Detective quizzed about tactics during interview of police officer over Kenny Lazo's in-custody death

A Suffolk homicide detective acknowledged Tuesday in Central Islip federal court that he let a police officer sit in on his interrogation of another cop over the in-custody death of Kenny Lazo.

Det. Patrick Portela testified that he permitted officer Joseph Link, who had also been involved in Lazo’s arrest, to be in the room during his questioning of officer William Judge because Link was a police union representative.

But an attorney for Lazo’s family challenged Portela, saying what he had done was a direct violation of department guidelines to “locate, identify and isolate” witnesses to prevent them from hearing each other's versions of events.

Fred Brewington, who is representing Lazo's family in their multimillion-dollar wrongful death lawsuit against Suffolk County, has been attempting to poke holes in the police account of Lazo's fatal cardiac arrest while in custody on the night of April 12, 2008, after an altercation with officers. Brewington has contended that the police investigation into the 25-year-old Bay Shore resident's death was shoddy.

When Brewington asked Portela in court which police department guideline he failed to follow, Portela responded, “I didn’t separate them."

Later, under cross examination, Portela said he thought it was appropriate to allow Link in the room because he "was not involved at all in the struggle" in which police subdued Lazo. Instead, Link only transported Lazo from the site of the altercation to the Third Precinct in Bay Shore.

An attorney for the county, Marc Lindemann, has produced documents showing what he says illustrates the police conducted a thorough investigation.

Lazo’s family is seeking $55 million in damages and $100 million in punitive damages.

The case presents an unusual inside look at alleged police brutality cases in Suffolk County because most get settled out of court before reaching trial.

Lazo was stopped by police on an entrance ramp to Southern State Parkway in Bay Shore after officers witnessed a drug deal, police said. Lazo fought back as officers attempted to take him into custody, according to police. He tried to flee and grabbed for an officer’s gun. According to testimony, police hit Lazo with a flashlight to subdue him.

His family contends police should have taken him to the hospital immediately for treatment. Instead, they took Lazo to the Third Precinct in Bay Shore, where he was later found unconscious in a cell. Lazo was transported to South Side Hospital, where he was pronounced dead.

An autopsy conducted by the Suffolk County medical examiner determined that Lazo died from cardiac arrest “following exertion associated with physical altercation with multiple blunt impacts.” It also concluded that obesity was a factor in his death.

Police contend there is no way they could have known Lazo was going to suffer cardiac arrest after he sustained what a former Suffolk medical examiner testified were superficial abrasions and bruises treatable with Band-Aids and bandages.

During his direct examination of Portela, Lindemann showed him a sworn statement from one witness who stated that she saw Lazo “walking slowly on his own power” into the precinct as two officers escorted him.

Lesley Brewster, who was under arrest herself and in custody at the precinct that night, said in her statement that Lazo was moving his head “side to side … I thought this guy was crazy, the way he was moving.”

She then described a chaotic scene where “a bunch” of officers were running through the precinct, presumably to the room where Lazo had been found unconscious.

Portela also testified that the Third Precinct had cameras inside and out, but none recorded anything.

On Tuesday afternoon, testimony concluded, meaning closing arguments were expected to start on Wednesday. One juror will be dropping out because, he told United States Magistrate Judge Steven L. Tiscione, he has a nonrefundable airplane ticket to visit his parents in Florida, with the flight leaving Thursday.