Wrongly Convicted Database Record

 

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Barry Gibbs

 

Charge:

Murder

Sentence:

Life Imprisonment

Years Imprisoned:

19

Year Crime:

1986

Year Convicted:

1988

Year Cleared:

2005

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:

"Barry Gibbs was wrongly convicted in 1988 of the 1986 murder of a prostitute whose body was dumbed on New York City's Belt Parkway. Gibbs was convicted solely on the testimony of one eyewitness, who in 2005 recanted, explaining that the police investigator involved in he case forced him to lie. The witness picked Gibbs out of a lineup at the urging of the police investigator, former NYPD Detective Louis J Eppolito, who was indicted in March 2005 along with his former partner for being a killer on the payroll of the Luchese crime family. When Eppolito's Las Vegas home was searched the FBI found Gibbs file. Based on the new evidence Gibbs conviction was overturned on Septmeber 29, 2005, and he was released. Gibbs filed a compensation lawsuit with the New York Court of Claims, which awarded him $1.9 million. Gibbs filed a federal civil rights lawsuit against New York City. On June 3, 2010 Gibbs reach a settlement with the city for $9.9 million. The settlement was six days after the city's Motion for Summary Judgment was denied, and the city was ruled liable for the actions of its police officers."

Conviction Caused By:

Perjury by the eyewitness suborned by the police investigator involved in the case.

Innocence Proved By:

"Conviction vacated when the prosecution's sole witness recanted his testimony as coerced by the police, and it was discovered the investigating officer was on the payroll of the Luchese crime family."

Defendant Aided By:

Innocence Project of New York

Compensation Awarded:

"$11.8 million total ($1.9 million (State of New York), and $9.9 million (City of New York, June 2010)"

Was Perpetrator Identified?

Age When Imprisoned:

38

Age When Released:

57

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Wrongly Convicted in '88 Freed in '05, Alan Feuer (staff), New York Times, September 30, 2005"

Information Location 1:

http://www.nytimes.com/2005/09/30/nyregion/30cops.html

Information Source 2:

"City to Pay $10 Million to Man Framed for Murder, By A.G. Sulzberger, The New York Times, June 3, 2010"

Information Location 2:

http://cityroom.blogs.nytimes.com/2010/06/03/city-pays-10-million-to-man-framed-for-murder/

Information Source 3:

Information Location 3:

http://www.nylj.com/nylawyer/adgifs/decisions/060410glasser.pdf

Information Source 4:

Information Location 4:

Information Source 5:

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

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