Lawyer says ex-cop didn't intend to lie

ALBANY -- The lawyer for a former New York City police detective urged the state's top court Thursday to overturn his perjury convictions, arguing the officer had no intention of lying and simply didn't recall questioning a 17-year-old shooting suspect who secretly recorded the 2005 interview.

Attorney Ira Feinberg said the defense lawyer blindsided Det. Christopher Perino with "a courtroom stunt," using the recording transcript at the bench trial 15 months later to discredit the attempted-murder case the detective had put together against Erik Crespo. The shooting victim and a videotape were the evidence against Crespo, and Perino's testimony wasn't material, and therefore didn't constitute felony perjury, he said.

"For testimony to be material it must be relevant to the issues that are actually being litigated at the trial," Feinberg said. "The court needs to appreciate how insignificant this testimony was in the overall context of this trial."

Several judges challenged that approach.

"It may be that the proof was overwhelming, but you don't have a license to perjure yourself just because you have an overwhelming case," Judge Robert Smith said. "Are you saying that if the case is sufficiently overwhelming any perjury becomes a misdemeanor because it doesn't matter what he says?"

"When a police officer lies in court, I think it hurts all police officers to some extent," Judge Eugene Pigott Jr. said. "Even if it was an inconsequential, as you say nonmaterial, lie, how do we as the Court of Appeals say, 'It's OK for officers to lie if the lie is isn't material'?"

Feinberg said the emphasis would be on the "lack of connection" between what the detective gave "incorrect answers to" and the real issues in the case.

He also argued there was insufficient evidence Perino intended to lie, that he had no reason to, and all four of his convictions should be thrown out.

Assistant Bronx District Attorney Christopher Blira-Koessler said the court should restore two Perino convictions to felonies, arguing his testimony was material and the reason Crespo got a plea bargain down to weapon possession.

"Credibility is very important," Blira-Koessler said. "That is why we had to offer a plea."

Perino, a 19-year police veteran, by law has to be terminated with a felony conviction and as a result stands to lose about $3 million in pension and health benefits, Feinberg said. He was originally sentenced to four months in jail, which a midlevel court reduced to two months, but has remained free on bail pending appeal.