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During Lengthy Cross-Examination, Lead Detective on Marcelo Lucero Case Stands by Testimony

UPDATED- 4/6/10, 6:45pm

During a cross-examination that stretched from yesterday afternoon through the entire day today, Det. John McLeer repeatedly testified that Marcelo Lucero was the victim of an attack, and not an even-footed brawl participant, as questions by defense attorney William Keahon might have suggested.

In my post this afternoon, I noted how Keahon badgered McLeer as to whether Lucero was defending himself, as McLeer testified, or chasing his attackers, as Keahon suggested. McLeer emphatically said that he believed Lucero was defending himself.

“I have never described this incident as a fight where Marcelo Lucero is willingly fighting this group,” McLeer told Keahon during questioning. “And neither did your client.”

Assistant district attorney Megan O’Donnell reiterated this point during one of several redirect examinations, asking McCleer whether the alleged attackers had ever claimed that they were chased by Lucero:

“Did any of the defendants ever tell you personally or ever tell anyone that the young men had turned their backs to run away?” O’Donnell asked.

“No,” McLeer replied.

Overall, the afternoon cross-examination focused on the veracity of Conroy’s written statement, and whether it conflicted with statements by other defendants in the attack (You can view some of the written statements, including Conroy’s here).

Keahon also questioned McLeer about the phone call that Conroy made to his parents, and then to a lawyer, which happened around 1:30pm on November 9, roughly 13 hours after Conroy had been taken into custody.

Earlier today, McLeer had said that the physical evidence in the case suggested that Lucero had been punched once and stabbed, but not punched repeatedly or kicked. In the afternoon, Keahon asked McLeer if one punch could be considered a “beating,” as the attack is referred to on one legal form that Conroy signed while in custody.

“My testimony is that when six or seven men surround two, although he’s only punched once—from the physical evidence—that’s a beating,” McLeer said.

Today’s testimony ended around 5:30pm or so, and it was unclear whether McLeer was completely finished on the stand or whether they would continue tomorrow (Admittedly, I didn’t wait around to find out…I’ll check Newsday in a few hours and update you) .

After the jury was dismissed, O’Donnell asked Judge Doyle if they could conference about a “character witness,” presumably someone who Keahon wants to call to the stand tomorrow.

**After today’s testimony, I learned that the prosecution will rest tomorrow and that Keahon intends to call a few witnesses to testify.

Tags : det. john mcleer, hate crimes, jeffrey conroy, marcelo lucero, suffolk

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