Judge tosses videotaped confession in murder case

A Nassau judge has thrown out a key piece of evidence in the case against murder suspect Caleb Lacey: A videotape that prosecutors say shows him confessing to setting the fire that killed four of his neighbors.

The video is the first one taken by police as part of a new department rule requiring them to film all interrogations in homicide and serious robbery cases.

Nassau County Court Judge Jerald Carter ruled that the eight-hour video cannot be played at trial because the sound quality is so poor. While the detective interviewing Lacey was often audible in the portion played in court Monday, Lacey's voice was mostly too low and garbled.

Police said the videotaping system used during the March 20 interrogation was new, and they had multiple technical problems. The problems have since been solved, said Lt. Kevin Smith, a spokesman for Nassau police Commissioner Lawrence Mulvey.

A spokesman for the district attorney's office said the recording problems were fixed soon after Lacey's interview, and he doesn't expect video quality to be an issue in other cases.

Det. Sgt. Richard Laursen testified Monday that in the first months that the police videotaped interviews, there were many technical problems. The hidden mic in the Lacey interview was too weak to pick up his soft voice and was placed behind his shoulder, he said.

Police say Lacey, 19, a volunteer firefighter, doused his neighbor's staircase in gasoline, then lit it and drove to the Lawrence-Cedarhurst firehouse to await the 911 call. The Feb. 19 fire in Lawrence killed Morena Vanegas, 46; her son, Saul Preza, 19; and Morena and Edit Vanegas' two daughters, Andrea, 10, and Susanna, 9.

Lacey has pleaded not guilty to second-degree murder and arson charges.

Prosecutor Michael Canty conceded in court that the videotape is "the best evidence" police and prosecutors have. But authorities have said there is ample other evidence, including surveillance video showing Lacey's car near the Lawrence fire and gasoline found in the lining of his fire pants.

Police did not take a written confession from Lacey.

"Even without the videotape, this is a very strong murder case," said Eric Phillips, a spokesman for Nassau District Attorney Kathleen Rice.

Defense attorney William Petrillo of Rockville Centre, who is not associated with the case, said, "While it may not end the case, it's one less piece of evidence to corroborate what the detectives are claiming. The DA will now have to rely upon the strength of the remaining case."

Poor sound quality may not have been the only problem with Lacey's confession. At one point in the interview, he can be heard saying, "I plead the Fifth. I plead the Fifth," referring to his Fifth Amendment right to not incriminate himself. The detective, Carl Re, leaves the room, comes back and continues questioning him.

Lacey's invocation of his Fifth Amendment right could be one factor Carter considers as he decides whether to let Re testify at trial about Lacey's statements.

America Chávez, Morena Vanegas' sister, said she was devastated to learn in court Monday that the video would not be admitted. "I don't even know what to think now," she said. "I'm praying to God that justice be done, but sometimes you don't even know who to trust."

Lacey's lawyer, Chris Cassar of Huntington, said not using the videotape "creates a major problem" for the prosecution.

Rule change in police videotaping questioning

Early this year, Nassau Police began videotaping all interrogations in homicide and serious robbery cases from beginning to end.

Police and prosecutors said the videotapes would be useful tools at trial, and that they would help protect police against false allegations that they denied them their rights.

Defense lawyers embraced the new policy, saying that it would protect their clients from coerced confessions and police abuse.