Wrongly Convicted Database Record

 

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Mario Fortunato (State case)

 

Charge:

Murder

Sentence:

15 years to Life imprisonment

Years Imprisoned:

1.83

Year Crime:

1994

Year Convicted:

2008

Year Cleared:

2010

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated Released

Summary of Case:

"Mario Fortunato was wrongly convicted in 2008 of murder in the death of a man in Brooklyn, New York in 1994. Fortunato was prosecuted in state court after his federal conviction of similar charges was overturned in 2004 and he was released after a year in federal prison. On February 9, 2010 the New York Court of Appeals vacated Fortunato's conviction and ordered dismissal of his indictment on remand, on the ground the prosecution had introduced insufficient evidence to prove his guilt beyond a reasonable doubt. Fortunato was released after 22 months in state prison. On December 19, 2014 the New York State Court of Claims settled Fortunato's compensation claim for $300,000."

Conviction Caused By:

Innocence Proved By:

"On February 9, 2010 the New York Court of Appeals vacated Fortunato's conviction and ordered dismissal of his indictment on remand, on the ground the prosecution had introduced insufficient evidence to prove his guilt beyond a reasonable doubt. "

Defendant Aided By:

Compensation Awarded:

"$300,000 (New York State, Dec. 2014)"

Was Perpetrator Identified?

Age When Imprisoned:

61

Age When Released:

63

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"People v. Fortunato, 70 AD 3d 851, 894 N.Y.S.2d 152 ( NY Appellate Div., 2nd Dept. 2010)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=14152743780581623221&q=Mario+Fortunato&hl=en&as_sdt=6,48"

Information Source 2:

"Genovese mobster bakes up civil trial seeking millions for ‘unjust conviction’, By John Marzulli (staff writer), New York Daily News, December 25, 2013"

Information Location 2:

http://www.nydailynews.com/new-york/nyc-crime/mobster-bakes-trial-seeking-millions-unjust-conviction-article-1.1557910

Information Source 3:

"Brooklyn baker's mob hit sentence overturned - for the second time, By Scott Shifrel (staff writer), New York Daily News, February 13, 2010"

Information Location 3:

http://www.nydailynews.com/news/crime/brooklyn-baker-mob-hit-sentence-overturned-time-article-1.173496

Information Source 4:

"Mob associate Mario Fortunato gets $300K in settlement after being released from prison for participation in 1994 murder, By John Marzulli (Staff writer), New York Daily News, December 30, 2014"

Information Location 4:

http://www.nydailynews.com/new-york/nyc-crime/mob-associate-mario-fortunato-330k-settlement-article-1.2060356

Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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