NY - Framed man Barry Gibbs freed after 19 years

[Jules]

NEW YORK (AP) -- Barry Gibbs was a forgotten man convicted of a forgotten crime he said he never committed: the 1986 slaying of a prostitute in Brooklyn.

It took a more memorable case -- the arrest earlier this year of a former detective on charges he doubled as a mob hit man -- for authorities to finally listen to Gibbs.

On Thursday, a judge threw out Gibbs' 1988 murder conviction and released him based on new evidence that the same detective coerced a witness into identifying him as the killer.

"I knew I was innocent," Gibbs, 57, said at a crowded news conference at his lawyers' office. "I just had to make people believe."

http://www.cnn.com/2005/LAW/09/30/mafia.cop.ap/index.html

 

[CyberLaw]

Well I am very glad that he did not get the death penalty........

He has a very good case for a lawsuit.......

 

[ariel7]

Well I am very glad that he did not get the death penalty........

He has a very good case for a lawsuit.......

ME TOO!!!!

love,

Ariel

 

[MistyGirl]

Itis pretty sad, this guys whole life has been ruin because a police officer lied and now this poor man has nothing. Our system sure if f@#$ed up. People who should get punished dont and those who shouldn't do.

 

[Jules]

Itis pretty sad, this guys whole life has been ruin because a police officer lied and now this poor man has nothing. Our system sure if f@#$ed up. People who should get punished dont and those who shouldn't do.

Have no dount - he will have plenty soon enough. Great case for a HUGE lawsuit - and rightfully so.

 

[fran]

IMO, as long as he doesn't try to get too much, he should have no problem getting enough to take care of him for the rest of his life. The fact that he was gainfully employed at the time of his arrest will work in his favor. Two million would be adequate, IMO. Too bad they can't give him back those lost years.

What a shame these bad cops make it hard on all the good ones.

JMHO
fran

http://www.justicedenied.org/issue/issue_25/6_million_to_wrongly_convicted.html

New York and California are two of only 15 states that pay damages to wrongfully convicted defendants. Additionally, most states cap awards; New York does not. However, the Court of Claims does not allow for punitive damages and cases are heard only by a judge, no jury.




Remuneration for wrongful convictions does not come easily. Even in New York, which is believed to have the most generous legislative compensatory scheme, awards are rare. Of the 201 wrongfully convicted persons who have brought suit in the Court of Claims since 1985, only 12 were awarded compensation by the court, with awards ranging from $40,000 to $1.9 million. Another 15 reached settlements ranging from $6,750 to $2 million. The remainder received nothing.

 

[Jules]

Hey Fran, interesting info. Thanks for posting that. I'm wondering if the length of sentence has anything to do with the low number of those awarded compensation? I would imagine many that file are ones that have spent little time - just looking to make a buck. IMO, someone who spends 19 years ought to get something - especially when it was a cop who set him up to be convicted. If nothing else, he could file suit against the cop and department.

 

[sandraladeda]

Well I am very glad that he did not get the death penalty........

Great case to point out the folly of the death penalty - innocent people DO get wrongly convicted...:razz:

 

[CyberLaw]

The man has a great case against, the cops, city of New York and State of New York.

He worked a postie, he lost his whole life, was "set up", and now has nothing to show for the past 19 years. No promotion, no paycheque, no pension, no home, no furniture, no skills, no training and he is 54 and has to start all over again.

Also he can claim for any "hardship" and abuse that he suffered in Prison and any damaging "mental" problems that he might have suffered.

He is in line for "hopefully" a good compensation..........he was 35 when convicted and employed, now he is 54 and unemployed........

 

[SewingDeb]

I hope he will be compensated royally. It will be hard for him to start over at 54.