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New York's Exonerees

Exonerations based on DNA evidence:

1.Habib Wahir Abdal – Buffalo

Convicted, 1983, of a 1982 rape and sentenced to 20 years to life
Served 16 years, Exonerated 1999
Factors leading to conviction: eyewitness misidentification, government misconduct

 

2. Stephen Barnes- Oneida County
Convicted 1989 of 1985 rape, sodomy, 3 counts of 2nd degree murder
Sentenced to 25 years to life
Served 19 1/2 years, Exonerated 2009
Factors leading to conviction: Informants/Snitches, unvalidated or improper forensic Science

 


3. Roy Brown- Cayuga County

Convicted, 1992, of a 1991 murder, sentenced to 25 years to life
Served 15 years, Exonerated 2007
Factors leading to conviction: Inadequate forensics

 


4. Leonard Callace - Suffolk County

Convicted, 1987, of sexual abuse, wrongful imprisonment, criminal weapons possession, in a 1985 incident, sentenced to 25-50 yrs
Served 5½ Years, Exonerated 1992
Factors leading to conviction: eyewitness misidentification, inadequate forensics

 


5. Anthony Capozzi- Buffalo

Convicted, 1987, of rape, sodomy, sexual abuse in a 1985 incident, sentenced to 11-35 years
Served 20 years, Exonerated 2007
Factors leading to conviction: eyewitness misidentification

 

6. Terry Chalmers - Westchester
Convicted, 1987, of rape and sodomy in a 1986 incident, sentenced to 12-24 years
Served 7 ½ years, Exonerated 1995
Factors leading to conviction: eyewitness misidentification

 


7. Charles Dabbs - Westchester

Convicted, 1984, of rape in a 1982 incident, sentenced to 12 ½ - 20 years
Served 7 years, Exonerated 1991
Factors leading to conviction: Eyewitness misidentification

 

8.. Lynn DeJac - Buffalo
Convicted, 1994, of murder in a 1993 incident, sentenced to 25 years - life
Served 13 ½ years, Exonerated 2008
Factors leading to conviction: inadequate forensics, investigator failures

 


9. Jeffrey Deskovic- Westchester

Convicted, 1990, of murder and rape in a 1989 incident, sentenced to 15 years – life
Served 15 ½ years, Exonerated 2006
Factors leading to conviction: False confession, government misconduct

 


10. Scott Fappiano - Brooklyn

Convicted, 1985, of rape and sodomy in a 1985 incident, sentenced to 20-50 years
Served 21 years, Exonerated 2006
Factors leading to conviction: eyewitness misidentification

 


11. Hector Gonzalez - Manhattan

Convicted, 1996, of a 1995 murder, sentenced to 15 years to life
Served 5 ½ years, Exonerated 2002
Factors leading to conviction: eyewitness misidentification

 


12. Dennis Halstead - Nassau County

Convicted, 1987, of murder and rape in a 1984 incident, sentenced to 33 1/3 years to life
Served 16 years, Exonerated 2005
Factors leading to conviction: inadequate forensics, false confession, investigator misconduct

 


13. John Kogut - Nassau County

Convicted, 1986, of murder and rape in a 1984 incident, sentenced to 31 ½ years
Served 17 years, Exonerated 2005
Factors leading to conviction: inadequate forensics, false confession, investigator misconduct, informants, snitches

 


14. Kerry Kotler - Suffolk County

Convicted, 1982, of a 1982 rape, sentenced to 25-50 years
Served 10 ½ years, Exonerated 1992
Factors leading to conviction: eyewitness misidentification, inadequate forensics, government misconduct

 


15. Antron McCray - Manhattan (Central Park Jogger incident)

Convicted, 1989, of rape and assault in a 1989 incident, sentenced to 5-10 years
Served 6 years, Exonerated 2002
Factors leading to conviction: inadequate forensics, false confession

 


16. Michael Mercer - Manhattan

Convicted, 1992, of rape, sodomy and robbery in a 1991 incident, sentenced to 20 ½ to 41 years
Served 10 ½ years, Exonerated 2003
Factors leading to conviction: eyewitness misidentification

 


17. Alan Newton – Bronx

Convicted, 1985 of a 1984 rape, robbery, assault, sentenced to 13 ½ to 40 years
Served 21 years, Exonerated 2006
Factors leading to conviction: eyewitness misidentification

 


18. James O'Donnell - Staten Island

Convicted, 1998, of sodomy and assault in a 1997 incident, sentenced to 3 ½ to 7 years
Served 2 years, Exonerated 2000
Factors leading to conviction: eyewitness misidentification

 


19. Victor Ortiz - Newburgh (Orange County)

Convicted, 1984 of rape and sodomy in a 1984 incident, sentenced to 25 years
Served 11 ½ years, Exonerated 1996
Factors leading to conviction: eyewitness misidentification

 

20. John Restivo - Nassau County
Convicted, 1987 of murder and rape in a 1984 incident, sentenced to 33 1/3 years to life
Served 16 years, Exonerated 2005
Factors leading to conviction: inadequate forensics, investigative misconduct, false confession, snitches

 


21. Kevin Richardson - Manhattan (Central Park Jogger case)

Convicted, 1990, of attempted murder, rape, sodomy and murder in a 1989 incident, sentenced to 5-10 years
Served 5 ½ years, Exonerated 2002
Factors leading to conviction: inadequate forensics, false confession, government misconduct

 


22. Yusef Salaam - Manhattan (Central Park Jogger Case)

Convicted, 1990, of rape and assault in a 1989 incident, sentenced to 5-10 years
Served 5 ½ years, Exonerated 2002
Factors leading to conviction: inadequate forensics, false confession, government misconduct

 

23. Raymond Santana - Manhattan (Central Park Jogger Case)

Convicted, 1990, of rape and assault in a 1989 incident, sentenced to 5-10 years
Served 5 ½ years, Exonerated 2002
Factors leading to conviction: inadequate forensics, false confession, government misconduct

 

 

24. Frank Sterling – Monroe County
Convicted, 1991, of a 1988 murder, sentenced to 25 years to life
Served 19 years, Exonerated 2010
Factors leading to conviction: false confession

 

 

25. Douglas Warney - Rochester
Convicted, 1997, of a 1996 murder, sentenced to 25 years to life
Served 9 years, Exonerated 2006
Factors leading to conviction: False confession

 


26. Kharey Wise - Manhattan (Central Park Jogger Case)

Convicted, 1990, of assault, sexual abuse, riot in a 1989 incident, sentenced to 5-15 years
Served 11 ½ years, Exonerated 2002
Factors leading to conviction: inadequate forensics, false confession, government misconduct


Exonerations based on evidence other than DNA

 

1.Fernando Bermudez - Manhattan
Convicted, 1992, of a 1991 murder sentenced to 23 years to life
Served 17 years, charges dismissed 2009
Factors in conviction: Witness misidentification, faulty police procedures

 


2. Dewey Bozella - Dutchess County

Convicted, 1983 of a 1977 murder, sentenced to 20 years to life
Served 26 years
Exonerated 2009, charges dropped
Factors in conviction: Prosecutorial misconduct, investigative failures, withheld evidence.

 


3. Michael Clancy- Bronx

Convicted of a 1997 murder
Sentenced to 25 years to life
Served 10+ years, Case dismissed Feb 23, 2009
Factors leading to conviction: Eyewitness misidentification

 


4.Jose Garcia - Bronx

Convicted, 1993, of a 1991 murder
Served 15 years, Exonerated 2007
Factors leading to conviction: Defense attorney failures (Defense attorney did not pursue conclusive evidence that Garcia was in the Dominican Republic at the time of the crime

 


5.Barry Gibbs – Brooklyn

Convicted, 1988, of a 1986 murder, sentenced to
Served 19 years, Exonerated 2005
Factors leading to conviction: Corrupt police investigators. Coerced misidentification

 


6.Olmado Hidalgo- Manhattan (Palladium murder case)

Convicted, 1992, of a 1990 murder, sentenced to 25 years to life
Served 13 years, Exonerated 2005
Factors leading to conviction: Eyewitness misidentification

 


7.David Lemus- Manhattan (Palladium murder case)

Convicted, 1992, of a 1990 murder, sentenced to 25 years to life
Served 13 years, Acquitted at retrial, 2007
Factors leading to conviction: Eyewitness misidentification

 


8.William McCaffrey- Manhattan

Convicted, 2006, of rape, allegedly committed in 2005
Perjury by the complainant, who has confessed that there was no rape;
Served 3 years
Exonerated 2009

 


9.Martin Tankleff- Suffolk County

Convicted 1990 of murder
Sentenced to 50 years to life
Served 17 years
Exonerated 2008
Factors leading to conviction: Alleged confession, police misconduct

 


10.Jonathan Wheeler-Whichard -Brooklyn

Convicted, 1997, of a 1996  murder
Sentenced to 25 years to life
Served 12 years
Factors in conviction: perjury, attorney failures, eyewitness misidentification and false testimony
Exonerated 2009


11.David Wong – Clinton County

Convicted, 1992, of a 1990 murder, sentenced to 25 years to life
Convicted, 1987, while serving a sentence for robbery, of the 1986 murder of an inmate at Dannemora, sentenced to 25 years to life
Served 17 years, Conviction overturned, charges dismissed 2004
Factors leading to conviction: Eyewitness misidentification

DATED April 29, 2010

The list continues to grow....

 

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