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Police Detective Sues for Wrongful Conviction

By TChris, Section Innocence Cases
Posted on Wed Nov 02, 2005 at 09:36:38 AM EST
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by TChris

As a police detective, Jeffrey Hornoff helped send people to prison. Now he understands how easy it is for an innocent accused to end up behind bars -- it happened to him.

[Hornock] served six years, four months and 18 days for a murder he didn't commit. He was released in 2002 only after Todd Barry, a carpenter from Cranston, stepped forward and admitted to killing Victoria Cushman in August 1989.

Hornock has sued several Warwick, R.I. and state police detectives for his wrongful conviction, accusing them of "willfully mishandling and omitting evidence." The complaint alleges that State Police "ignored the possibility that Hornoff was innocent" and "failed to conduct a proper investigation," instead focusing all investigative efforts on Hornoff. The complaint also states that "beyond compensating Hornoff ... the lawsuit seeks to redress the unlawful municipal policies and practices."

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    Police Detective Sues for Wrongful Conviction | 11 comments (11 topical)
    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:39 PM EST
    He's still one up on a few hundred (thousand(s)?) of prisoners in U.S. gulags. He has access to a lawyer and redress.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#2)
    by Patrick on Sat Dec 17, 2005 at 01:05:40 PM EST
    Was it just the cops, or did the DA conspire with the jury members too? If the cops felt he did it, they had a duty to proceed with their investigation. Absent some intentional act to hide exculpatory evidence, I don't see the merits of his case.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:40 PM EST
    Patrick, Umm, he wasn't guilty. If brother cops testify, you are toast, the average person will assume you are guilty. He wasn't an actor on Prison Break. You try doing six years for a crime you didn't commit and get back to us.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#4)
    by rilkefan on Sat Dec 17, 2005 at 01:05:40 PM EST
    Did they have anything on him other than having had an affair with the victim? Why wasn't another man, not a police officer, who had also been romanically involved with her, not investigated? Was there any inter-departmental animus towards the detective?

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#5)
    by Patrick on Sat Dec 17, 2005 at 01:05:41 PM EST
    Getthept, He was convicted. Was there some intentional misconduct during the prosecution, either by the cops, DA, or jury? I understand that he did not commit the crime he was convicted of, but that in and of itself is not grounds to sue people who pursued the investigation, IMO. And a great example of why we need reforms in the system.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#6)
    by jen on Sat Dec 17, 2005 at 01:05:41 PM EST
    Someone who is wrongfuly convicted should get compensation.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#7)
    by Patrick on Sat Dec 17, 2005 at 01:05:41 PM EST
    Jen, Why? and at Who's expense? as long as there was no misconduct, they should get assistance, and perhaps lost wages, but not punitive damages.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#8)
    by libdevil on Sat Dec 17, 2005 at 01:05:42 PM EST
    Why? Because he was wronged. Whether by malice or simple incompetence, he should be compensated by those who wronged him. In this case, that's the state. We don't let Ford off the hook if they sell us defective cars by mistake, instead of deliberately designing defective cars. They may face higher punishment if they hurt people on purpose, perhaps including criminal punishment, but simple incompetence is no excuse. They still have to pay to those they've harmed. The state shouldn't be any different.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#9)
    by Patrick on Sat Dec 17, 2005 at 01:05:42 PM EST
    Lib, Yes, provided those issues can be proven. But how is the City responsible, when 12 people viewed, heard and saw evidence provided by both sides and agreed he was guilty beyond a reasonabel doubt? This isn't quite the same as defective product lawsuit.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#10)
    by jen on Sat Dec 17, 2005 at 01:05:43 PM EST
    Patrick: Because the state did great damage to his life, the state should help him regain it. They put him in jail on behalf of the people and the people (taxpayers) should help him recover. You know, take responsibility. I'm not saying give him a gazillion dollars, I'm saying give him help: a job, psychiatric treatment, whatever.

    Re: Police Detective Sues for Wrongful Conviction (none / 0) (#11)
    by Patrick on Sat Dec 17, 2005 at 01:05:43 PM EST
    Jen, Fair enough.

    Police Detective Sues for Wrongful Conviction | 11 comments (11 topical)