Those Legal Catch-22s Will Get You Every Time…
April 3, 2007 (8 Responses)
IMAGINE YOU WERE convicted of a rape offence and then sentanced to imprisonment, even though you were completely innocent of the crime. Yeah I know, not too much of a stretch given most of the legal systems on the planet (which now seem more about publicity and stunts than actual law or justice), but I’m referring to a very specific case here.
In 1985 Anthony Capozzi was arrested – and then convicted in 1987 – for two rape offences. Capozzi always proclaimed his innocence, but the poor sod was picked from a lineup and before you know it he was in prison for 22 years. The rape convictions that put Capozzi in jail for all this time were erased this week because of recently found DNA evidence that tied the crimes to another man.
Now, unlike some other legal systems (I’m thinking of the Thai system here in particular) where you can seemingly fight your way out of the so-called Bangkok Hilton prison to an early release whether you were guilty or not, in Capozzi’s case it was impossible for him to ever obtain early parole simply because he was innocent of the crimes he had been accused of.
Confused yet?
You see Capozzi had been denied parole five times since becoming eligible in 1997 due to his refusal to admit to the crimes in question. This then made it impossible to complete a mandatory sex offender program, which is of couse a pre-requisite for any early parole or release. So basically, he could maintain his innocence at the expense of his freedom, or admit to a crime he never committed at the expense of his integrity… quite a catch 22 indeed.
The poor sod has wasted his last 22 years in prison, become schizophrenic and was recently transferred from the prison to the Central New York Psychiatric Center, so you know the remainder of his life is just going to be a bed of roses. His legal beagle is going to sue the state to try to help fund his remaining years of care, however there is a real sting in the tail of this story.
Capozzi had been arrested and picked out of a lineup because – at that time back in ’85 – he looked like the rapist (who authorities now know to be Altemio Sanchez). DNA evidence has confirmed that Sanchez is the actual rapist in this case but, and this is where it gets really crazy, due to the five-year statute of limitations rule he cannot be prosecuted for these crimes.
If you want law, publicity and a large bank balance deficit – hire a legal beagle, go to court and throw the dice.
If you want justice, go out and buy yourself a baseball bat.
Ain’t legal systems wonderful?
Poor guy. The poor women too; not only do they get to live with the fact that not only did they put the wrong guy in jail for twenty two years resulting in his own insanity, but the REAL bastard isn’t even going to ever get punished for it!
I’m not sure about New York, but most states in the US have a provision for the Governor to issue pardons whether all the prerequisites have been met or not. That’s supposed to be the safety valve in cases like this.
Of course, it doesn’t always work. There’s a certain Texas ex-governor and Village Idiot who refused to issue several pardons in similar cases and those folks went in for the long last plunge of the needle.
Like my Dad says, “When you go to court, it’s not a case of who’s right or wrong, it’s a case of who has the best bullshit.”
Wise man, me ol’ Dad.
Isn’t this what a judge is for? You know, to, uh, JUDGE that the law is incorrect?
It is. But sometimes the rules of law tie the hands of the judge. I think that’s the problem.
Law has become technical. We don’t allow judges to judge anymore, now they’re analysts. Law only works when someone with common sense weighs right and wrong and works out a fit response. But now, we’ve defined everything at such a fine granularity, common sense CAN’T apply.
We’re all worse off for it.
Oh good lord…. This story is just so sad on so many levels. I hate to think that it’s true. They completely ruined this man’s life. I don’t even know what to say.
Illo: It’s true all right; I picked up the source from a CNN online news item. Thing is – once you go the court route it’s really just a crap shoot, and it’s down to who has the best legal beagles. Right and wrong doesn’t really come in to it at that point; which is the really scary thing.
OP: Couldn’t agree more. Common sense is the last resort these days for most people, or so it seems.
He’s being freed.
http://www.wkbw.com/Story.aspx?NStoryID=18924
Yes he’s being freed now but at what cost? Like coyote already wrote, he’s been there for 22 years! And he’s become schizophrenic! It’s not exactly water under the bridge. Poor man