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   DNA tests free three convicted of murder, rape

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Topic: DNA tests free three convicted of murder, rape (Read 238 times)

Rhune
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DNA tests free three convicted of murder, rape
« on: Jun 12^th, 2003, 11:59am »

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DNA tests free three convicted of murder, rape
Thursday, June 12, 2003 Posted: 10:33 AM EDT (1433 GMT)

MINEOLA, New York (AP) -- Three men imprisoned 17 years ago for the rape and murder of a teenage girl went free -- their convictions wiped out by advanced DNA testing that failed to link them to the crime.

After being ordered to post $300,000 bail, John Kogut, 39, John Restivo, 44, and Dennis Halstead, 48, left prison Wednesday evening for the first time since 1986. They hugged dozens of waiting family members.

"It's been a battle," said Halstead. "It's been a battle from the day we were implicated in this crime. And it really shouldn't have took this much time."

On November 10, 1985, 16-year-old Theresa Fusco left her job at the Hot Skates roller rink. Her nude body, buried beneath leaves in some woods just a block from the rink, was discovered 31/2 weeks later.

The defendants were all serving 25 years to life on their convictions for second-degree murder and first-degree rape.

But DNA testing done this year determined that semen found on the victim matched none of the men, said Nassau County Chief Assistant District Attorney Patrick McCormack.

Still, McCormack said the decision to vacate the convictions "does not exonerate these defendants" and a retrial is being considered.

Restivo's lawyer, Barry Scheck, hailed the decision to vacate the convictions.

"Once again, DNA testing has exposed the tragic fact that innocent people are accused, tried and convicted on a regular basis in the American criminal justice system," Scheck said.

According to Scheck, there have been more than 130 post-conviction exonerations nationwide based on DNA evidence. Scheck is founder of the Innocence Project at Cardozo Law School in New York City.

Kogut confessed to the crime after a lengthy interrogation and implicated Restivo and Halstead, but he later recanted.

Two hairs found in Restivo's van were similar to those of the victim. Scheck says it is "junk science" to link people to crimes through microscopic comparison of hair samples.

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Addams
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Re: DNA tests free three convicted of murder, rape
« Reply #1 on: Jun 15^th, 2003, 7:31pm »

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this is the most compelling of reasons in my opinion for no capital punishment. We make mistakes. We are human too.

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Rhune
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Re: DNA tests free three convicted of murder, rape
« Reply #2 on: Jun 15^th, 2003, 8:10pm »

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Hmm.. I'm torn on the matter. I think if they match the DNA test and it's clear they committed the horrible crime, then it should be a direct walk to the gas chamber, etc. I definitely think people should at least be tested prior to taking the walk to the chamber though.

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darnchts
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Re: DNA tests free three convicted of murder, rape
« Reply #3 on: Jun 16^th, 2003, 8:38am »

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I am so torn on this subject but I tend to not support the death penalty and one of the main reasons is this one. I don't know why we have to have such asses in the world that we even have to worry about this. Sad

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Rhune
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Re: DNA tests free three convicted of murder, rape
« Reply #4 on: Jun 16^th, 2003, 9:32am »

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Having worked for 2 years with little boys and girls who were the surviving victims of people like this (like the ones who really committed the crimes), I found I fully support the death penalty. However, I would like to see dna testing and whatnot occur in rape cases, etc.

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MzWings
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Re: DNA tests free three convicted of murder, rape
« Reply #5 on: Jun 16^th, 2003, 10:05am »

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Please 'scuse my ignorance and/or brain farts as of late, but I'm a little confused on a couple of issues pertinent to this case.

1) "Three men imprisoned 17 years ago for the rape and murder of a teenage girl went free -- their convictions wiped out by advanced DNA testing that failed to link them to the crime."

If they were exonerated and/or convictions "wiped out" - why were they ordered to post $300,000 bail before their release? And why did they have to post bail at all?

2) "But DNA testing done this year determined that semen found on the victim matched none of the men..."

Further: "Still, McCormack said the decision to vacate the convictions "does not exonerate these defendants" and a retrial is being considered"

In one breath, the defendants were exonerated and in the next - they're not.

I also thought one couldn't be re-tried for the same offense. Huh

3) "Kogut confessed to the crime after a lengthy interrogation and implicated Restivo and Halstead, but he later recanted."

Wondering whether or not lie detectors were implemented?

Huh

Toldja I was confoooooosed.....

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Rhune
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Re: DNA tests free three convicted of murder, rape
« Reply #6 on: Jun 16^th, 2003, 10:12am »

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I don't think you're confused at all, I think this is a confusing case. I have heard of some instances where people can be retried, but I'm sure Addams knows more about that than I do, so I will defer to her on this one.

I assume they had to post bail because they are being retried. Technically they are still under arrest for the crime but not convicted? That's kinda my take on it.

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MzWings
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Re: DNA tests free three convicted of murder, rape
« Reply #7 on: Jun 16^th, 2003, 10:17am »

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*thud* So then....in truth - they are NOT exonerated? Huh

ADDAMSSSSSSSSSSSSSSS!?

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Addams
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Re: DNA tests free three convicted of murder, rape
« Reply #8 on: Jun 16^th, 2003, 1:28pm »

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Well addams is not a criminal lawyer nor is she knowledgeable about US law.

DNA evidence is only one type of evidence. A conviction is established on all the evidence.

If the quality of the sample used for DNA evidence has been compromised in some way then one could argue that there should be another trial and revisit ALL the evidence.

In the end however I think it would be nearly impossible to get another conviction if the DNA does not match. Were they accomplices possibly? i wondered about that. Maybe they did not perform the act of rape but were accessories (one or more of them).

I believe the prosecution will want to look at all the circumstances before making a final decision on whether they will have a new trial or not.

It is possible that the current convictions were say for rape or murder and those convictions are dropped but there may be other grounds that they will try to get new convictions on such as being an accomplice or accessory.

Over and out. did I miake it more confusing?

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MzWings
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Re: DNA tests free three convicted of murder, rape
« Reply #9 on: Jun 16^th, 2003, 2:43pm »

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I gotcha addams. Now, later in the day, I have a feeling that in some way, these young men were in someway responsible or implicated in the murder/rape.

Well, I suppose we'll not be getting to the end of this. Given the OJ and Scott Peterson (etc) cases - this will be long and drawn out.

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