A State Police investigator conceded under cross-examination Thursday that he used "a ruse" to lure a Bronx man into custody and arrest him for a decades-old revenge murder on Long Island.
Senior Investigator Patrick Colgan testified he and NYPD detectives got Raed Innab, now 49, to come with them to a Bronx precinct station in 2013 after explaining they wanted to speak to him about an assault in which he was the victim.
Once at the 44th Precinct, Colgan told Innab he was being arrested on a murder charge in the beating death of Darwish Ali Darwish, 32, on the side of a road in East Islip on Aug. 21, 1984, the investigator said.
"He appeared to begin to faint, lost his balance," Colgan said in describing Innab's reaction. Colgan said that before using the ruse, he had considered asking the NYPD for a SWAT team, but they suggested that it would be easier to get the suspect out of his apartment by telling him it was about his assault case.
Defense attorney Craig McElwee of North Babylon asked Colgan several times whether he had used "a ruse" to arrest Innab, and Colgan finally agreed with that characterization.
It was unclear how McElwee intended to use that information in his closing statement to the jury next week. Summations are scheduled for Wednesday after one more day of testimony on Tuesday before Judge Fernando Camacho in County Court in East Islip.
Assistant District Attorney Nicholas Santomartino told jurors in his opening statement earlier this week that Innab stabbed Darwish more than 30 times and clubbed him repeatedly with a tire iron by the side of the Heckscher State Parkway, just north of Timber Point Road in East Islip.
Darwish had fatally shot Carl Innab, the defendant's uncle, in 1976, the prosecutors said, served 7 years in prison for manslaughter and was released two months before he was killed.
McElwee said Innab's blood found on Darwish's sock might have gotten there when Darwish went to the deli Innab owned in Brooklyn. Innab was cut on a meat slicer or in an altercation with Darwish there -- and a workers' compensation claim for the day supports that, McElwee said.
The blood on the sock did not link Innab to the murder at the time of the crime, but more sophisticated testing methods established the link later, prosecutors said.