Full opinion text
OPINION AND ORDER KORMAN, District Judge. I. INTRODUCTION On April 20,1979, John Pius, Jr. (“Pius”), a thirteen-year-old resident of Smithtown, New York, was murdered. Approximately seven months later, petitioner Michael Quartararo and his brother, Peter, were indicted and charged with Pius’ murder. Petitioner and his brother were jointly tried, and following a six-week jury trial in the Suffolk County Court, both defendants were convicted of two counts of murder in the second degree, intentional murder in violation of Penal Law § 125.25[1] and murder resulting from a depraved indifference to human life in violation of Penal Law § 125.25[2]. Petitioner, who was fourteen years old when the offense was committed, was sentenced to two concurrent terms of incarceration of nine years to life. The Appellate Division of the Supreme Court unanimously affirmed petitioner’s conviction. People v. Quartararo, 113 A.D.2d 845, 493 N.Y.S.2d 511 (2d Dep’t 1985). Chief Judge Wachtler denied leave to appeal to the New York Court of Appeals on December 18, 1985. People v. Quartararo, 66 N.Y.2d 1042, 499 N.Y.S.2d 1040, 489 N.E.2d 1312 (1985). Petitioner then filed this petition for a writ of habeas corpus. Petitioner asserts five grounds for relief: (1) ineffective assistance of counsel; (2) denial of his motion for severance; (3) the insufficiency of the evidence; (4) prejudicial pretrial publicity; and (5) prosecutorial misconduct. Because the record plainly demonstrates that petitioner was deprived of the effective assistance of counsel and the petition must be granted for this reason, it is unnecessary to address the other issues raised by petitioner. The determination whether petitioner has been deprived of the effective assistance of counsel is not made in the abstract, but “in light of all the circumstances” and “on the facts of the particular ease, viewed as of the time of [the challenged] conduct.” Strickland v. Washington, 466 U.S. 668, 690, 104 S.Ct. 2052, 2066, 80 L.Ed.2d 674 (1984). Similarly, the determination whether petitioner has made the requisite showing of prejudice is based on “the totality of the evidence before the judge or jury” because “[s]ome errors will have had a pervasive effect ... and some will have had an isolated, trivial effect” and because the resulting prejudice, if any, necessarily depends on the strength of the prosecution’s case. Id. at 695-96, 104 S.Ct. at 2068-69. Accordingly, in order to assess whether petitioner was denied his Sixth Amendment right to counsel, a comprehensive review of the entire trial as it unfolded is necessary. II. THE TRIAL A. The Opening Statements 1. The Prosecution The prosecution’s opening statement was delivered by Assistant District Attorney Thomas Spota (“Spota”), without objection from either petitioner’s or co-defendant’s counsel. Spota outlined the case in the following manner (T. 23-26): Ladies and gentlemen of the jury, the testimony that you will hear, is almost unmatched in the annals for the viciousness and senselessness of this particular crime. It involves the brutal death of a thirteen year old boy, who fought desperately for his life, but was overpowered by four teenagers who beat him, stomped him, and shoved rocks down his throat into his mouth, forcing them down his throat into his airway, until his airway was completely blocked and he was unable to breathe any longer. You may be asking yourselves why anyone would kill a young boy in such a horrible manner. The explanation given by one of the killers, Peter Quartararo, was that it was over a five dollar piece of junk, a motorless minibike. The explanation given by one of the other defendants, in this particular case, Michael Quartararo, was that the defendants were high and they were on drugs and were drunk. Ladies and gentlemen of the jury, John Pius was a thirteen year old boy, the only child of Barbara and John Pius. He was an athlete, who particularly loved lacrosse and who particularly loved football. The Pius family was a close family. They resided over on Franklin Drive, in Smithtown. John, at the time of his death, attended the Nesaquake School. On Friday, April 20, 1979, John Pius was off from school, at their inter-term recess. He went on a bike trip with some friends to Stony Brook Harbor. They made plans to go fishing the following morning. In the afternoon, they played basketball. On his way home from the basketball game, his bike developed a flat tire. John and his father worked on the bike in the garage, and in doing so, were taking the rear tire off. The gear and rear derailer became misaligned. At about eight-fifteen or so that night, Jphn told his father that he thought he had fixed everything, that he was taking the bike for a test ride over to the Dogwood Elementary School. John told his father that he thought that one of his best friends, Eddy Pembroke, might be at the school, since they were building a tree fort in the woods, adjacent to the school. The testimony will show you, members of the jury, on his way to the school, young John Pius met four people; two of them are the defendants in this case; the other two are parties by the name of Thomas Ryan and Robert Brensic. Ryan and Brensic, and these two defendants, had just left the Dogwood Elementary School, after stealing a minibike from the Point of Woods development, and they were in the process of putting the minibike in Ryan’s car. Words passed between John Pius and one of the defendants, and Pius continued to the school. The defendants, Ryan and Brensic, took the minibike over to the Quartararo house, put it in the garage, and decided they would go back to find John Pius to tell him to keep his mouth shut about what he had witnessed. You will hear that they did find Johnny, alone at the side of the school, and after telling John Pius to shut his mouth, a fight ensued on the side of the school. The four managed to beat Johnny to the ground, and with Peter Quartararo holding John’s mouth open, they rammed stones down his throat, suffocating him. The testimony will show that they then dragged him, carried him, and alternately dragged him again, across a piece of asphalt pavement, to a ballfield and, finally, to the back woods of the Dogwood Elementary School. They hid John’s body by covering it with leaves, and two logs. You will hear, while all of this was going on, his parents, John and Barbara Pius, were waiting at home for John to return. Spota then told the jury that Peter Quar-tararo had confessed and had implicated himself and petitioner (T. 32, 33). Spota also told the jury that petitioner’s father did not believe petitioner’s denial of the crime or his brother’s recantation of his earlier confession (T. 34). Spota, continuing without objection, told the jury that lie detector tests were administered to both defendants at their father’s request and that the results were then given to their father, who then asked Peter to “restate what he considered to be the truth in this case, so that there would be cooperation by these defendants” (T. 34). Spota also informed the jury that Peter told the police that “he would go back to his original version of what had occurred” if petitioner first told the police what happened (T. 35). The only allusion to admissible evidence against petitioner was contained in the following few sentences of Spota’s opening statement (T. 35): You will hear testimony ... from friends and acquaintances of Peter and Michael Quartararo ... one or two of whom are very close friends of the Quartararos ... how Michael Quartararo, in particular, and Peter Quartararo, detailed to them how, in fact, yes, they had killed John Pius, and the manner in which it was done. 2. The Defense Spota’s opening statement emphasized emotion rather than the evidence, and with good reason. There was no physical evidence linking petitioner to the murder and the testimony of the “friends and acquaintances” to which Spota alluded was vague, inconsistent and “presented credibility problems.” People v. Brensic, 70 N.Y.2d 9, 22, 517 N.Y.S.2d 120, 509 N.E.2d 1226 (1987). The jury did not, however, learn this from petitioner’s appointed counsel, William O’Leary (“O’Leary”), who waived his right to give an opening statement (T. 37). O’Leary would later explain that he does not give opening statements because the prosecution bears the burden of proof and the jury was so apprised during the process of jury selection (Evidentiary Hearing of September 2, 1987, at 92-93). Nicholas Castellano (“Castellano”), who represented Peter Quartararo, did not adhere to this philosophy. Castellano began his opening by emphasizing the presumption of innocence (T. 38) and the prosecution’s burden of proving the defendants’ guilt beyond a reasonable doubt (T. 38-39). He raised the issue of whether Peter’s confession was voluntary (T. 40) and gave an account of how the Quartararos and Ryan were questioned over a period of hours (T. 44-56), informing the jury that Peter had recanted his confession after his mother arrived (T. 59). Castellano also alluded to statements made by petitioner at a railroad station a few months after the murder, suggesting that petitioner was drunk at the time the statements were made (T. 62-63). Castellano told the jury that neither Ryan nor Brensic had confessed to any involvement in Pius’ murder (T. 56) and alluded to the fact that Ryan had not been indicted (T. 43). Castellano also accused the police of failing to apprehend the actual killer and covering up for their own mistakes by placing the responsibility for the Pius killing on the defendants (T. 61). Suggesting that the prosecution’s case was weak, Castellano told the jury that, notwithstanding the confession and the lie detector tests, the Quar-tararos were released the same night they were brought in for questioning (T. 61-62). B. The Prosecution’s Case The prosecution’s case consisted of four distinct phases: (1) the disappearance of, search for and discovery of Pius; (2) the police’s initial investigation into the crime; (3) the police’s questioning of petitioner and his brother and statements allegedly made by them and their parents during this questioning; and (4) other statements allegedly made by petitioner following Pius’ murder. 1. The Search for Pius Pius left his home for the Dogwood Elementary School (“Dogwood Elementary”) to test his newly repaired bicycle at approximately 8:15 p.m. on the evening of April 20, 1979 (T. 363). Gail Pembroke testified that, at approximately 8:00 p.m., she observed Michael O’Neil and John Sparling walking on a dirt path towards Dogwood Elementary (T. 297). At approximately 8:25 p.m., she saw Pius riding his bicycle very fast (T. 300-01, 307-08) and then saw him turn up Blackman (T. 300), which is in the direction of Dogwood Elementary (T. 776). That evening, Mary Calia was babysitting for John Bailey. The Bailey house is adjacent to the rear schoolyard of Dogwood Elementary. At approximately 8:30 p.m., Calia heard the Baileys’ dog barking loudly and heard voices in the schoolyard. The barking and the voices continued for approximately fifteen minutes (T. 522-26, 530). Calia testified that she was unable to distinguish any voices or screaming (T. 537-38, 541, 550). The following morning, Pius’ father, who had been frantically searching for his son, received a telephone call informing him that his son’s wallet had been discovered near the playground of Dogwood Elementary (T. 369-70). Mr. Pius and his niece then went to the area and Mr. Pius’ niece noticed the Pius bicycle “protruding down in the wooded area” (T. 370). When she picked up the bike, Mr. Pius intervened and took the bicycle from her, placing “it up against the tree or the stump, or whatever was there at the time” (T. 370). Sherwin Abinet, who had originally discovered Pius’ bicycle “laying on the side of the hill ... sideways” (T. 218), later observed that the bicycle was standing up against a tree (T. 246) when he returned to the scene at approximately noon (T. 234-35). Pius’ body was discovered by Joseph Sabina, a neighbor, who had joined the search for him. Sabina discovered Pius’ body by the embankment in the area of Dogwood Elementary. The body was covered by leaves and two logs (T. 332-33). Sabina testified that “[o]ne log was on his head, the right side of his head, the cheek, head, and running down almost parallel with his body. The other one was partially over his knees, which were in a bent position” (T. 333). Sabina moved the leaves and logs aside and touched Pius to see whether he was alive (T. 333). Detective Thomas P. Gill of the Suffolk County Police Department Homicide Squad arrived at Dogwood Elementary at approximately 2:30 p.m. (T. 96-97). Detective Gill noticed marks in the dirt leading from an area three to five feet from the stump to Pius’ body (T. 107-08). There were leaves covering the lower part of Pius’ body as well as a log across one leg and a log lying adjacent to the body (T. 98). Detective Gill also noticed that the bicycle, which was in low gear, was leaning against a tree (T. 106-07). Robert Genna of the Suffolk County Crime Lab testified that there were impressions on Pius’ chin of the type that would be found on certain types of sneakers (T. 1876-77). Genna testified that the impressions were not similar to the designs of the sneakers and shoes taken from petitioner, Peter, Ryan and Brensic (T. 1880-82) and that the only sneaker that could have made the marks on Pius’ chin was that of Eddy Pembroke, who was not a suspect (T. 1883). The Suffolk County Crime Lab’s Chief Forensic Serologist, Ira DuBey, found a ring (T. 465), a pair of rusty scissors (T. 466), a cough drop (T. 468) and cigarette butts (T. 469), and was given a book of matches found by Detective Fountain (T. 468). No evidence was introduced connecting either petitioner or his brother to these items, to any fingerprints (for which Pius’ bicycle was dusted), or to plaster casts which were taken of footprints in the area. Dr. Carlos Tejo of the Medical Examiner’s Office performed an autopsy that evening (T. 407). The autopsy revealed six stones in Pius' mouth, one below and five above the tongue and in the upper larynx, which obstructed the passage of air to the lungs (T. 418-19). Dr. Tejo testified that Pius had died from a combination of traumatic asphyxia — compression of the chest and neck — and obstruction of the air passages (T. 428-29, 439). 2. The Police Investigation According to the police, their investigation initially focused on two possible sets of suspects: (1) Robert Burke and (2) Michael O’Neil, John Sparling and Raymond St. Dennis (T. 786-87). Detective Gill testified that he was told by a confidential informant (an employee of the school district) that Robert Burke, who lived across the street from Pius (T. 191-92, 794), “was capable of committing such a crime on the victim” (T. 189). The informant expressed fear that “Burke or ... others” would retaliate if his identity were revealed (T. 793). Detective Gill went to Burke’s home to question him, but was told by people in the house that Burke was not there, even though his car was parked at the house (T. 808-09). Gill was informed by Burke’s stepmother that Burke was at work, but she was unable to recall the name of the factory where Burke worked (T. 809). He asked that Burke call him at the Homicide Squad and left his telephone number (T. 810). Gill testified that he returned to the house “maybe two times” but did not succeed in interviewing Burke (T. 809). By the end of the week, the police concluded that Burke was evading them (T. 1249-50). On May 11, 1979, three teenagers — Gary Michel, Tommy McCort and James McCort —told Detectives Gill and Reck that Burke had implicated himself in the murder of John Pius (T. 891-94). According to Gary Michel, “Robert Burke came up to the car [in which they were sitting] and said to Tommy [McCort], ‘Did you hear what happened to Canone’s cousin,’ meaning John Pius. Tommy said, ‘Yeah. What about it.’ Robert Burke then said, T did it. I stuck my cock down his throat.’ He then said, T covered it up by putting pebbles down his throat, to make it look good’ ” (T. 892). Continuing their investigation, on June 20, 1979, Gill and Jensen spoke with Chris Dixon (T. 817-18). Dixon told the detectives that Burke was with him the night Pius was murdered and that they had gone to a party at the home of Nancy Ness at approximately 7:00 p.m. (T. 818). Ness told Detective Gill that Burke had come to a party at her home early that evening and had spent the entire night with her at her home (T. 819). She stated that she had invited Dixon to the party, that “Dixon had brought friends of his, or people that he knew ... [and] [s]he didn’t know most of the people that were at the party” (T. 896). On the basis of this investigation, Detective Gill concluded that Burke, despite his alleged confession, did not have any involvement in the death of John Pius (T. 935-36). On cross-examination, petitioner’s counsel elicited from Gill that he did not mention Burke’s alleged confession when he testified before the grand jury (T. 934), despite the fact that he had no doubt that Robert Burke had actually said what the McCorts and Michel reported him as saying (T. 933). The police lab did not test Burke’s sneakers for comparison purposes (T. 1891). In connection with their investigation of O’Neil, Sparling and St. Dennis, Detectives Gill and Reck questioned, as a group, Ryan, Brensic, and Peter and Michael Quartararo (T. 785). “They” indicated that they knew Sparling and O’Neil but not St. Dennis (T. 785). In response to questioning by the detectives, “they” indicated that “they” were not at Dogwood Elementary the night Pius was killed but were watching a ball game at Smithtown High School East (T. 785). When Detective Gill later learned that there had not been a ball game at Smithtown High School East that evening (T. 923), he did not conclude that they were suspects but instead that they were possibly covering up for O’Neil (T. 931). Sparling and O’Neil had been stopped for questioning on the street by Detective Gill and another detective on April 22, 1979 (T. 602). They denied being at Dogwood Elementary the night of the murder (T. 603-04). Sparling was questioned again on April 24 when Detective Gill and another detective came to Sparling’s home (T. 604). Sparling told the detectives that he and O’Neil had been at the school. He told them that they had seen a car pulling out of the school and that someone on a minibike had been hanging on to the car (T. 599, 605). Sparling denied knowing the occupants of the car (T. 606). John Sparling, who repeated this story to the grand jury, testified at trial under a grant of immunity for the crime of perjury with respect to his grand jury testimony (T. 583-85). Sparling’s trial testimony was that he, St. Dennis and O’Neil were at the beer distributor at approximately 7:30 p.m. on April 20 and that they sold a six-pack of beer to petitioner, Peter Quartararo, Ryan and Brensic. The four were in Ryan’s yellow car, which was parked in front of the beer distributor (T. 589-91). He testified that he, St. Dennis and O’Neil walked down a path near the school and that O’Neil briefly spoke with some people in an abandoned house in the woods behind the school (T. 595). When they walked around to the front of the school — at approximately 8:20 p.m. — they saw Ryan’s car, towing Brensic on a mini-bike, exit the school and make a right turn onto Rice Lane (T. 599-600). On cross-examination by petitioner’s counsel, Sparling admitted that he had told the grand jury that he did not know petitioner and that petitioner had not been in Ryan’s car that evening (T. 619). This testimony, he now said, was false (T. 621-22). Michael O’Neil was brought in for questioning by Detective Gill on April 23, 1979, at approximately 7:45 p.m. After being given Miranda warnings, O’Neil was interrogated by Detectives Gill and Reck until midnight (T. 802-06). O’Neil, who was called as a witness by Peter Quartararo, testified that the police told him that they had witnesses who had seen him murder Pius (T. 2843-44). At 12:30 a.m., however, the police told O’Neil that they had checked out his story, that they had “made a big mistake,” and released him (T. 2844). Detective Gill, however, testified that he still considered O’Neil a suspect at this time (T. 806). On cross-examination O’Neil testified, without objection, that petitioner and his brother smoked marijuana (T. 2857-58). O’Neil also testified without objection that while he, Brensic, the Quartararo brothers and a fifth person were at the high school, he thought he heard Brensic say something to the effect of “If you wouldn’t have stepped on him, I wouldn’t have put rocks down his throat” (T. 2859), which O’Neil characterized as a joke (T. 2860). On redirect, however, O’Neil acknowledged that he told the grand jury that he heard Brensic say: “Peter, if you wouldn’t have stepped on him, I wouldn’t have put rocks down his throat” (T. 2869) (emphasis supplied). 3. The Questioning by the Police (a) The Interrogation of the Quartararos On April 28, 1979, Detectives LaValle and Fountain, pursuant to the direction of Detective Sgt. Jensen, stopped a car driven by Robert Ryan in which Peter Quartararo was a passenger (T. 973-75). A minute later Detective Sgt. Jensen arrived, pulling his car in front of Ryan’s car (T. 1004-05). Jensen asked Ryan to come to the police station and Ryan agreed (T. 1005). La-Valle explained to Peter that they were investigating the Pius murder (T. 1005) and asked Peter to talk to them (T. 1007). Peter agreed to speak with the police (T. 1007). Detectives LaValle and Fountain brought Ryan to the station house (T. 977-78). Because Peter was only fifteen, Jensen took him instead to the Fourth Precinct Juvenile Service Room (T. 1035). There he asked Detectives Palumbo and Leonard to interview Peter (T. 1038) and to get a written statement from Peter as well as a diagram of what he had seen (T. 1109). Palumbo began the interrogation at around 2:00 p.m. Palumbo told Peter that he wanted to talk to him about O’Neil, Spar-ling and St. Dennis and that he knew that Peter had seen the three the night of the murder (T. 1348-49). Palumbo told Peter not to cover for them, but Peter denied having seen them. Palumbo “again and again” told Peter that he knew that Peter had seen them (T. 1350) and Peter eventually admitted that he had seen O’Neil, Spar-ling and St. Dennis. Peter explained that he, his brother Michael, Brensic and Ryan were riding around in Ryan’s car and saw O’Neil, Sparling and St. Dennis at a beer distributor in Smithtown. O’Neil had bought a case of beer and Peter purchased two six-packs from him (T. 1351). Peter told Palumbo and Leonard that they then drove to Dogwood Elementary and parked (T. 1351-52). Brensic mentioned that he had seen a mini-bike in the Point of Woods area of Smithtown and that he wanted to go take it (T. 1352). According to Peter, Brensic left and returned a few minutes later with the mini-bike, “an old piece of junk [with] ... no motor” (T. 1663). As Brensic came up to the car, he told the others: “Let’s get out of here. I just heard a scream. I think somebody saw me steal the mini-bike” (T. 1352). They then drove out of the schoolyard with Brensic, on the mini-bike, hanging on to the side of the car. As they exited, they saw O’Neil, Sparling and St. Dennis walking toward them (T. 1352-53,1663). Peter said that they did not see O’Neil, Sparling and St. Dennis again that evening or thereafter (T. 1353). Peter also told Palumbo and Leonard that he did not see Pius (T. 1663). Peter told them that, when they reached the intersection of Dogwood Lane and Route 25-A, they stopped the car and put the mini-bike in the trunk (T. 1354-55). While Peter was giving this account to the detectives, Palumbo received a telephone call from Jensen (T. 1355). Palumbo testified that Jensen told him that Ryan had said that they put the mini-bike in the car trunk at Rice Lane and Dogwood Lane (immediately outside school property), rather than at the intersection of Route 25-A and Dogwood Lane, and that Ryan had said that they had seen Pius ride by on his bicycle while they were doing this (T. 1355). When Palumbo told Peter of this inconsistency, Peter conceded that he had lied to the detectives and that Pius had ridden by while they were putting the bicycle in the trunk at Rice Lane and Dogwood Lane (T. 1356-57). Peter said that one of them — he thought it was Brensic — had said something to Pius as he rode by (T. 1357). Palumbo testified that when he told Peter “that it’s a logical conclusion [that if Pius, O’Neil and his friends and Peter and his friends were all at the schoolyard] that maybe they did see something” (T. 1358), Peter responded that O’Neil, Sparling and St. Dennis had no involvement in Pius’ murder (T. 1358). Instead, Peter said, Ryan and Brensic had killed Pius (T. 1358). Peter told Palumbo that when they drove to the Quartararo home to put the minibike in their garage, Brensic became concerned about the fact that Pius saw them putting the mini-bike in the trunk on Rice Lane and might say something to somebody about it (T. 1358-59). Peter said that at Brensic’s suggestion, they returned to Dogwood Elementary and spotted Pius riding towards the rear of the building (T. 1359). Ryan stopped the car and Ryan and Brensic left the car and chased Pius behind the building (T. 1359). Palumbo further testified that Peter told him that Ryan and Brensic returned fifteen or twenty minutes later, “superfrightened, all out of breath, extremely nervous” (T. 1359-60). He said that Brensic told them that he and Ryan had gotten into a fight with Pius, that Brensic was screaming at Pius and telling him not to say anything about the mini-bike and “that Pius was kicking and squirming and screaming” (T. 1360). Peter told Palumbo that Brensic told him that “they tried to shut him up, they ended up shoving rocks in his mouth, and that he died and that they buried him” (T. 1360). Peter said that Brensic told him that they brought Pius’ body to the woods and “covered him with leaves and logs and sticks” (T. 1360). Peter concluded by telling Palumbo that they all agreed to “keep our mouth shut” and went home (T. 1360). Palumbo then telephoned Jensen — who was observing while Detective Gill questioned Brensic — and told Jensen that Peter had just stated that Ryan and Brensic had killed Pius (T. 1046, 1361). Brensic had been brought to the police station at Jensen’s direction at approximately 3:45 p.m. (T. 1041). It was then approximately 4:30 p.m. (T. 1046, 1361). After Jensen received Palumbo’s telephone call, he drove over to speak personally with Palumbo (T. 1047). Jensen testified that Palumbo told him that Peter had stated that they had all been at the school and that Ryan and Brensic had killed Pius (T. 1048). Jensen instructed Palumbo to obtain a written statement from Peter and to have Peter draw a diagram of what he had seen at Dogwood Elementary (T. 1049). Palumbo told Peter that he was not familiar with Dogwood Elementary and that he had difficulty visualizing what had taken place that night (T. 1362, 1374-75). Pa-lumbo asked Peter to go with him to the school and explain where things had actually taken place. Peter agreed and Palumbo, Leonard and Peter left for Dogwood Elementary at approximately 5:30 p.m. (T. 1375). When they arrived at Dogwood Elementary, Peter pointed out the various areas he had spoken of in his most recent account (T. 1377-81). Peter told the detectives that he and petitioner had been sitting in the back of the car and left the car a couple of seconds after Ryan and Brensic (T. 1382). Peter and his brother saw Ryan and Bren-sic knock Pius off his bicycle and start fighting with Pius, who was screaming and denied knowing anything about them or the mini-bike (T. 1382-83). Peter told Palumbo that Brensic said “We got to shut him up” (T. 1383), that Brensic and Ryan shoved rocks in Pius’ mouth and that Pius then stopped screaming (T. 1383). Peter and his brother followed along when Brensic and Ryan dragged Pius’ body towards the rear of the building (T. 1383). Palumbo testified that Peter told him that petitioner brought Pius’ bicycle to the rear of the school, then leaned it against a tree (T. 1384-85) and that they covered Pius’ body with logs and leaves and sticks (T. 1385). Palumbo testified that Peter asked him whether Ryan and Brensic would find out that he had told on them (T. 1386). Palum-bo testified that when he told Peter that they would find out and that Peter would have to testify as to what had happened, Peter asked whether there was any way they could keep Ryan from finding out (T. 1386). According to Palumbo, when he again told Peter that he would have to testify, Peter responded: “ ‘I might as well tell you. Mike and I shoved rocks in his mouth, and we all helped hide the body’ ” (T. 1387). On cross-examination by Peter’s counsel, Palumbo admitted that he had falsely told Peter while at the school that Ryan had confessed to murdering Pius (T. 1492). Palumbo also conceded on cross-examination that he might have told Peter that nothing would happen to him on account of his youth and cooperation (T. 1497). After Peter implicated himself and petitioner, Palumbo “had him stop talking” (T. 1387) and advised Peter of his constitutional rights (T. 1389-90). Palumbo testified that Peter indicated that he understood what Palumbo had told him and was willing to continue without an attorney being present. Palumbo also testified that Peter also declined his offer to speak with his mother (T. 1390). They then returned to the police car. When Peter again admitted to his involvement in Pius’ murder, Palumbo secretly recorded him using a tape recorder he happened to have in the car (T. 1643-44). Subsequently, the detectives drove to a pay telephone and attempted to call Peter’s mother, but the line was busy (T. 1391). When Peter indicated that he was hungry, they brought him to a McDonald’s and then back to the Fourth Precinct police station (T. 1391-92). Palumbo eventually succeeded in contacting Mrs. Quartararo at approximately 7:20 p.m. (T. 1392). He explained to her that Peter had implicated himself and petitioner in Pius’ murder and asked her to come to the precinct with petitioner (T. 1392-93). Petitioner and his mother arrived at the police station at approximately 8:35 p.m. and were taken to the Juvenile Aid room by Palumbo (T. 1395-97). He then read Mrs. Quartararo, Peter and petitioner the Miranda warnings (T. 1397-98). One of the officers then took petitioner out of the room (T. 1400). Palumbo testified that Mrs. Quartararo then asked Peter whether he and petitioner had helped kill Pius and that Peter stated that he did (T. 1400-01). Asking Peter to tell the truth, Mrs. Quartararo told him “to tell everything, from beginning to end” (T. 1401). Without any objection or request for a limiting instruction, Palumbo testified that Peter stated that he, petitioner, Ryan and Brensic purchased two six-packs of beer from O’Neil and then drove to Dogwood Elementary (T. 1401). They then decided to steal the mini-bike and drove to the Point of Woods development (T. 1402). Peter stated that he, petitioner and Ryan waited in Ryan’s car drinking beer while Brensic went to steal the mini-bike (T. 1402). The fact that there were children skateboarding up and down the street where they were waiting made the three nervous, so they left and returned to the school, without Brensic (T. 1402). A few minutes later, Peter continued, Brensic returned and they drove out of the schoolyard with Brensic, on the mini-bike, hanging on to the side of the car (T. 1402-03). When they reached Rice Lane, they stopped, and Ryan and Brensic got out of the car to put the mini-bike in the trunk (T. 1403). As Ryan and Brensic were putting the mini-bike in the trunk, Pius rode by on his bicycle (T. 1403). Without objection, Palumbo testified that Peter said that petitioner shouted “Pius, you dick,” and that Peter’s mother then said “ ‘dick’ is [petitioner’s] expression. He calls everybody a dick” (T. 1403). Continuing his narrative of the most recent version of Peter’s confession, Palumbo testified that Peter told him that the four then went to the Quartararos’ house, where they had decided to store the minibike (T. 1403). According to Palumbo, Peter told his mother that the four agreed to return to the school “and make sure that Pius kept his mouth shut about the stolen mini-bike” (T. 1403). When they arrived at Dogwood Elementary, they spotted Pius riding his bicycle in front of the building (T. 1404). All four jumped out of the car and chased Pius (T. 1404). Without objection, Palumbo testified that Peter stated that petitioner reached Pius first and knocked Pius off his bicycle (T. 1404). Peter told them that Brensic started to shout at Pius not to tell about the mini-bike (T. 1404). When Pius promised not to tell, Brensic refused to believe him (T. 1404). Brensic began pushing Pius and they all then began beating him (T. 1404). Palum-bo testified that Peter said that Brensic told them to shove rocks in Pius’ mouth in order to shut him up (T. 1404). According to Palumbo, Peter told him that he pulled Pius’ mouth open and they all shoved rocks in Pius’ mouth (T. 1405). Peter continued that he, Ryan and Brensic then carried Pius’ body to the back of the schoolyard, with petitioner following along with Pius' bicycle (T. 1405). Palumbo testified that Peter told his mother that he and Brensic put two logs on Pius’ body (T. 1406). Pa-lumbo testified that Mrs. Quartararo again asked Peter whether this story was the truth and that Peter stated that it was (T. 1407). He also testified that Peter told his mother that they killed Pius because Pius saw them steal the mini-bike (T. 1413). As indicated above, O’Leary did not object to Peter’s statements implicating petitioner or request a limiting instruction. O’Leary also failed to object or request a limiting instruction when Leonard (T. 1687-89), Yaede (T. 1768-73) and Gill (T. 1976-79) testified as to these statements by Peter implicating petitioner. According to Palumbo, after Peter’s confession in the presence of his mother, petitioner was then returned to the room where his mother and brother were waiting (T. 1414). Palumbo explained what had just transpired and asked petitioner to give his version of what they had done the night Pius was killed (T. 1414). Petitioner stated that he did not know what his brother was talking about (T. 1414). When Peter urged petitioner to confess, petitioner admitted that he helped steal the mini-bike, but he denied being involved in Pius’ murder (T. 1414-15). Palumbo testified further that Mrs. Quartararo “requested that Michael cooperate, inasmuch as she wanted to know for herself; ‘Michael, [she said,] please. I know what Peter said is the truth — ’ ” (T. 1415). Peter then asked to talk to his mother privately and everyone left, with the exception of Yaede, the juvenile officer (T. 1416, 1774). Yaede testified that when Mrs. Quartararo asked Peter why he had not told her about this before, Peter replied that the story was a lie (T. 1775). When Yaede questioned that Peter could fabricate such an elaborate story, Peter told him that he made up the story because he wanted to go home (T. 1775-76). The detectives then came back into the room and were told that Peter had recanted (T. 1416,1776). Peter denied any involvement in the Pius murder and refused to speak further when Gill told him that the only people who would know that there were two logs on Pius’ body were the murderers (T. 1417). Mrs. Quartararo then stepped outside the room with Palumbo, Gill and Leonard. Without objection, Palumbo testified that she told them “that, no doubt in her mind, Peter was telling the truth” and that she had no doubt that the four had killed Pius (T. 1418). Palumbo continued — without objection — that she told them that “Michael is a hard case and a habitual liar, and has been nothing but problems” (T. 1418). O’Leary did not object when Palumbo testified that Mrs. Quartararo said that she had no doubt “that Peter ... recanted the statement because of him not wanting to get Michael involved” (T. 1418). Leonard and Gill also testified to this conversation without objection (T. 1692,1981). Gill testified without objection that Mrs. Quartararo said she knew Peter was telling the truth when he said petitioner had called out “Pius, you dick” because that was an expression petitioner regularly used (T. 1981). Without objection, Yaede testified that Mrs. Quartararo asked to contact her husband, because “Michael was known to lie ... and, possibly, her husband could get the truth out of him” (T. 1777). At approximately 9:30 p.m., Mrs. Quartararo telephoned her former husband (T. 1419, 1693, 1777), who arrived at approximately 11:00 p.m. (T. 1419). Palumbo told Mr. Quartara-ro that Peter had implicated himself and his brother in the Pius murder (T. 1419-21). Without objection, Palumbo testified that Mr. Quartararo told him that “Peter was a decent kid, an honest kid, that Peter probably told the truth” (T. 1421), whereas petitioner was “nothing but problems” and “a habitual liar” (T. 1422). Palumbo continued, without objection, that Mr. Quartararo stated that “[t]here was no question in his mind that what [Peter] said happened, happened” (T. 1421). Mr. Quartararo then spoke with his sons alone. Palumbo testified that Mr. Quartar-aro told him that “[p]erhaps, [Mr. Quartar-aro] could get Michael to help out Peter, who was ... a decent kid” (T. 1422). Pa-lumbo testified that when Mr. Quartararo finished talking with his sons he told the police that “Michael was holding fast, and at this point, there wasn’t any doubt in his mind that what Peter said, as far as them having killed Pius, was the truth" (T. 1422). Jensen and Palumbo testified that Mr. Quartararo then requested that his sons be given polygraph examinations (T. 1055-56, 1423). Palumbo testified that Mr. Quartar-aro told him that a polygraph test “could convince Michael ... as to his involvement, that perhaps that would turn him around and he would become cooperative, and Peter would, in fact, go back to telling the truth about the Pius murder” (T. 1423). O’Leary did not object to any of this testimony. Petitioner and his brother were then driven by their father to Yaphank, where the polygraph examinations were administered (T. 1423). Palumbo testified that after the results of the examinations were given to Mr. and Mrs. Quartararo, Mr. Quartararo asked him to try to persuade Peter “to tell the truth, to save his own skin” (T. 1424). Palumbo testified that Peter told him that “[h]e couldn’t get his brother, Michael, in trouble” (T. 1424). Palumbo, continuing without objection, said that he asked Peter whether he would confess if petitioner also confessed and that Peter stated that he would, but “[o]nly if Michael tells you first” (T. 1424). Palumbo then sought to interrogate Michael again, but “Michael ... didn’t want to say anything to anybody” (T. 1424). Detective Leonard then testified, without objection, that Mr. Quar-tararo stated that they “would never get the truth out of Michael” (T. 1700). Mr. Quartararo, who was later called as a witness by Peter, gave a different version of these events. Mr. Quartararo testified that when Palumbo told him that his sons and two other teenagers were accused of murdering Pius he told Palumbo that he did not believe it (T. 2236-37). In testimony corroborated by the contemporaneous written reports of Leonard and Yaede, Mr. Quartararo testified that Palumbo told him that submitting his sons to polygraph examinations was one way to keep them out of jail (T. 2238). After speaking with his sons, who denied involvement in Pius’ murder (T. 2241), Mr. Quartararo told the detectives that they should not take the polygraph examinations because they were highly agitated (T. 2240). The detectives were adamant, however, that petitioner and his brother would go to jail that night if they did not submit to polygraph examinations (T. 2241-42). Ultimately, Mr. Quar-tararo agreed to have his sons submit to a polygraph examination. The test was administered sometime between 1:00 and 5:00 a.m. (T. 2245-46). Mr. Quartararo denied that after he was advised of the result of the polygraph examinations he asked Palumbo or Leonard to question Peter one more time to see whether Peter would tell the truth, noting that “Peter was under a degree of stress that was beyond any of my comprehension” and that he “wouldn’t do that to him” (T. 2246). Instead, Mr. Quartararo asked that all of them be permitted to leave (T. 2247). Gill insisted that Palumbo have one more opportunity to speak with Peter and Palumbo took Peter into the room with him (T. 2247-48). Mr. Quartararo testified that through the closed door he could hear Pa-lumbo screaming and cursing at Peter (T. 2249). Mr. Quartararo was briefly led away by a detective (T. 2250). When he returned, Palumbo told him: “ ‘Phil, take your boys home. We got nothing’” (T. 2251). On cross-examination by Spota, Mr. Quartararo testified that he was upset when he was given the results of the polygraph examinations. The colloquy proceeded as follows (T. 2274): Q. Did — were you, in any way, upset after you got the results of the lie detector tests? A. You bet. Q. So much so that you went and took them to New York City for another lie detector test, and got the same results; didn’t you? * # * * * * A. In which your people interfered with. After an objection by Peter’s attorney to the latter question, on the ground that “[i]t’s got nothing to do with this case,” with which Spota took issue in the presence of the jury, the objection was sustained. O’Leary was silent during this colloquy. Mrs. Quartararo, whom Peter also called as a witness, testified that Peter told her that he had falsely implicated himself and petitioner because the police had told him that Ryan and Brensic had confessed and that he would go to jail (T. 2357). She corroborated Mr. Quartararo’s testimony that Palumbo told them that Peter could leave only if he took a lie detector test (T. 2359). Mrs. Quartararo testified that after Peter took the polygraph test Palumbo said he wanted to “hav[e] another crack at him” and took Peter into the examination room (T. 2373). She testified that she could hear Palumbo and Peter shouting at each other, screaming obscenities (T. 2375). On cross-examination by Spota, Mrs. Quartararo denied that she would characterize petitioner as a liar (T. 2391). Spota then questioned her about petitioner’s school attendance record, suggesting that petitioner had lied to her about attending school and was therefore “a habitual liar” (T. 2393). After Peter’s counsel interrupted this line of questioning with an objection, which was overruled, O’Leary awakened from his stupor and objected to “this entire line of questioning” on the (erroneous) ground that he had not asked any questions of Mrs. Quartararo (T. 2393-95). The objection was overruled. Undeterred by the trial judge or further objection by O’Leary, Spota continued as follows (T. 2395): Q. Did you ever tell the police that you had had lots of problems with Michael? A. No. Q. Did you ever tell the police that Michael was a habitual liar? A. No. Q. Did you ever tell the police that you were having so many problems with Michael, that you preferred that he would live with his father, because he seemed to have more control over him? A. I never said that to the police. Spota then resumed the effort to demonstrate Mrs. Quartararo’s belief in the truth of Peter’s confession. Again, without objection by O’Leary, he read Mrs. Quartara-ro’s grand jury testimony to the effect that “ ‘Pius, you dick’ ... was the first thing in [Peter’s confession] that made it sound a little bit credible” (T. 2433). She responded that it was “something [petitioner] could conceivably say” (T. 2433). (b) The Interrogation of Thomas Ryan Peter Quartararo called Detective Reck as a hostile witness to testify to the interrogation of Ryan. Reck testified that he questioned Ryan from approximately 1:30 p.m. until 7:00 p.m. (T. 2197-98). Ryan signed a statement admitting that he participated in the theft of the mini-bike (T. 2199). Before he signed this statement, Ryan was told by Reck that others being questioned by the police had implicated him in Pius’ murder (T. 2199, 2201). The written statement, however, did not mention Pius (T. 2199, 2206) and in fact Ryan crossed out the blank portions of the paper because he was afraid that Reek would write in something about Pius (T. 2224). On cross-examination, Reck testified that Ryan said that they had stolen the minibike and that Pius rode by as they were putting the mini-bike in the trunk of Ryan’s car on Rice Lane (T. 2220). Reck told the jury that Ryan had informed him that “[t]hey were putting the bike in the trunk, and John Pius was riding up on Rice Lane and Michael Quartararo, who hated John Pius’ guts, started cursing at him, and then they got back into the car, drove towards the Quartararo home, and then en route, Michael said, ‘We ought to go back and shut John Pius up. He’s got a big mouth’ ” (T. 2222). Reck testified further that Ryan told him that when they returned to the school they were unable to find Pius (T. 2222). Reck testified that he told Ryan that he did not believe him (T. 2222). O’Leary did not voice an objection to any of this testimony. 4. Petitioner’s Statements Because Peter’s confessions were con-cededly inadmissible against petitioner, the only admissible evidence that directly linked petitioner with the murder of John Pius was a number of statements he allegedly made after the murder. The prosecution introduced evidence that one night in late July or early August of 1979 (T. 2041), petitioner and five other boys were together drinking beer at the St. James train station. Each of the five boys — James Burke, Michael Burke, John McCort, Danny Culotta and David O’Brien — was called by the prosecution. James Burke testified that one of the group asked petitioner who it was that killed Pius and that he answered “[a]sk Brensic” (T. 2038, 2044). According to James Burke, Danny Culotta asked petitioner, “ ‘How could someone kill a kid for just stealing a mini-bike’” and petitioner responded, “ ‘If you were drunk and if you didn’t want to get caught, you would do the same thing’ ” (T. 2038). He also testified that petitioner told them that he had seen Pius the night of the murder but had not touched him (T. 2038, 2045). Petitioner “did say something about leaning a bike against a tree” (T. 2038). Michael Burke, James Burke’s younger brother, testified that Danny Culotta asked petitioner “how you could kill somebody for just stealing a mini-bike” and that petitioner replied, “‘If you were drunk, you would probably do the same thing’ ” (T. 2058). Michael Burke testified that he thought petitioner said that he had seen Pius the night of the murder — “something like that” — but was “not really sure” (T. 2058). Michael Burke also testified that petitioner said that he, along with Peter, Brensic and Ryan, had been at Dogwood Elementary (T. 2058-59) and that petitioner said “something about leaning a bike up against a tree, or something” (T. 2059). He was uncertain whether the bike was a bicycle or a mini-bike (T. 2059, 2060). When petitioner’s counsel asked Michael Burke whether he had heard petitioner say, “ ‘If you want to find out about this, all you have to do is ask Brensic,’ ” Michael Burke answered that he had not heard petitioner say that (T. 2065). Michael Burke was uncertain of exactly what petitioner said that night, repeatedly emphasizing that he was not sure (T. 2058, 2059, 2060). Michael Burke testified that he had drunk two or three beers that night (T. 2062) and could not remember whether or not they had been smoking marijuana (T. 2068). John McCort testified that petitioner said he was at Dogwood Elementary the night Pius was murdered, “that he put the bike up against the tree, but those guys beat him up” (T. 2081). No one asked petitioner who “those guys” were (T. 2099) and petitioner did not identify them (T. 2081-82). According to McCort, someone asked petitioner “ ‘Why did you do it’ ’’ and petitioner answered, “‘If you were drunk, drunk enough, and you didn’t want to get caught, you’d do the same thing’ ” (T. 2082). On cross-examination by petitioner’s counsel, McCort admitted that the statement he gave to the police omitted this last statement by petitioner (T. 2088). McCort testified that he and the others had had three or four beers that night (T. 2086). David O’Brien testified that petitioner told the group, in response to a question O’Brien did not hear, “that he took a lie detector test, and he passed it. And he said that they were stealing a mini-bike, and John seen him. He said he was going to call the police. They ran after him, up to the school, and they beat him up, and they kicked him. They stepped on his face, and then he took the bike and he put it someplace” (T. 2153-54). Although O’Brien admitted “that certainly every kid that heard Mike Quartararo speak, heard him say” what O’Brien quoted him as saying (T. 2166), none of the others testified that they heard Michael say any such thing. Moreover, unlike James and Michael Burke and Danny Culotta, O’Brien did not recall hearing petitioner mention the names of Ryan and Brensic (T. 2166). Like the others, O’Brien testified that he and the other participants in the conversation were all drinking beer and that he had had three to five beers himself (T. 2155, 2158). Danny Culotta testified that he asked petitioner, “How could you kill a kid like that” and that petitioner responded, “ ‘If you were drunk and stoned, and he saw you stealing a mini-bike, you would do the same thing’ ” (T. 2103). According to Cu-lotta, petitioner told the group “that John Pius had saw him putting the mini-bike into Tommy Ryan’s car, and that he didn’t do anything. That’s all he did, was put a bicycle up against a tree. That was it” (T. 2103). On cross-examination by petitioner’s and co-defendant’s counsel, Culotta testified that he did not hear petitioner say “ask Brensic” (T. 2109, 2116). Culotta testified that he and petitioner — but no one else — had had three beers that night (T. 2102). Culotta also testified that he was at the Quartararos’ house one or two days after the murder (T. 2104). According to Culot-ta, Peter and Ryan were in Peter’s room and he and petitioner were in petitioner’s room across the hallway (T. 2105). Culotta testified that he heard Peter say, “ T think we got away with it’ ” (T. 2105-06, 2125) and that Ryan responded, “ ‘I think so, too’ ” (T. 2106). Culotta continued that petitioner then closed the door to Peter’s room and told Culotta, “ ‘They’re talking about the murder in there’ ” (T. 2106, 2125-26). Petitioner then told Culotta, “ T had nothing to do with it’ ” (T. 2106). Both McCort and Culotta also testified as to statements made by petitioner at St. James Elementary School in September 1979. McCort testified that “[petitioner] said that the police officers fucked everything up, and that, you know, he would get away with it” (T. 2083). Culotta testified that someone asked petitioner, “ ‘Are you still in trouble with the police’ ” and that he replied, “ ‘No. They fucked it up. They’ll never catch us’ ” (T. 2107). Although Cu-lotta testified that James Burke was present during this conversation (T. 2106-07), Burke did not testify about it at all (T. 2034-55). The prosecution also called Gwen Fox, who dated petitioner during the summer of 1979 (T. 2131). Fox testified that one day during that summer she and petitioner were walking (T. 2145). She testified that he was “kind of down” (T. 2145) and she asked him what was wrong (T. 2145). When petitioner did not reply, she asked him whether it concerned the murder (T. 2146). Fox testified that when she then asked him whether he had killed Pius, he smiled (T. 2136) and said yes (T. 2133). On direct examination, she testified that she did not believe petitioner when he said yes because he had smiled as he said it (T. 2136). When she told petitioner that she did not believe him, petitioner “sarcastically” (T. 2136) replied “ ‘I don’t care if you don’t believe me. I did it’ ” (T. 2137). Fox also testified that, on an unspecified date, she was at the high school with petitioner, Peter and Brensic (T. 2135). She testified that “[t]hey were saying, ‘Stomp on him, throw rocks down his throat’ ” (T. 2136). According to Fox, the three “were just fooling around” and “kidding” (T. 2136). Subsequently, when recalled to the stand by Peter’s counsel, Fox recanted her earlier testimony on behalf of the prosecution. She testified that petitioner said “ ‘What do you think’ ” rather than “ T killed Pius’ ” in response to her question of whether he had anything to do with Pius’ murder, and that her testimony for the prosecution was false (T. 2754-56). Fox testified that the police “yelled” and “cursed” at her, threatening to charge her with perjury if she did not testify before the grand jury that petitioner had admitted killing Pius (T. 2758). She testified that as a result of these threats, she testified that petitioner had admitted killing Pius and that petitioner, Peter and Brensic had spoken about stomping on someone (T. 2759-62). This version of Fox’s recantation was corroborated, at least in part, by Detective Reck, who conceded that when Fox was interviewed on May 12,1979, she told Reck and Gill that in response to her question petitioner had replied, “ ‘What do you think’ ” (T. 2211-12). Reck testified that Fox told him that petitioner stated “ T did it’ ” not on May 12, 1979, but when she was on her way to appear before the grand jury (T. 2217-19). C. Peter Quartararo’s Case Peter Quartararo called a number of witnesses in his defense. The testimony of many of these witnesses, for the sake of clarity, has been summarized during the narrative of the prosecution’s case. Peter Quartararo also testified in his own defense. He stated that he, petitioner, Brensic and Ryan drove to the beer distributor at approximately 7:00 p.m., bought a six-pack of beer from O’Neil and then, after talking with O’Neil, Sparling and St. Dennis for a half hour, drove to the Point of Woods development (T. 2682-84). Peter testified that after Brensic left the car to steal the mini-bike, they drove to the school, leaving Brensic, because they believed that some children skateboarding would see them steal the mini-bike (T. 2685). A few minutes later, Brensic joined them at the school with the mini-bike (T. 2686). With Brensic hanging on to the side of the car, they left the schoolyard and turned on to Rice Lane, where they stopped (T. 2686, 2690). Peter denied seeing Pius ride by as Ryan and Brensic put the bicycle into the trunk of the car (T. 2690-91). Peter testified that they then drove to his house, arriving at approximately 8:45 p.m., and that he, petitioner and Brensic went inside while Ryan brought his car home (T. 2691). Ryan returned a few minutes later. Brensic and Ryan left at 10:30 or 11:00 p.m. (T. 2691). Debra Dietrick, Peter’s girlfriend, who was at the Quartararo home that evening, generally corroborated this part of Peter’s testimony (T. 3083-88). Peter then described the manner in which he and Ryan were stopped by the police on April 28 (T. 2695), stating that an officer threw him into the car with Jensen (T. 2696-99). After they arrived at the Fourth Precinct police station, Leonard and Palumbo began questioning him. Peter eventually admitted stealing the mini-bike (T. 2701-02). After a few hours of questioning (T. 2703), the detectives told Peter that they had witnesses who had seen him kill Pius (T. 2702). Peter testified that Palumbo and Leonard told him that Ryan and Brensic had confessed (T. 2703-04). At some point Palumbo showed Peter a piece of paper that Palumbo told Peter was Ryan’s statement that Peter and petitioner had killed Pius (T. 2708). Peter also testified that Palumbo and Leonard told him, “ ‘If you don’t tell us what happened, those guys are going to testify against you, and that you’re going to go to jail for twenty-five years to life. You’re never going to see your parents’ ” (T. 2704). Peter continued to deny that they had seen Pius that night. He testified that one of the detectives stood up and put his finger in Peter’s face, telling him “ ‘Look, those Irish bastards are going to walk away from this. You Guinea bastards are going to hang and spend twenty-five years to life in jail. You’re never going to see your parents again, and you’re never to walk the street. If you don’t tell us what happened, that’s what’s going to happen to you’ ” (T. 2707). Peter continued that when he went to use the telephone, Palumbo knocked the telephone out of his hand, telling him that he could not call anyone and that he would not be allowed to leave until he told the police what he had done (T. 2707). He testified that he asked to call his parents several times, but that the detectives refused to permit him to call home (T. 2708). Peter testified that Palumbo told him that Palumbo was unfamiliar with the area around Dogwood Elementary and asked Peter to draw a diagram (T. 2709). Peter drew the diagram, and Palumbo then told Peter that he was still confused and was going to take Peter to the school (T. 2710). According to Peter, on the way to Dogwood Elementary Palumbo told him, “ ‘Now, we’re going to tell you what Ryan and Brensic said, and you’re going to tell us, you’re going to tell us the same thing later’” (T. 2710). As they drove around the school, Palumbo pointed out where Ryan and Brensic, supposedly, had said the four of them had put the mini-bike in the trunk (T. 2711), where they had seen- Pius (T. 2712-13), where petitioner had shouted “‘Pius, you dick’” (T. 2713) and where petitioner had caught Pius (T. 2714). Peter told the detectives that it was not possible that petitioner had caught Pius first because he and petitioner were in the back seat of Ryan’s two-door car (T. 2714). As they drove, Palumbo told Peter that Ryan and Brensic had stated that petitioner knocked Pius off his bicycle and that Peter had sat on top of him (T. 2715). Palumbo stopped the car where Ryan and Brensic had allegedly said Pius’ wallet had fallen out (T. 2715-16) and then drove over to the swings to point out where Ryan and Brensic had said they had put Pius’ body (T. 2718). Peter testified that when his mother arrived shortly thereafter with petitioner, Pa-lumbo read all three the Miranda warnings (T. 2722). Palumbo told Peter to tell his mother what he had told the police (T. 2722). He then told his mother that he, petitioner, Ryan and Brensic had killed Pius (T. 2722). Petitioner was then brought into the room with Peter and his mother. When they informed him of Peter’s statement implicating him in Pius’ murder, he denied having seen Pius and told the police, “ ‘[a]ll you guys got me for, is a stolen mini-bike’ ” (T. 2723). Peter testified that when his mother asked to speak to him alone he recanted, telling her that the story was a lie, that he was “totally confused” and that the police had frightened him by threatening that he would go to jail for twenty-five years, kicking him and calling him “a Guinea bastard” (T. 2724). He testified that the detectives told him that he and petitioner “would walk away from this” if they testified against Ryan and Brensic (T. 2923-24). Peter testified that when Palumbo learned of his recantation, Palumbo said that he and petitioner would have to take a lie detecto