Lacey's appeal says error prejudiced jury

The Nassau County jury that convicted Caleb Lacey of setting a horrific blaze that killed four people may have been prejudiced against him when they heard he "pleaded the Fifth" during an interview with detectives, his appellate lawyer has argued.

The volunteer firefighter's appeal, which was filed late last week, contends that Lacey's defense lawyer and the judge made errors that should reverse the verdict.

A spokesman for Nassau District Attorney Kathleen Rice said prosecutors had not finished reviewing the appeal and had no comment. They have 60 days to respond to the state Appellate Division, Second Department.

"I think it's a strong appeal," said Lacey's appellate lawyer, Martin Geduldig, of Garden City. "The proof of his guilt here was not overwhelming."

Lacey, 21, of Lawrence, was convicted of murder and arson charges for starting a February 2009 fire in Lawrence that killed Morena Vanegas, 46; her stepson, Saul Preza, 19; and her two daughters, Andrea, 10, and Susanna, 9. Vanegas' husband, Edit Vanegas, escaped by jumping out a window with their two young sons.

Lacey is currently serving 25 years to life in prison.

His questioning by Nassau County detectives was the first after the police department instituted a policy of videotaping all interrogations in serious cases from start to finish.

Before the trial, Nassau County Judge Jerald Carter threw out the videotape, which prosecutors said contained a confession by Lacey, because the sound quality was poor.

Later, Carter ruled that the detective who questioned Lacey could not testify about the confession, because Lacey was seen on the tape invoking his Fifth Amendment right against self incrimination. But Carter did allow the detective to testify that Lacey had "pleaded the Fifth," a ruling that Geduldig argues amounts to a reversible error.

A spokesman for the Nassau County courts said only that the matter is being appealed and that Carter "awaits the decision" of the appellate court.

"The exercise of a defendant's constitutional right can't be used against him," Geduldig said. In the appeal, Geduldig said hearing that a defendant asserted his right to remain silent might have a "chilling effect" on jurors, causing them to think Lacey had something to hide.

Geduldig also said the jury should not have heard testimony from two detectives who said they believed Lacey was "a liar." Detectives' opinions on a suspect's credibility are not relevant, Geduldig said, but they may prejudice the jury.

The appeal also says Lacey's trial lawyer, Christopher Cassar, of Huntington, made errors that should lead to reversing the conviction.

It says Cassar would raise questions in the case and then "leave them hanging, never again to be touched upon."

Cassar said it is standard for appeals to include arguments about ineffective counsel.