[This is a transcript of the interrogation provided by the defense lawyer, Mark S. DeMarco. It was offered as an exhibit in the trial.]
DECEMBER 31, 2005, 44 POLICE PRECINCT STATIONHOUSE, BRONX, NY
Participants:
Detective Christopher Perino
Erik Crespo
DET PERINO. I KNOW WHAT HAPPENED. THERE'S NO MYSTERY YOU UNDERSTAND ME.
ERIK CRESPO. YEAH.
DET PERINO. BELIEVE IT OR NOT I ALREADY KNOW WHAT HAPPENED OKAY. I DIDN’T HEAR ABOUT IT. I SAW IT OKAY. IT WAS DIGITAL. BELIEVE IT OR NOT IT'S ALL ON TAPE OKAY. PERSONALLY, I’M GOING TO TELL YOU RIGHT OFF THE BAT, I THINK YOU HAVE A GREAT SHOT AT BEATING THIS CASE, YOU KNOW WHY?
ERIK CRESPO. BECAUSE YOU SEEN THE DUDE WALK UP BEHIND ME?
DET PERINO. AH AH AH AH AH. LISTEN TO ME OKAY
ERIK CRESPO. YES
DET PERINO. WAIT UNTIL I’M THROUGH. I PERSONALLY THINK YOU HAVE A GOOD SHOT AT BEATING THIS CASE. YOU GOT NO RECORD, OTHER THAN STUPID LITTLE [EXPLETIVE] IT DOESN’T COUNT. YOU ARE NOT THE AGGRESSOR HERE. YOU GOT IT PLAIN AS CAN BE. ONLY PROBLEM THAT WE HAVE IS THAT YOU HAVE A GUN, AND YOU DO USE IT, OK. HE’S NOT THE NICEST GUY IN THE WORLD ANYWAY. COMPARED TO HIM TO YOU, YOU’RE A CHIOR BOY, COMPARED TO HIM. YOU UNDERSTAND WHAT I MEAN?
ERIK CRESPO. YEAH
DET PERINO. NOW I GOT A FEW THINGS THAT I’M INTERESTED IN AND OTHER THAN THAT I’M DONE WITH YOU. I PROCESS YA . . . I PUT YOU IN, LET THE JUDGE AND THE COURT FIGURE IT OUT AND BOUNCE YOU THE [EXPLETIVE] OUT. ONE, YOU HAD A GUN AND YOU USED IT. THERE'S NOTHING I CAN DO ABOUT THAT. WHAT HAPPENED HAPPENED. TWO, WHERE IS THE GUN? CAUSE THAT’S THE FIRST THING SOMEBODYS GOING TO ASK ME. I KNOW THE LIEUTENENT IS GOING TO SAY, "WHERE IS THE GUN?"
ERIK CRESPO. I DON’T HAVE IT.
DET PERINO. OKAY. WELL, WE'RE GONNA GO OVER THAT, ALRIGHT? WE'LL GO OVER IT. FIRST OF ALL, I DON’T WANT YOU TO LIE.
ERIK CRESPO. I UNDERSTAND.
DET PERINO. IF YOU THINK I’M [EXPLETIVE] YOU, YOU SAY DET. PERINO I DON’T KNOW IF YOU’RE, YOU’RE A YOUNGSTER YOU’RE A LITTLE BIT. HOW OLD ARE YOU?
ERIK CRESPO. SEVENTEEN (17).
DET PERINO. ALRIGHT YOU’RE A YOUNGSTER. YOU WOULDN'T KNOW ME ALRIGHT. MOST PEOPLE WHO DO KNOW ME OKAY, YOU WANT THAT CHAIR?
ERIK CRESPO. YEAH.
DET PERINO. ALRIGHT SWITCH THE CHAIRS RIGHT AWAY, PUT THAT CHAIR BACK IN THERE
ERIK CRESPO. OKAY, RIGHT HERE?
DET PERINO. YEAH, I WANT YOU, I WANT YOU TO MOVE THAT TABLE.
ERIK CRESPO. OVER HERE?
DET PERINO. YOU COULD, YOU COULD SWITCH THE CHAIR IF YOU WANT THAT CHAIR?
ERIK CRESPO. OH YEAH NAAH YEAH.
DET PERINO. YOU WANT THE CHAIR?
ERIK CRESPO. YEAH.
DET PERINO. TAKE YOUR WATER, HOLD YOUR WATER UP. . . PUT IT RIGHT HERE. PUT YOUR CHAIR HERE. PUT THE CHAIR IN THERE GRAB YOUR WATER . . . HOLD ON OKAY.
ERIK CRESPO. YEAH.
DET PERINO. I DON’T WANT YOU TO LIE TO ME, UNDERSTAND ME? IF YOU THINK I’M [EXPLETIVE] ALL YOU HAVE TO SAY IS LISTEN, DET PERINO I THINK YOU’RE FULL OF [EXPLETIVE]. I'LL RESPECT YOU.
ERIK CRESPO. SAME THING TO YOU.
DET PERINO. I'LL TAKE YOU, TAKE MY LAPTOP OUT, I WILL PUT THE LAPTOP ON THIS [EXPLETIVE] TABLE I WILL PUT THE SURVEILLANCE DISK IN AND YOU CAN WATCH YOURSELF GO THROUGH THIS ALL OVER AGAIN. THE REASON WHY YOU SHOULD TELL ME THE TRUTH ABOUT WHAT HAPPENED IS FOR ALL THE REASONS I JUST TOLD YOU. PERSONALLY, I THINK YOU HAVE A GREAT SHOT AT BEATING THIS ENTIRE CASE. EVEN THOUGH YOU DID SOMETHING STUPID. BUT IF YOU DON’T WANT TO TALK TO ME AND GIVE ME A [EXPLETIVE] STATEMENT ABOUT WHAT HAPPENED HERE, THAT’S FINE TOO. BECAUSE I WILL JUST TAKE THAT DISK, I WILL GO TO THE DA'S OFFICE AND PUT IT ON A BIG [EXPLETIVE] SCREEN FOR THE GRAND JURY WITHOUT YOU BEING ABLE TO SAY ANYTHING, THAT’S WHY. FOLLOW WHAT I’M SAYING?
ERIK CRESPO. YEAH.
DET PERINO. AND THEN YOU WOULD TAKE YOUR CHANCE. YOU SEE THE THING WITH THE WITH THE DISK IS IT DOES NOT HAVE ANY AUDIO AND YOU REALLY DON’T KNOW WHAT'S BEING SAID. IT'S JUST GOING BACK AND FORTH BUT YOU DO SEE WHAT HAPPENED.
ERIK CRESPO. DO YOU FEEL LIKE.
DET PERINO. HOLD ON A MINUTE, YOU’RE GOING TO SEE THIS GUY WHOSE PRETTY [EXPLETIVE] UP. HE’S GONNA EVENTUALLY TELL HIS SIDE OF THE STORY. YOU’RE NOT GONNA HAVE A CHANCE TO SAY YOUR HALF OF THE STORY BY THAT TIME. FOLLOW WHAT I’M SAYING?
ERIK CRESPO. AND WHY IS THAT?
DET PERINO. WELL I’M GOING TO TELL YOU RIGHT NOW. THIS IS THE TIME. IF YOU WANT TO TALK TO ME. NOW, I WILL TAKE A WRITTEN STATEMENT FROM YOU. I WILL PUT IT DOWN ON PAPER AND BURN THE [EXPLETIVE] CASE IN A FILE. IF YOU DECIDE THAT YOU DON’T WANT TO TALK TO ME AND YOU WANNA WAIT FOR AN ATTORNEY, THAT’S FINE TOO. THEN YOU DON’T TALK TO ME, AND THEN YOUR ATTORNEY IS GONNA TELL YOU NOT TO TALK TO ME. AND ONLY HE’S GONNA DO THE TALKING. BUT BY THAT TIME I'LL ALREADY GO TO THE GRAND JURY WITH MY LITTLE [EXPLETIVE] DISK, PUT THE TAPE IN AND MAKE THEM WATCH IT THEMSELVES. FOLLOW ME? IT HAS NO SOUND TO IT, THEY ARE ONLY GOING TO SEE YOU PULLING OUT A GUN AND [EXPLETIVE] SHOOTING HIM. YOU UNDERSTAND. THEY'RE NOT GONNA KNOW WHY. THE ONLY THING THEY ARE GONNA SEE IS THAT HE'S KIND OF THE AGGRESSOR. BUT IT DOESN’T MEAN, YOU KNOW, HE CAN TURN THAT [EXPLETIVE] AROUND HIMSELF, YOU FOLLOWING ME?
ERIK CRESPO. I UNDERSTAND.
DET PERINO. BASICALLY, JUST TELL ME WHAT THE [EXPLETIVE] HAPPENED.
ERIK CRESPO. UM, ALSO YOU SAID THAT YOU HAVE A VIDEO. DID YOU SEE THAT HE ALSO PULLS OUT A WEAPON HE HAS ON HIM?
DET PERINO. WHAT KIND OF WEAPON DID HE HAVE ON HIM?
ERIK CRESPO. HE HAS A KNIFE ON HIM.
DET PERINO. OKAY.
ERIK CRESPO. AND HE WAS SAYING, ALRIGHT THIS IS WHAT HAPPENED. IT WAS CHRISTMAS I HAD GOT PICKED UP BY MY MOTHER'S FRIEND WHO DROPPED ME OFF THERE CAUSE MY FRIEND LIVES THERE. SO I’M GOING IN THE ELEVATOR.
DET PERINO. WHO'S YOUR MOTHER'S BOYFRIEND?
ERIK CRESPO. MY MOTHER'S BOYFRIEND? WELL, KIND OF HER EX-BOYFRIEND. HE LIKE DRIVES ME AROUND.
DET PERINO. WHAT'S HIS NAME?
ERIK CRESPO. SOLIE.
DET CRESPO. SOLIE, WHAT?
ERIK CRESPO. SANTIAGO.
DET CRESPO. SOLIE SANTIAGO, OKAY.
ERIK CRESPO. BUT ANYWAY, SO WHEN HE DROPPED ME OFF I WAS WALKING INTO THE BUILDING. AS I WAS WALKING INTO THE BUILDING I TELL MY FRIEND TO BUZZ ME UP. SO BEFORE HE COULD BUZZ ME UP I SEE.
DET PERINO. YOU CALLED HIM ON A NEXTEL?
ERIK CRESPO. I SEE A MAN WALKING IN. SO THE DUDE OPENED THE DOOR AND LIKE I’M WAITING FOR MY FRIEND TO BUZZ ME UP. HE'S LIKE ARE YOU COMING IN? I’M LIKE YEAH, SO HE'S LIKE WELL OPEN THE DOOR, I ALREADY KNEW RIGHT THERE. AH [EXPLETIVE] THIS DUDE'S TRYING TO START SOMETHING WITH ME. SO I OPEN THE DOOR AND AS I’M WALKING IN I GO I’M WALKING TO THE ELEVATOR. YOU COULD SEE IT ON THE CAMERA SO I PRESSED IT AND LIKE I SEE HIM WALKING OUT. HE'S COMING BACK INSIDE. SO I SEE HIM LIKE MAKING FACES LOOKING UP AND DOWN GRILLING ME WHAT NOT AND WHATEVER AND I ALREADY KNOW HE'S GONNA START SOMETHING. HE’S LIKE HE’S LIKE “HEY KID WHO YOU BE?” AND I’M LIKE, “WHAT DO YOU MEAN?” HE’S LIKE, “THIS IS MY HOOD, I WANNA KNOW WHO YOU BE?” I DON’T KNOW WHY HE, I GUESS HE WAS ATTRACTED TO MY JACKET CAUSE IT WAS RED OR SOMETHING SO HE WAS LIKE “I AM BLOOD” THIS AND THAT. HE PULLED OUT HIS FLAG, HIS BEADS WERE OUT AND I’M LIKE “AH [EXPLETIVE] I’M IN TROUBLE HERE.” HE WAS LIKE, “YO, I WANT SOMETHING FROM YOU, IF NOT YOU CANT LEAVE HERE.” SO, I’M LIKE “WHAT DO YOU WANT?” HE’S LIKE “I WANT ANYTHING.” SO I’M LIKE “CAN YOU BE SPECIFIC?” CAUSE I HAD A LOT OF THINGS WITH ME. I HAD A BAG WITH ME, I HAD CLOTHES IN THERE. YOU KNOW I HAD FRESH GEAR ON. IT WAS CHRISTMAS SO THE GUYS LIKE “OH, GIVE ME SOMETHING. IF NOT, YOU NOT LEAVING HERE.” I’M LIKE “AH COME ON, I’M LIKE WHY YOU DOING THIS MISTER,? IT'S CHRISTMAS THINK. I WAS LIKE, “WHY YOU STARTING SOMETHING ON CHRISTMAS? DON’T YOU HAVE FAMILY TO GO TO? I’M JUST HERE I’M NOT BOTHERING NOBODY. I’M JUST COMING HERE IN PEACE.” SO HE’S LIKE “NA NA NA, THIS IS MY HOOD OH I’M GANGSTA THIS AND THAT.” AND I’M LIKE “AH COME ON MAN.” SO HE’S LIKE “IF YOU DON’T GIVE ME SOMETHING, SOMETHINGS GONNA HAPPENED TO YOU.” SO I AM LIKE “WHATS GOING TO HAPPENED TO ME?” HE SAID “YOU WANNA FIND OUT?” SO OUT OF HIS POCKET HE HAD A BLADE ON HIM SO I’M LIKE AH [EXPLETIVE]. SO WHEN HE PULLED OUT THE BLADE I GOT SCARED CAUSE PERSONAL EXPERIENCE, SOME KID BROKE MY JAW BEFORE, I HAD TWO METAL PLATES ON THE LEFT SIDE AND ONE ON THE RIGHT.
DET PERINO. NOBODY BROKE YOUR JAW. THEY KICKED THE LIVING [EXPLETIVE] OUT OF YA.
ERIK CRESPO. THEY HIT ME WITH BRASS KNUCKLES. I’M NOT TRYING TO HEAR THAT AGAIN YOU KNOW? AND I’VE BEEN ROBBED BEFORE AND I HATE TO BE TAKEN AS A SUCKER. SO I PULLED IT OUT AND, HE SAID "WHAT YOU GONNA DO WITH THAT?” I’M LIKE, “I DON’T WANT TO DO NOTHING WITH IT. CAN YOU JUST LEAVE ME ALONE?” AND HE’S LIKE “NOPE.” AND THEN HE PULLED OUT A PHONE AND SAID, “ IF YOU DON’T GIVE ME SOMETHING RIGHT NOW, I’M GONNA START CALLING MY PEOPLES AND YOU GONNA HAVE PROBLEMS.” SO AFTER ABOUT FIVE (5) TO TEN (10) MINUTES I’M PLEADING WITH THE GUY, YOU CAN SEE IT ON THE CAMERA. IT LASTED ABOUT FIVE (5) TO TEN (10) MINUTES. I’M LIKE MISTER “ CAN YOU JUST LEAVE?” I’M EVEN CALLING HIM MISTER. HE’S NOT THAT OLD COMPARED TO ME. SO I WAS TALKING TO HIM AND HE WAS LIKE “ YOU BETTER GIVE ME SOMETHING RIGHT NOW OR WE GONNA HAVE PROBLEMS.” SO, HE TRIES TO COME IN THE ELEVATOR. SO I PUSHED HIM OUT. THEN AFTER THAT HE GOT TYPE MAD. SO AFTER THAT HE STARTS TO APPROACH ME AGAIN SO I GOT NERVOUS, YOU KNOW.
DET PERINO. I’M LISTENING.
ERIK CRESPO. THAT’S IT.
DET PERINO. NO, NO GO ON. YOU WERE IN GREAT DETAIL TILL THIS POINT. YOU CROSSED THE [EXPLETIVE] LINE. WE ALL KNOW WHAT YOU WERE GONNA SAY SO JUST SAY IT.
ERIK CRESPO. YOU SEEN IT ON THE CAMERA.
DET PERINO. SO GO ON.
ERIK CRESPO. AND THAT’S IT.
DET PERINO. WHAT DO YOU MEAN THAT’S IT? YOU PULLED OUT A GUN, DIDN’T YOU?
ERIK CRESPO. UM HUM.
DET PERINO. DON’T FOLD UP ON ME. TELL ME GO ON, I SAID WE WERE GONNA STAY WITH EACH OTHER, RIGHT?
ERIK CRESPO. WE'RE STAYING WITH EACHOTHER. I’M TELLING YOU STRAIGHT UP.
DET PERINO. WHAT HAPPENED THEN IN GREAT DETAIL. TELL ME, WHAT HAPPENED? IT'S NO SECRET ERIK.
ERIK CRESPO. I KNOW.
DET PERINO. IT’S NO SECRET.
ERIK CRESPO. HE WENT DOWN.
DET PERINO. WHY DID YOU SHOOT AT HIM?
ERIK CRESPO. I GOT REALLY NERVIOUS, I WAS AFRAID TO GET STABBED AND ROBBED.
DET PERINO. WERE YOU TRYING TO KILL HIM?
ERIK CRESPO. NO.
DET PERINO. WHAT WERE YOU TRYING TO DO?
ERIK CRESPO. GET AWAY FROM THERE AS SOON AS POSSIBLE.
DET PERINO. RIGHT.
ERIK CRESPO. I AIMED AT HIM.
DET PERINO. WHAT DID YOU AIM AT?
ERIK CRESPO. I DON’T KNOW I CLOSED MY EYES.
DET PERINO. OKAY, FAIR ENOUGH ANSWER, AND THEN WHAT HAPPENED?
ERIK CRESPO. AFTER THAT I WENT UPSTAIRS.
DET PERINO. OKAY, AND WHERE DID YOU GO?
ERIK CRESPO. TO MY FRIEND'S HOUSE.
DET PERINO. WHOSE HOUSE?
ERIK CRESPO. SOMEONE WHO LIVES ON THE THIRD (3RD) FLOOR.
DET PERINO. WHAT'S HIS NAME?
ERIK CRESPO. HENNY AND THAT’S IT FROM THERE.
DET PERINO. WHERE DID YOU GET THE GUN?
ERIK CRESPO. I GOT IT OFF THE STREETS.
DET PERINO. WHAT DID YOU DO WITH THE GUN?
ERIK CRESPO. I THREW IT AWAY.
DET PERINO. WHERE DID YOU THROW IT? BECAUSE I’M GONNA GO LOOKING FOR IT.
ERIK CRESPO. I GAVE IT TO SOMEBODY. THEY THREW IT AWAY.
DET PERINO. WHO DID YOU GIVE IT TO?
ERIK CRESPO. SOMEBODY.
DET PERINO. BE STRAIGHT UP WITH ME. LET ME ASK YOU THIS?
ERIK CRESPO. YEAH.
DET PERINO. WHEN WE FIRST STARTED TALKING YOU TOLD ME ABOUT SOLIE. I TOLD YOU “THERES SOMETHING ABOUT THIS [EXPLETIVE] GUY“, WHEN YOU TOLD ME ABOUT YOUR MOM'S BOYFRIEND OR EX-BOYFRIEND.
ERIK CRESPO. EX.
DET PERINO. IS THIS THE RETIRED DETECTIVE ONE OR IS THIS SOMEBODY ELSE OR IS THIS THE OTHER GUY?
ERIK CRESPO. YOU MEAN THE ONE THAT DROPPED ME OFF?
DET PERINO. YEAH, THE ONE THAT DROPPED YOU OFF.
ERIK CRESPO. YEAH.
DET PERINO. OK, THAT’S TWO (2). THAT’S THREE (3) THINGS I TOLD YOU ABOUT YOUR PERSONAL LIFE THAT I KNOW. SHOULD I KEEP GOING ON? I KNOW YOU RIGHT NOW BETTER THAN YOU KNOW YOU.
ERIK CRESPO. I UNDERSTAND. YOU’RE A DETECTIVE.
DET PERINO. I DON’T ASK QUESTIONS I DON’T HAVE THE ANSWERS TO ALREADY, YOU FOLLOWING ME?
ERIK CRESPO. YES.
DET PERINO. SO JUST ANSWER THE QUESTION, ALRIGHT, I TOLD YOU BE STRAIGHT UP WITH ME.
ERIK CRESPO. I’M BEING REAL WITH YOU.
DET PERINO. OKAY, WHERE DID YOU GET THE GUN?
ERIK CRESPO. I GOT IT OFF THE STREET.
DET PERINO. WHO DID YOU GET IT FROM?
ERIK CRESPO. SOME GUY.
DET PERINO. WHAT GUY?
ERIK CRESPO. I DON’T REALLY KNOW HIM, I JUST BOUGHT IT.
DET PERINO. WHERE?
ERIK CRESPO. AROUND PARKCHESTER.
DET PERINO. WHY YOU CARRYING A GUN WITH YOU?
ERIK CRESPO. BECAUSE OF WHAT HAPPENED TO ME BEFORE, SOME KIDS BROKE MY JAW. I JUST HAD IT AROUND FOR PROTECTION.
DET PERINO. OKAY, HOW MUCH DID YOU PAY FOR THE GUN?
ERIK CRESPO. A BUCK FIFTY.
DET PERINO. A BUCK FIFTY?
ERIK CRESPO. YEAH.
DET PERINO. WHAT KIND OF GUN WAS IT?
ERIK CRESPO. UM, IT WAS A LITTLE NINE.
DET PERINO. A LITTLE NINE?
ERIK CRESPO. YEAH.
DET PERINO. LIKE WHAT KIND OF LITTLE NINE?
ERIK CRESPO. IT WAS SMALL. IT WAS A NINE UM LIKE THAT.
DET PERINO. OKAY, NOW WHAT DID YOU DO WITH THE GUN? WHY YOU CARRYING A GUN AROUND THERE ANYWAY?
ERIK CRESPO. AROUND THERE?
DET PERINO. YEAH.
ERIK CRESPO. CAUSE IT WAS, I WAS GOING TO MY FRIEND'S HOUSE AND IT’S A BAD NEIGHBORHOOD.
DET PERINO. RIGHT.
ERIK CRESPO. AND UM LIKE I TOLD YOU I WAS SCARED LIKE TO GET ROBBED AGAIN.
DET PERINO. DID YOU EVER GET ROBBED IN THAT NEIGHBORHOOD BEFORE?
ERIK CRESPO NO, I ONLY GO THERE TO SEE MY FRIEND THAT’S IT.
DET PERINO. OKAY.
ERIK CRESPO. I DON’T GO OUTSIDE. I JUST MIND MY BUSINESS. THAT’S ALL. I STAY TO MYSELF.