Detroit Police Detective False Testimony:
Presented at Trial Re: Alibi Defense
(T.T. Represents Trial Transcripts)
Megan testified on behalf of the defense as Mario’s only alibi witness that November 15, 2008 was her and Mario’s date night. They went out, returned home whereafter Mario left for 10 to 12 minutes to purchase her a pack of clove cigarettes from a local gas station. He returned home where they were together for the duration of the night.
(t.t., Vol. V, pg. 87-89)
Megan informed the prosecution she told police and arson investigators on November 19, 2008 (4 days after the fire) exactly what she testified to in court that November 15, 2008 was her and Mario’s date night. They went out for a date then returned home sleeping next to each other.
(t.t. Vol. V, pg.121-122)
Mario testified when he was initially interviewed by police, he told them the night of November 14, 2008 and the morning of November 15, 2008 was he and Megan’s date night. They went out to dinner and returned home whereafter he left to purchase a pack of D’jarums cigarettes from a local gas station then returned home.
(t.t., Vol. VI, pg. 84-85)
Mario testified that Megan told officers’s Shea and Sullivan and Detroit Fire Department Arson what they did the night of the fire. Mario stated officer Shea knew of their whereabouts because he made him aware.
(t.t., Vol. VI, pg. 111-112)
Lead Detective Scott Shea testified during his June 10, 2009 interview with Megan at the Police Station that she never indicated whether she knew of Mario’s whereabouts the day of Kirby’s November 15, 2008 fire.
(t.t., Vol. VII, pg. 8)
Detective Shea testified he never heard of Mario’s alibi until it was presented at trial. Shea also stated Mario’s alibi never came up with Detroit Arson investigators when they brought him in for questioning.
(t.t., Vol. VII, pg. 9)
During closing arguments the prosecution told jurors the alibi Megan and Mario testified to during trial was developed around April 6, 2010 which was days before trial.
(t.t.Vol. VII, pg. 30)
During closing arguments the prosecution played an excerpt of Megan’s June 10, 2009 interview with Detectives Shea and Sullivan, then misrepresented the alibi information provided. The people posed this question to jurors. “Where is the rock solid alibi back at the time officer Shea talked to her? “The people followed-up falsely stating. “It’s not there”. Referring directly to Megan’s June 10, 2009 interview.
(t.t., Vol. VII, pg. 32)
Officer Shea’s testimony established Megan nor Mario told Detroit Police Department or Detroit Fire Department arson investigator about his whereabouts the night of Kirby’s 2008 fire. This not only affected the jury’s decision but also persuaded Judge Callahan to exceed Mario’s original sentence. Judge Callahan stated, “Mario went to great lengths to avoid detection and responsibility in his arson for profit scheme including orchestrating perjury by his wife for use in his alibi defense.” (See Departure Evaluation Report #4). This option has been upheld throughout Mario’s multiple resentencing hearings.