DNA frees 21-year prisoner

[deadparrot]

NEW YORK - A man who spent 21 years behind bars for the rape of a police officer's wife was freed Friday after being cleared by DNA testing.

Scott Fappiano, 44, was released at a Brooklyn court hearing just one day after test results showed that his DNA did not match that at the crime scene.

A judge ordered his release after the district attorney's office agreed to a request by attorneys for the Innocence Project, which uses DNA to exonerate convicts.

Fappiano's mother, Rose, was ecstatic. "My son was kidnapped from me 21 years ago," she said. "I want to welcome him home."

http://news.yahoo.com/s/ap/wrongfully_jailed

[JuniperLea]

1. One of the many reasons I'm against the death penalty

Bad enough to be locked up for so long...

An innocent man goes in, and how he cannot come out bitter would be a mystery.

[MADem]

2. Where's the apology for this guy?

Fappiano was arrested and first tried in 1984, despite blood-typing tests that failed to link him to cigarettes and stained clothing left at the crime scene. The main evidence against Fappiano was an identification by the rape victim, although he was five inches shorter than the 5-foot-10 attacker first described by the woman.




That victim ought to be ashamed of herself. You have to wonder if someone on the force just wanted a 'win' and they didn't particularly like this guy...maybe he was a hood, and they figured they'd get him off the street.

I doubt he could sue civilly, but damn, he deserves some serious compensation. You can't get that time back.

[KayLaw]

4. I agree

I've read books like one by the Innocence Project and this happens too often. That's one reason I'm totally opposed to the death penalty.

[Scairp]

7. Really

How in the hell did he get convicted at all? Sounds like the evidence wasn't there. I guess a cop's wife couldn't be doubted, even if he was the wrong guy. How she can live with herself knowing the real rapist got away with her false ID, I don't know.

[KayLaw]

10. They stole most of his life

The cops and DA have ways of encouraging false identification, though. Just the same . . .:eyes:

[lumberjack_jeff]

20. did the real perpetrator commit more crimes?

We'll never know.

Every innocent guy behind bars equals one guilty guy NOT behind bars.

[Haole Girl]

19. How did he get convicted?

It's called court-appointed representation. Or, in other words, he didn't have the money O.J. or Robert Blake had. Oh, and, don't forget our wonderful jury system...the ones selected when I went for jury selection didn't even know what Miranda Rights meant and barely spoke English!

[happyslug]

22. Jurys want to Convict.

That is the sad fact of life in most trials. while technically the burden is on the prosecutions, Juries want to convict and will convict unless the defense is able to convince the Jury that the Defendant is innocent.

This is why Prosecutors generally want Jury Trials, Judges tend to more willing to accept the fact the burden of proof is on the Prosecution not the Defense. Thus many Defense Attorneys will not ask for a Jury trial, unless the case is so controversial that they know the Judge will be under a lot of political pressure to convict.

In capital cases this is even worse for most people who are most likely to be open minded as to conviction also tend to oppose the Death penalty, thus prosecutors know by asking for the Death Penalty they have a better chance of getting convictors on the Jury.

[cbugle]

3. unlawful imprisonment

Is there any recourse for a person that this happens to? Any restitution of some kind?

[wryter2000]

6. Welcome to DU

:hi:

I wish I knew the answer to your question.

[cbugle]

14. Thank you

I'm happy to be here. I hope this person can find some semblance of a normal life now.

[AllegroRondo]

9. A recent case in Missouri

invovled a man who was unlawfuly imprisoned for (I believe) 14 years, then acquitted on DNA evidence. The state ended up paying him around $40,000 for each year of imprisonment.
To the man's credit, he said he did not want to sue the state for more, even though he could have. His family (2 sisters) had stuck by him the entire time, which gave him at least the beginnings of a social network when he got out.

[happyslug]

24. In a case from the 1950s, Pa has REFUSED to pay anything

What happened is that in the 1950s a person was railroaded on a pedophile case. Two Pittsburgh Police Officer demanded money from him or they were going to charge him with having sex with two juveniles. He refused to pay and the two twelve (12) year old testify that he had rapped them. He was sentenced to 30 plus years (And kicked out of the Marine Corp do to is conviction). These two officer ran this scam for decades in Pittsburgh, demanding money from people under the threat of a false conviction

The Now E-Marine sat in Prison for ten years till he meet one of his accuser in Jail. The now fellow Felon told him why he testified why he did. The Ex-Marine tried to use that to get a new trial but the motion was denied on the grounds the two officers word was better than this this felon. The felon finally was released and saw his old boyhood friend, the other witness who had become a successful business man, told him of the fact the ex-Marine was still in Jail. The Business man then went to one of his new friends, a local Judge, and told him about the situation. Subsequent investigation had other people testify that these two officers had set them up the same way (Please Note this was after both officers had died and thus the fear of retribution had disappeared). Anyway, finally in the 1980s the ex-Marine was released. No Job in 30 years, No Social Security and with a bad Conduct Discharge from the Marines. He has been trying to get compensation since his release. The Courts told him he could NOT sue the City of Pittsburgh for the action of these two officers were outside the scope of their employment (The City Police Force knew nothing of this activity) and the only person he could sue was the Officers themselves (who were now dead and their estates settled decades before).

The State Legislature has refused to pay him anything on the grounds it might open up such payments to other wrongfully convicted felons (Through the language used implies giving money to people whose conviction on appeal are overturned and Never re-convicted, a separate but more common situation). The Marine could not even sue under the Civil Rights Act for the officers did NOTHING PHYSICALLY or EMOTIONALLY to him, just tried to black mail him (Which was obviously NOT under the Color of Law).

My Point here this is the GENERAL RULE. Sometimes State Legislatures do fell guilty when someone is wrongfully convicted but unless the legislature agrees to give the Innocent person money he is out of luck. This was one of the worse cases on a wrongfully convicted person being in prison for decades prior to the innocent Project. This case comes up every so often even today in the news (Senator Heinz before his death, was trying to get the ex-Marine some compensation since he had been a Marine at the time of the incident was the last time it hit the news big time, but even afterward this case comes up). I would prefer a fund kept by the state to compensate such victims of the Criminal Justice System, but no one in the state Legislature wants to come up with the funds.

[happyslug]

23. In most states only if the State Legislature agrees to pay some money

That is the sad fact of life, if he was properly convicted he is out of luck. Now if some sort of fraud is found he can sue the person who did the fraud, but of no fraud no liability.

[ThomCat]

5. I am sick to my stomach whenever I hear about cases like this.

His life is gone. He has spent decades in prison and experienced who-knows-what in there, and he was innocent.

Can you imagine being dragged off of the street and having the rest of your life taken away from you because of something you didn't do?

Now what does he do? He's got no job history, and certainly no money put into a 401k for retirement. He's likely to be working at minimum wage to survive for the rest of his life. He's been separated from society for so long that he isn't likely to have a network of friends except maybe people he knew in prison. He's single, and what are his odds of making good connections in the social scene? What are his odds of starting a family now?

Whatever it is he wants out of life, it's probably out of his reach, and all because of something that wasn't his fault.
x(

[GoddessOfGuinness]

8. The police officer, after viewing the same lineup, did not select Fappiano

So the police officer saw the criminal?
Odd...

I'm glad this innocent man is out of jail. Having spent his entire life as a young man behind bars, it's not like he can pick up where he left off. I hope he can create a new life for himself...

[cbugle]

13. WTF?!

What is that picture?

[Dem2theMax]

15. LOL. I've been wondering that same thing for over two years.

:)

[GoddessOfGuinness]

17. See below...

:toast:

[Dem2theMax]

21. OK, now I see it. LOL.

I've seen NORMAL sized ones at the zoo, but this guy must eat more than his share to get to be that big. LOL.

[GoddessOfGuinness]

16. A giant anteater

Welcome to DU! :toast:

[Copperred]

11. 5MM Compensation

This is the second time in am onth I have read of a case like this..


This man shoudl recieve 5million dolalrs period, no quesutions asked from the treasury.

There needs to be compensation slated for when the Govt takes away ur life for 20 years...and truly got it all wrong......

[bluestateguy]

12. Now it's time for recriminations

Judges, cops, prosecutors, witnesses, "victims" and jurors. All of them should be investigated and someone must be harshly punished for this injustice.

As for Mr. Fappiano, he should be given enough money such that he never has to work again. It would be an injustice if he has to scrub toilets for the rest of his life to scrimp by for a living. He should be made very rich.

[Haole Girl]

18. And, just think...

the real rapist is probably still out there somewhere.

Thank God for DNA. How many innocent people are behind bars because they won't run a simple DNA test? It's a disgrace.