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Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
26 |
Year Crime: |
1977 |
Year Convicted: |
1983 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Dutchess |
City of Crime: |
Poughkeepsie |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Dewey Bozella was wrongly convicted in 1983, and again in 1990 after a retrial, of the June 14, 1977 murder of 92-year-old Emma Crapser at her apartment in Poughkeepsie, New York. At the time of the murder he was 18 years old. The key evidence against Dewey Bozella was the testimony of two convicted felons and police informants who were rewarded by the prosecution for their testimony. Bozella was sentenced to life in prison. In 2008 Bozella's pro bono lawyer discovered exculpatory documents that the prosecution had failed to turn over prior to his trials. Bozella filed a motion for a new trial, and after it was denied by the New York State courts, he filed a federal writ of habeas corpus. His conviction was overturned by a federal judge on October 14, 2009, on the basis that the prosecution did not disclose exculpatory evidence prior to his trial (Brady violation). The Dutchess County DA's motion to dismiss Bozella's indictment was granted and he was released on October 28, 2009 after more than 26 years of incarceration. In 2010 Bozella filed a $25 million lawsuit against Dutchess County and former Assistant District Attorney William O’Neill, alleging his conviction violated his constitutional rights to due process. On Monday, February 9, 2015 the Dutchess County Legislature voted to settle Bozella's lawsuit for $7.575 million. Bozella’s lawyers at the firm WilmerHale took his case as a pro bono project, so the entire $7.5 million wias to be paid to Dewey Bozella." |
Conviction Caused By: |
"Perjurious testimony by the prosecution's two key witnesses, but informants rewarded for their testimony." |
Innocence Proved By: |
"Conviction overturned by a federal judge on October 14, 2009, on the basis that the prosecution did not disclose exculpatory evidence prior to his trial (Brady violation). The Dutchess County DA's motion to dismiss Bozella's indictment was granted and he was released on October 28, 2009." |
Defendant Aided By: |
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Compensation Awarded: |
"$7.575 million (Dutchess County, Feb 10, 2014)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
24 |
Age When Released: |
50 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
Dewey Bozella freed after 26 years in prison on murder conviction - Mid-Hudson News - 10-28-2009 |
Information Location 1: |
http://www.midhudsonnews.com/News/2009/October09/28/Bozella_free-28Oct09.htm |
Information Source 2: |
"Man convicted of 1977 Poughkeepsie murder set free, Poughkeepsie Journal, October 28, 2009" |
Information Location 2: |
http://www.poughkeepsiejournal.com/article/20091028/NEWS01/91028008/1006/news01 |
Information Source 3: |
"Judge - Man convicted in murder entitled to 3rd trial, Poughkeepsie Journal, October 18, 2009" |
Information Location 3: |
http://www.poughkeepsiejournal.com/article/20091018/NEWS05/910180365 |
Information Source 4: |
"Dutchess County Legislature to vote on $7.5 million deal to settle Dewey Bozella suit, By Patricia Doxsey (Staff), Daily Freeman, February 9, 2015" |
Information Location 4: |
http://www.dailyfreeman.com/general-news/20150209/dutchess-county-legislature-to-vote-on-75-million-deal-to-settle-dewey-bozella-suit |
Information Source 5: |
"Dutchess County to Pay Brooklyn Native $7.5 Million for Wrongful Murder Conviction, By Joseph Bergerfeb, February 11, 2015" |
Information Location 5: |
http://www.nytimes.com/2015/02/12/nyregion/dewey-bozella-wrongful-conviction-settlement.html?_r=0 |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org