Text of Kyle Laborda Police report, Case Number 111412833, Dated 12/09/2014

 

...after Bailey confronted him about the touching. Laborda denied the confrontation happened in the bedroom at all, and also denied he ever cried about the incident.

 

I asked Laborda if everything he had told me about his recollection of the incident had been truthful. Laborda said he had been completely honest in his statements and believed he would pass a polygraph if he would have been willing to take one.

 

At this time, I used a legal ruse and presented a folder with Bailey's name on it and told Laborda Bailey had submitted to a polygraph examination on the incident as she had alleged it happened and as she witnessed it. I asked Laborda what he thought the results of Bailey's test were. Laborda immediately told me he believed she passed the test, then after several moments stuttered that or she failed, I don't know. Under the ruse, I told Laborda Bailey passed every aspect of the test which told me she had told the truth about her recollection of the incident and what she saw. Laborda's response to this was to nod in acknowledgement, and did not deny anything. I asked Laborda to explain how it could be that Bailey had been truthful about seeing him rubbing the Victim's feet against his penis when he had told me he was sleeping and didn't recall that or crying when being confronted.

 

Laborda then changed his story. Laborda acknowledged he had an erection and had grabbed the Victim's feet and moved her feet up and down a few times around his erection, but it was not for sexual pleasure. Laborda said he didn't recall why he had an erection, but said he was in the process of repositioning the Victim away from his erection because he didn't want her near it, and that was what Bailey had seen. Laborda also told me the reason he cried when Bailey confronted him about the incident was because she was so abusive to him and he has become overly emotional because of it and cries at the drop of a hat. It should be noted that during this interview and up until booking Laborda did not show any emotion close to crying despite his claim that he cried all the time. Laborda re-enacted his moving the Victim's feet as they were held by his hands up and down his clothed erection (which was also simulated by a rolled up piece of paper. Laborda moved the paper baby feet up and down around the pretend penis two or three times before showing he was moving the legs to the left side of his body.

 

During the interview, after Laborda had been confronted with Bailey's supposed polygraphy results he requested to see them. Myself and Deputy Mondry excused ourselves from the room in an attempt to locate McEvoy to inquire about the fabricated test. This concluded my interview and interrogation of Laborda.

 

Suspect Arrest and Booking:

 

Deputy Mondry re-entered the interview room where Laborda was still voluntarily sitting and advised him he was under arrest. Laborda was handcuffed to the rear with the cuffs double locked. Laborda was escorted to the Central Detention Center where he was booked for the charge of PC 288(A).

 

Evidence:

 

All audio recordings associated with this case have been retained for evidentiary purposes. A copy of the interview is being prepared for evidence by Polygrapher Rex McEvoy, and will be placed into evidence upon arrival.

 

Case Disposition:

 

Case cleared by arrest. Forward to Deputy District Attorney for review and complaint filing.

 

Reporting Officer: Laura Addy

Reviewed by: L. Trask