29 good reasons not to bring back the death penalty to our state.
Of these, 24 are 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. 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
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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
9. 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
10. 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
11. 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
12. 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
13. 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
14. 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
15. 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
16. 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
17. 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
18. 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
19. 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
20. 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
21. 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
22. 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
23. 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
24. 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
Based on evidence other than DNA
25. 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
26. 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
27. 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
28. 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
29. 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