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22 Years for a Rape He Didn't Commit

Alan Newton will leave a New York jail after being imprisoned for 22 years for a rape DNA has shown he didn't commit. What took so long? New York police kept insisting there was no DNA to test. The Innocence Project took up his case and got a DA to find the evidence the police insisted didn't exist:

The rape kit, it turned out, was in its original storage bin from 1984, Barrel No. 22, in the same police warehouse that the authorities said they had searched at least three times since Mr. Newton first asked in 1994.

The long-delayed DNA tests proved the innocence of Mr. Newton, who had refused to participate in a sex-offender treatment program in prison, ruining his chance for an earlier parole. He plans to come to court today dressed in one of the suits he wore to work half his lifetime ago.

17 more inmates in New York are facing the same dilemna. With viable claims of innocence, police say they can't find evidence to test.

At least 17 other people who have been convicted of serious crimes in New York City, and who maintain that they are innocent, have been unable to obtain DNA testing because the authorities say they cannot find the evidence, said Vanessa Potkin, a staff lawyer with the Innocence Project at the Benjamin N. Cardozo School of Law in Manhattan, a legal clinic that helps convicts get DNA tests.

"It has been much more difficult for us to locate forensic evidence in New York City than any other jurisdiction," Ms. Potkin said. "Mr. Newton could have been proven innocent in 1994."

How did Mr. Newton get convicted in the first place?

Mr. Newton, who had a criminal record from a fight as a teenager, was picked out of a photo array, then identified by the victim. Although she later said she was unsure if Mr. Newton was the assailant, the prosecution's case rested almost entirely on her testimony and a fleeting identification by the bodega clerk; Mr. Newton offered an alibi, saying he had spent the night at the home of a woman in Queens. No biological evidence was presented at the trial, and he was convicted in 1985.

Mr. Newton, who was a bank teller before his conviction, tried many times to get the authorities to find DNA in his case:

In 1994, Mr. Newton filed the first of his own motions to seek DNA testing of the rape kit, which contained swabs taken from the victim's genitals immediately after the attack. In 1994, 1997 and 1998 he lost those motions because the evidence was not available.

"Currently there is no original voucher in the active file, therefore it must have been destroyed," Police Sgt. Patrick J. McGuire wrote in 1998. As for any record of the destruction of the evidence, Sergeant McGuire wrote: "Unfortunately there was a fire in our facility during the summer of 1995 which destroyed these files."

Now that it's been found, where it was supposed to be, where the cops say they looked and didn't find, it, what is the repsonse:

"I can't explain why the evidence wasn't found before," [Prosecutor] Ms. Koenderman said. "It's tragic. I don't know what else to say. This man did not commit this crime and has languished in jail this many years."

Then there is the case of Jennifer Negron, murdered in 1992. Hours later, A witness told the police that she saw Mr. Wagstaffe and Mr. Connor drag Ms. Negron into a car. The witness was a drug addict who continued to use during the trial.

The case was investigated under the supervision of a detective in Brooklyn who was involved in three wrongful convictions and who said after he retired that the workload in his precinct was so high that he almost never had time to investigate serious crimes properly.

Both Mr. Wagstaffe and Mr. Connor denied being involved and took polygraph tests, which they passed but which are not admissible as evidence. They were convicted and sentenced to 12½ to 25 years.

The evidence in the case has yet to be found. Mr. Connor is now out of jail

Mr. Connor said that when he appeared before the parole board, he refused to budge on his assertion of innocence. On his release in 2004, he was forced to register as a sex offender. He discovered that meant he could not live in the new home he and his wife had bought because it was too close to a school, so he is renting an apartment separately nearby to comply with the terms of his parole.

Mr. Wastaffe won't go before the parole board. He would rather remain in jail searching for the evidence.

"I have refused to go to the parole board and will continue to refuse," Mr. Wagstaffe wrote in a recent letter. "Because I would rather die inside here fighting to prove my innocence than to live on the street like my co-defendant and carry the title of, and register as, a sadistic murderer and rapist."

How many more men are there like these, languishing in jail for a decade or more for crimes they didn't commit? As of today, 180 mostly New York inmates have been released through the Innocent Project's involvement and finding DNA evidence that proved them factually innocent of the crime. New York is only one state.

You can view the Innocence Project's chart on the causes of wrongful convictions here.

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    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#1)
    by Talkleft Visitor on Thu Jul 06, 2006 at 02:46:36 AM EST
    I started tingling all over, listening to Scheck's closing in the OJ case, and every time I think about The Innocence Project it happens again. This stuff is so difficult to process! One feels joy that he will be freed at last, and so much sorrow for the hell he went through to get here, and so much worry for how many who still await justice from inside a prison cell. They have hope because of people like Barry Scheck.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#2)
    by Edger on Thu Jul 06, 2006 at 03:33:02 AM EST
    I'm happy for Alan Newton, sort of. But, how do you reimburse a man for taking away 22 years of his life? And 22 years of a large part of the lives of his friends and family? With money? Much as he'll need it, it will be salt in the wound. No amount could be enough, I would think. So does it just end there, or what happens now? Finding someone to blame for this will not return any part of Newton's 22 years of missed living and opportunities to him either, but legal justice is in large part just laying blame. Will there be an investigation into why and by whom the DNA evidence was hidden? Especially into how? An examination of the processes and and responsibilities in place in NYPD evidence rooms? There is no way to achieve perfection in these systems, but is there a way to make sure this kind of thing doesn't happen again?

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#3)
    by Johnny on Thu Jul 06, 2006 at 04:27:29 AM EST
    And still people will claim that no innocent people have been killed by the state... If it turns out the cops and/or DA were withholding evidence, I hope they all get to experience 22 years in prison. The state abusing it's power to lock people up is, in my mind, the most greivous offense imaginable.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#4)
    by HK on Thu Jul 06, 2006 at 05:26:11 AM EST
    I just don't get this reluctance to hand over key evidence for DNA testing. I understand the desire to conceal that they (the police, DA etc) were ever wrong in the first place, but they too have to walk the streets and so do their loved ones. Regardless of the moral issues of locking up innocent people, did it not bother even one of the people working on this cases that the real perpetrators were still out there? And no, edger, there is no way of compensating a person for the loss of over two decades of their life. There was a case not so long ago in the UK of which this is reminiscent. Stephen Downing, who had a reading age of 11, was convicted of the murder of Wendy Sewell. He spent 27 years in jail before his innocence was finally proven. He was denied parole because he always maintained his innocence. I believe he got a fair sized compensation payout, but I'd bet he'd give it all back in return for his 'lost' years.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#5)
    by Jlvngstn on Thu Jul 06, 2006 at 05:32:29 AM EST
    Until there is a successful prosecution of anyone concealing evidence or malicious prosecution these stories will remain "blips" and insignificant in the eyes of the american public. I would like to see those who suppressed the evidence here sentenced to 20 years, you know, an eye for an eye and all that.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#7)
    by Talkleft Visitor on Thu Jul 06, 2006 at 06:23:02 AM EST
    Pretty shocking, indeed. I wonder how many people are in prison for crimes they did not commit? What do you think the percentage is?

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#8)
    by Talkleft Visitor on Thu Jul 06, 2006 at 06:52:55 AM EST
    It's not over for this man. When he gets out watch for some municipality to require him to register as a sex offender. Their logic will be "where there's smoke there's fire" blah, blah, blah. Employers will wonder about that 22 year gap in his resume' and after explaining himself the HR guy will think "where there's smoke....". He's tagged for life and will have myriad forms of trouble for it. The same goes for everyone else escaping wrongful imprisonment. Now, imagine the person who has "paid" his debt to society by being confined for 22 years for a crime he actually committed. He screwed up, forfeited 22 years of freedom and upon release will put up with 10 times the crap Alan Newton will. In America it's only the super-rich that ever really get to start over fresh after serving time. Everyone flocks to celebrity, money and power no matter the indiscretions or background of the person possessing them. The rest of the rabble pay for their crimes all the way to the grave.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#9)
    by Bob In Pacifica on Thu Jul 06, 2006 at 06:58:14 AM EST
    I agree with Jlvngstn. Until there is a prosecution, and that's unlikely given that the DAs and cops would have to turn on themselves, concealment of exculpatory evidence will continue. Agent99, I too found Scheck the absolute best part of the Simpson defense team. Unfortunately, his entire summation was wiped out from being covered by Fred Goldman's press conference where he said lots of hysterical things about Johnnie Cochran. I always felt that if the rest of the defense team had spent their time in a bar with Flea Bailey and left the case to Scheck and his compatriots that the public would have gotten a clearer idea of why Simpson didn't do the murders.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#10)
    by Edger on Thu Jul 06, 2006 at 07:06:07 AM EST
    HK: I believe he got a fair sized compensation payout, but I'd bet he'd give it all back in return for his 'lost' years. I'll bet there are sometimes strong emotional conficts produced by payouts like this. On the one hand they need the money just to survive. After that long in prison it can be very hard to function. Speech, demeanor, a wary look in the eye, can all add up to the equivalent of carrying a sign around saying "EX-CON: Do not Hire" On the other hand I'd bet their a strong dessire somtimes to throw the money in someones, anyones, face in the justice system, shout "Shove it up your A**", and walk away.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#11)
    by dab on Thu Jul 06, 2006 at 09:06:52 AM EST
    Regarding compensation: Some states have automatic compensation systems for exonerated inmates. I don't know if NY does, but I would guess it does, given its relatively progressive legal regime. I doubt anyone would reject compensation. I have read several interviews of freed inmates who said they were elated just for finally being proven right, and not bitter, but I doubt that feeling lasts a long time once one gets out and realizes all he/she has lost and can never get back. I think I would be pretty angry. I agree with those praising Scheck: I think he is one of the true heroes of the legal profession. I didn't know he represented OJ. I am rather surprised by the sentiment that OJ was innocent. As to wrongful convictions: I believe there are far too many, but I would guess it is a small percentage, probably less than 10%. But if anyone has any real data, I would love to hear it.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#12)
    by Talkleft Visitor on Thu Jul 06, 2006 at 09:10:35 AM EST
    Edgar said:
    On the one hand they need the money just to survive. After that long in prison it can be very hard to function. Speech, demeanor, a wary look in the eye, can all add up to the equivalent of carrying a sign around saying "EX-CON: Do not Hire
    You're assuming the ex-con even gets to the interview stage where his demeanor could "give him away". Actually, there's what's known to most ex-cons simply as "the box" on most employment applications: "Have you ever been convicted of a crime other than routine traffic violations?". Check the box, that's it for you at 99% of employers. In theory, the "yes" answer could be overlooked and explained, but in practice, it never gets that far for most ex-con job candidates, their resumes or applications are just summarily discarded. Actually, passing laws to eliminate "the box" altogether as discriminatory is one of the cutting edge ideas of the prisoners' rights and reform groups.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#14)
    by Talkleft Visitor on Thu Jul 06, 2006 at 09:56:56 AM EST
    If the DA and police have been actively hiding this evidence, are they not in some sense conspiring with the actual perpetrator? The result of trying to keep an innocent guy behind bars is an equal effort being made on behalf of the real rapist, ensuring that for how many years, he is free to rape how many more women? Oh by the way, you don't even have to tell me, the guy in prison is black, right?

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#15)
    by cpinva on Thu Jul 06, 2006 at 10:10:02 AM EST
    "I can't explain why the evidence wasn't found before," [Prosecutor] Ms. Koenderman said. "It's tragic. I don't know what else to say.
    no. i'd say it was........... criminal. i think an interview or two, with those who claimed to have searched and not found, would be in order, at minimum. take me through all the steps you took, in your search. my guess is there were none. i know it's harsh, but how else to explain it? then, charge them for wilfully withholding exculpatory evidence. put the state police or the FBI in charge, it's a civil rights issue.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#16)
    by txpublicdefender on Thu Jul 06, 2006 at 10:15:40 AM EST
    As long as juries continue to believe faithfully believe eyewitnesses, despite a lack of physical evidence, wrongful convictions will continue. There are thousands of people in prison for crimes based on eyewitness testimony where no DNA evidence exists.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#17)
    by Edger on Thu Jul 06, 2006 at 10:24:33 AM EST
    jackl: You're assuming the ex-con even gets to the interview stage where his demeanor could "give him away". Not at all. I think it poisons them before they can get anywhere near that stage. Almost like people can see it a block away, or a cloud hanging over them. I've been there. I spent only 4 months in jail once nearly 30 years ago, and for months afterwards felt like there was a big finger or flashing arrow up above me pointing at me when I went job hunting. Awful feeling, and it shows.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#18)
    by Talkleft Visitor on Thu Jul 06, 2006 at 10:58:57 AM EST
    I concur with others. Until Prosecutors and Police Officers face the possibility of equal punishment for wrongfully convicting people, they just won't care. Officially, their job is to find the "truth." In fact, they all get evaluated on case closing and successful prosecution criteria. Everyone works the pay plan. So until they get rewarded for finding the truth instead of for making an arrest and getting a conviction, it will stay exactly as it is. Of course, throw into the mix the possibility of being tried and convicted yourself if you wrongly convict someone...they might take a different view of their jobs.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#19)
    by Edger on Thu Jul 06, 2006 at 11:02:59 AM EST
    a good start might be to move resposibility for maintaining evidence out of police departments and the courts and into some kind of arms length org that has no vested interest motivations.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#20)
    by Jlvngstn on Thu Jul 06, 2006 at 11:42:00 AM EST
    When a victim emphatically states "that is him" I can see how LEO and Prosectors can build the case to fit the ID, but here there was some uncertainty which is frightening. I don't know if the finances play as big a role as merely the satisfaction of closing cases, after all the public wants to see successful prosecutions so that they can feel "safer". Unfortunately, if there were the threat of criminal prosecution in this case methinks the rape kit would have never been found, and then what?

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#21)
    by Patrick on Thu Jul 06, 2006 at 12:13:47 PM EST
    i think an interview or two, with those who claimed to have searched and not found, would be in order, at minimum. take me through all the steps you took, in your search.
    I agree, if there's something criminal to this, they should be interviewed. A simple internal investgation should be able to uncover any criminal liability.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#22)
    by soccerdad on Thu Jul 06, 2006 at 12:37:08 PM EST
    A simple internal investgation should be able to uncover any criminal liability.
    I have little faith in internal investigations be they for police, doctors, priests, etc. The urge to protect their own is too great.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#23)
    by Talkleft Visitor on Thu Jul 06, 2006 at 12:56:35 PM EST
    I agree soccerdad. I can't imagine an internal investigation having any other purpose than damage control. What kind of organization would ever behave otherwise?

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#24)
    by Talkleft Visitor on Thu Jul 06, 2006 at 01:36:07 PM EST
    I've worked on quite a few of these kinds of cases and I would be shocked if there were any kind of criminal investigation. Evidence gets "lost" all the time. Sometimes it's a matter of terrible record keeping, sometimes it seems a little more deliberate. Txpublicdefender gets it exactly right.

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#25)
    by Talkleft Visitor on Thu Jul 06, 2006 at 04:27:50 PM EST
    a good start might be to move resposibility for maintaining evidence out of police departments and the courts and into some kind of arms length org that has no vested interest motivations.
    This is a good proposal, for Fantasyland. More bureaucracy! Please!

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#26)
    by Sailor on Thu Jul 06, 2006 at 05:31:43 PM EST
    This is a good proposal, for Fantasyland.
    Actually it is called 'civilian review boards', ones not appointed by the cops. Who watches the watchers?

    Re: 22 Years for a Rape He Didn't Commit (none / 0) (#27)
    by cpinva on Thu Jul 06, 2006 at 11:46:33 PM EST
    patrick said, in part:
    A simple internal investgation should be able to uncover any criminal liability.
    sorry patrick, you know that wouldn't fly, for two very obvious reasons: 1. perception: the public would never take a finding of no criminal blame as legitimate, if the solely the result of an internal investigation, rightly or wrongly. 2. way too high a probability (leading to #1) of it being a CYA, rather than an actual investigation. how do i know this? simply put, i am a federal agent. in my agency, these kinds of investigations are conducted by disinterested third parties, to avoid both 1 & 2. there's also the IG, for the same reasons. it doesn't always avoid 1 & 2, but at least an effort at transparency and independence is made.