Accused Killer Faces 'Get Out of Jail Free' Pass

Tuesday, September 02, 2014
The Florida man charged in a gruesome slaying faces an all-or-nothing offer that could set him free from jail.

Gustavo Dubon could also spend the rest of his life in prison if convicted in the 2007 killing of Francisco Cuevas. The businessman's remains were uncovered months after his death, located inside a rusted metal box found in a wooded area.

Dubon was charged with kidnapping and first-degree murder last year, after police said he confessed. Dubon has pleaded not guilty.

In a newly released recording, the two detectives working the case were caught on a recording telling their supervisor they think Dubon is innocent.

"Seriously. Serious, serious doubts that Dubon had anything to do with this," Det. David Young is heard saying to Brian Koenig on the recording.

That interaction was recorded when one of the detectives failed to remove his microphone after interviewing an unrelated suspect on another case. The recording was later released to the attorney for Dubon.

On the audio, the detectives claim Dubon gave a false confession rife with errors about key case details.

Despite the presence of the audio, Broward County assistant state attorney Gregg Rossman is still moving forward with the trial.

"What you hear in that audio is an intelligent debate between two very good detectives and their sergeant, and has no impact, no effect at all on the case," Rossman said.

But authorities are offering Dubon the polygraph as a possible "get out of jail free" pass.

"Both parties agree that it's admissible in court and if, in fact, the defendant passes the polygraph examination as to their involvement in the crime, we drop the case, or dismiss the case," Rossman said. "If the party fails, and is deceptive on the exam as to their involvement in the case, then the stipulated polygraph is admissible in court in front of a jury and can be used as evidence against them."

Dubon is still undecided about whether he will take the polygraph.

Proponents say the tests are accurate about 90 percent of the time, according to the American Polygraph Association, while critics argue that the accuracy is closer to 70 percent.

The next hearing is set for Thursday.

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