Prosecutors grill witness who recanted testimony in murder trial of off-duty cop

By REBECCA BAKER
THE JOURNAL NEWS

(Original Publication: November 21, 2007)

WHITE PLAINS - Prosecutors spent hours yesterday grilling the witness who is recanting his testimony from the 1997 murder trial of off-duty New York Police Department officer Richard DiGuglielmo, shredding the witness' recollection of events and questioning the strength of his memory.

But one of DiGuglielmo's lawyers said the witness, Michael Dillon, clearly remembers feeling pressured by Dobbs Ferry police to change his original account of the shooting to say that Charles Campbell posed no danger when he was shot outside his family's deli on Oct. 3, 1996.

"No one has shaken him on that," attorney Andrew Schapiro said.

Dillon, a cable technician who happened by the scene that night, told police on the night of the shooting that Campbell was still swinging a baseball bat when he was shot. He said Dobbs Ferry police took him to headquarters three more times that week before he changed his statement to say Campbell was backing off and the shooting did not appear to be justified. That was the testimony he gave at trial as well.

DiGuglielmo's lawyers say Dillon's recantation and police tactics should be enough to overturn the conviction. The prosecution maintains that the jury relied on numerous witnesses besides Dillon before convicting DiGuglielmo.

During yesterday's hearing before Westchester County Judge Rory Bellantoni, Dillon said dozens of times that he didn't know or didn't remember what he told police or prosecutors following the shooting. Dillon said he didn't remember his own testimony from the trial, even after Assistant District Attorney Timothy Ward read it to him.

Dillon also said he didn't remember that he had testified before a grand jury and had trouble remembering more recent conversations with lawyers on both sides of the case.

William Campbell, the victim's brother, questioned the strength of Dillon's recantation considering how many times he couldn't remember things. "It seems like he's very confused," he said.

Dillon did remember that Dobbs Ferry police had treated him fairly and respectfully. Schapiro asked Dillon if he possibly changed his story because it was what police wanted to hear.

"I just remember being tired of talking about it," he said.

When Ward asked Dillon why he testified as true to a version of events he now claims is a lie, Dillon said he could have felt compelled to stay with that version or could have believed it was true.

"Or it could have been the truth," Ward said.

"It's possible," Dillon replied.

Dillon could be DiGuglielmo's last chance to reverse his conviction in one of Westchester's biggest homicide cases of the 1990s. The 42-year-old is serving 20 years to life in prison after being convicted of second-degree murder for the deadly shooting in the parking lot of the Venice Deli on Ashford Avenue.

Campbell had struck DiGuglielmo's father with a baseball bat after a confrontation over Campbell's parking in the lot while getting pizza across the street. The jury rejected DiGuglielmo's claim that he was defending his father.