STATE OF SOUTH CAROLINA )

) AFFIDAVIT OF

COUNTY OF HORRY ) SERGEANT JAMES C. LILLEY

 

Personally appeared before me the afftant, Detective Sergeant James C. LilIey, who swears and affirms the following

I I am an employee of the Hony County Police Department, and have been in my curren~ position (Detective Sergeant) for almost two years. I havc been employed with the Horry County Police Department for over nine years.

2 I was the supervisor on call the night of May 6, 1999.

3 In this capacity, I was called to the scene of a vehicle fire on the Garden City Connector in Surfside, South Carolina, early in the morning.

4. During the time I spent at the scene of the fire May 6th, 1 was informed by then-Detective Richard Jernick (who was the case agent) and Deputy Coroner Dan Bellamy that one associate of the deceased, John Petrazzouli Jr., had been identified by the victim's sister as one Gregg Finkel. Mr. Finke! is my nephew.

S In my capacity as the supervisor on call, I visited Mr. Finkel's house to inform him of his friend's death and to gather any information that Mr. Finkel might have relevant to our investigation.

6 When 1 an-ived at the house, Mr. Finkel was present, along with his wife, Connie, and my sister, Judy Finkel. I informed Mr. Finkel of John's death. He was upset to learn this news. After he composed himself, I began to ask both him and his wife questions regarding the victim's habits, associates, mood, and other facts which might be relevant to the investigation of the death to which they responded reluctantly at first, but later became more forthcoming during the course of the interview.

7. At no time did I tape record any portion of this interview. I took several pages of handwritten notes, copies of which are attached to this Affidavit as Exhibit "A,' which detail many facts I would not have recorded in writing had a recording of the interview been in progress. For instance, I mentioned in my notes that a visitor had arrived at the house. If the interview had been recorded, I would have announced that fact out loud for the record, but would not have placed it in my notes.

8 I believe that any statements by those present at the interview that the interview was recorded may be based either on a mistaken assumption that all police interviews are recorded, or as a result of a family dispute (completely unrelated to this case) which arose out of an incident that took place this past Christmas.

9 1 made the decision not to tape the interview based on three factors~ I knew that my nephew would be very upset at losing his friend, and did not want to record his grief; the purpose of the interview was to gather information, not to interrogate a suspect; and I knew from my experience that people being interviewed are more forthcoming when a tape recording is not being made.

10. 1 may know other facts relevant to this case, but this affidavit concerns solely the issue of whether the interview of Gregg and Connie Finkel was tape-recorded by me

FURTHER AFFIANT SAYETH NOT

 

Det. Sgt. James C. Lilley

 

SWORN TO BEFORE ME this 30th day of June, 2000