Lessons Not Learned - The Innocence Project

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Served 20 years; exonerated in 2007 Factors leading to wrongful conviction: eyewitness misidentification Biological evidence stored for two decades in a hospital drawer was the key to the 2007 exoneration of Anthony Capozzi, a Buffalo, New York, man who spent 20 years in prison for two rapes he didn’t commit. DNA tests in March 2007 showed that another man, currently awaiting trial on three murders, actually committed the 1985 attacks, know as the Delaware Park rapes. Capozzi was charged with three similar rapes and went to trial in 1987. <strong>The</strong> rape victims told police their attacker was about 160 pounds – Capozzi weighed 200 to 220 pounds. None of the victims mentioned a prominent three-inch scar on Capozzi’s face. All three victims identified Capozzi in court as the attacker. He was convicted by a jury of two rapes and acquitted of the third. He was sentenced to 35 years. Biological evidence was collected from two victims in 1985 and stored in a hospital drawer. When the evidence was tested in 2007 at the request of Capozzi and his attorney, sperm collected during the rape examinations of both victims matched the profile of a man currently in state custody – and proved that Capozzi could not be the rapist. Capozzi was exonerated and released from state custody in April 2007. 78 THe InnoCenCe PRoJeCT
APPenDIx B APPenDIx B RePoRT on THe ConVICTIon oF JeFFReY DesKoVIC, BY An exPeRT PAneL CoMMIssIoneD BY WesTCHesTeR DIsTRICT ATToRneY JAneT DIFIoRe (ReLeAseD JULY 2007) 79
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Lessons n o t learned neW YoRK sTAT
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exeCUTIVe sUMMARY Throughout New Yo
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Despite the large number of DNA exo
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23 CAses AnD THeIR ConseqUenCes: A
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8 Hector Gonzalez - Brooklyn Convic
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18 Doug Warney - Rochester Convicte
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TRYInG To ReBUILD THeIR LIVes All o
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ReAL PeRPeTRAToRs CoMMIT ADDITIonAL
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THe Lessons THe Lessons CAUses oF W
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THe Lessons • The victim identifi
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THe Lessons • County rape in 1987
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THe Lessons • victed of the 1989
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THe LeARnInG THe LeARnInG LeGIsLATI
Page 27 and 28: THe LeARnInG Allow All of the Wrong
Page 29 and 30: THe LeARnInG cessful, New York shou
Page 31 and 32: THe LeARnInG Convictions, composed
Page 33 and 34: FInDInGs oF THe CoMMIssIon The comm
Page 35 and 36: ReCoMMenDATIons oF THe CoMMIssIon A
Page 37 and 38: ConCLUsIon time to research for evi
Page 39 and 40: APPenDIx A APPenDIx A FULL PRoFILes
Page 41 and 42: APPenDIx A ecution for DNA testing
Page 43 and 44: APPenDIx A process. On July 18, 199
Page 45 and 46: APPenDIx A The initial description
Page 47 and 48: APPenDIx A and if it was still avai
Page 49 and 50: APPenDIx A The following year, all
Page 51 and 52: APPenDIx A Eventually, the evidence
Page 53 and 54: APPenDIx A On December 19, 2002, on
Page 55 and 56: APPenDIx A On the night of April 19
Page 57 and 58: APPenDIx A His chance to test the e
Page 59 and 60: APPenDIx A defenses. Prosecutors al
Page 61 and 62: APPenDIx A suggested she had been r
Page 63 and 64: APPenDIx A from the defendants pres
Page 65 and 66: APPenDIx A brother’s moving busin
Page 67 and 68: APPenDIx A days or weeks. The bandi
Page 69 and 70: APPenDIx A While the case was being
Page 71 and 72: APPenDIx A watching television, he
Page 73 and 74: APPenDIx A The Office of the Chief
Page 75 and 76: APPenDIx A Deskovic’s alleged con
Page 77: APPenDIx A consistent” with Brown
Page 81 and 82: RePoRT on ConVICTIon oF JeFFReY Des
Page 83 and 84: RePoRT on ConVICTIon oF JeFFReY Des
Page 85 and 86: scientific evidence exonerated him.
Page 87 and 88: It is, of course, theoretically pos
Page 89 and 90: · · a murder that he did not comm
Page 91 and 92: wholly unsupported by anything poli
Page 93 and 94: investigative reports strongly sugg
Page 95 and 96: interrogations of Deskovic on Janua
Page 97 and 98: a confession. 44 During part of thi
Page 99 and 100: emained steadfast. Finally, on Janu
Page 101 and 102: Deskovic’s knowledge of Correa’
Page 103 and 104: As it was, the Grand Jury was denie
Page 105 and 106: he was aware, as the jury was not,
Page 107 and 108: On this record, the trial judge may
Page 109 and 110: without his attorney. 112 There is
Page 111 and 112: Court’s Mid-trial Loss of Evidenc
Page 113 and 114: arrested. District Attorney DiFiore
Page 115 and 116: occasions a voice tape recorder was
Page 117 and 118: The Innocence Project was founded i
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Lessons Not Learned - The Innocence Project

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