:54Be sure to watch our next episode for the shocking conclusion.
43:59Be sure to watch our next episode.
44:29Be sure to watch our next episode.