Lessons Not Learned - The Innocence Project

During the course of the two month-long police investigation, the police interviewed
numerous classmates of Deskovic’s and Angela’s at Peekskill High School and learned that
Deskovic was allegedly absent from school at the Medical Examiner’s estimated time of her
death (3:30-4:30pm on Nov. 15), had attended all 3 wakes for Angela and had been observed
distraught and crying over her death. Freddy Claxton, a classmate presumed to be “Freddy”, had
an alibi.
From December 12 until Deskovic’s arrest on January 25, 1990, numerous encounters
occurred between various Detectives and Deskovic, especially Detective Thomas McIntyre
and David Levine, the lead detectives in the case. Some were initiated by the police, some by
Deskovic. Deskovic was Mirandized on most occasions. Deskovic asked the police not to tell
his mother and, despite his age, 16, they never contacted her at any point in the investigation.
They continued their contact with Deskovic, even after Deskovic’s mother made clear she did
not want Deskovic talking to the police and, had attempted unsuccessfully to hire an attorney to
represent him.
Ultimately Detective McIntyre asked Deskovic to take a polygraph examination.
Deskovic said he would think about it and continued to conduct his own “investigation,” eager to
share his notes with the police, including various “revelations” about the crime and crime scenes
which included drawing an accurate diagram of the crime scene. He also gave a blood sample to
the police (January 10, 1990), after being told by Det. Levine that this would resolve whether he
had been involved in the crime or not.
During the various times the police questioned Deskovic, most importantly on January 10
and January 25, a tape recorder was available. On January 10, 35 minutes of a four hour session
with Detective Levine and Lieutenant Tumulo were recorded, Levine having turned the tape on
and off 3 times. The January 25 session, summarized below, was not recorded at all.
On January 25, Deskovic voluntarily submitted to a polygraph, as requested by the police.
He arrived at police headquarters alone at about 9:30am, without either a lawyer, his mother, a
friend or family member. He was driven to Brewster, N.Y. by Detectives McIntyre and Levine.
The polygraph was administered by police investigator Stephens. Deskovic was questioned
sporadically until 5pm, at which time Deskovic asked for Det. McIntyre, after being informed he
had failed the exam. Deskovic “confessed” to McIntyre that he killed Angela, fell on the floor
in a fetal position, where McIntyre physically comforted him by holding Deskovic’s head on his
lap and rubbing his back. During the course of eliciting “background” information, Stephens
learned that Deskovic “sometimes hears voices and they make me to things I shouldn’t.” The
entire day’s session was not tape recorded.
During the course of the investigation, swabbings of Correa’s vaginal cavity had revealed
seminal fluid and intact spermatozoa. In January, 1990, the fluid was sent to the FBI laboratory
for DNA analysis and compared with the sample of Deskovic’s blood. On March 2, the police
were informed that Deskovic had been conclusively excluded as the source of the seminal fluid
found inside Angela. No action was taken by the police as a result. No physical evidence
or eyewitness testimony was found to connect Deskovic to Angela’s rape and murder. The
84 THe InnoCenCe PRoJeCT