|
Wrongly Convicted Database Record
|
Charge: |
Attempted Murder |
Sentence: |
12-1-2 to 25 years |
Years Imprisoned: |
9.6 |
Year Crime: |
1996 |
Year Convicted: |
1996 |
Year Cleared: |
2006 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Onondaga |
City of Crime: |
Clay |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Daniel G. Gristwood was wrongly convicted of second-degree attempted murder related to an attack on his 26-year-old wife Christina at their home in Clay, New York on January 12, 1996. Gristwood was 29, and he and Christina had five children after almost 10 years of marriage. Gristwood's conviction was based on his false confession to hitting his wife with a hammer after 16 hours of interrogation in a six- by eight-foot windowless room, with no food or sleep for 34 hours, without consulting with a lawyer, and after being threatened he would never be able to see his five young children again unless he cooperated. Daniel Gristwood immediately recanted his confession as coerced. After his conviction by a jury on August 20, 1996, Gristwood was given the maximum sentence of 12-1/2 to 25 years in prison. During his sentencing hearing Gristwood told the judge: "“I didn’t do this, and I miss my wife." Gristwood wrote in a letter while in prison: "“I’ve lost everything in my life – my wife, my children, my job, my freedom, everything. Why am I being railroaded like this?” The actual killer, Mastho Davis attempted beginning in August 2003 to have his confession taken seriously to the crime Gristwood was convicted of committing. Davis had a lengthy criminal record. Gristwood's lawyer discovered evidence corroborating Davis' confession, and filed a petition for a new trial. In August 2005 Judge John Brunetti -- who had presided over Gristwood's trial and sentenced him to prison -- vacated Gristwood’s conviction and ordered a new trial in ruling there was “unassailable corroboration” of Davis’ confession that he alone committed the crime. Daniel Gristwood was released on bond on August 30, 2005 after more than nine years and seven months of incarceration from the time of his arrest the day after the assault on his wife. The State did not appeal Judge Brunetti's ruling, and the Onondaga County DA's motion to dismiss Gristwood's attempted murder indictment was granted on July 20, 2006. Gristwood subsequently filed a lawsuit with the New York Court of Claims to recover monetary damages for his wrongful imprisonment. A bench trial to determine if the State was liable was held in 2011. During that trial psychologist Dr. Allison D. Redlich testified as an expert in the area of police-induced false confessions, that "based upon her review of the circumstances present in this matter ... [that Gristwood's statement] at approximately 7:00 p.m. on the evening of January 12, 1996 was not voluntarily made." On April 1, 2011 Judge Nicholas V. Midey, Jr. ruled “... that claimant has satisfied, by clear and convincing evidence, all of the requirements set forth in Court of Claims Act § 8-b(5), and is therefore entitled to a judgment against the State for unjust conviction and imprisonment, to which the State must respond in damages. A trial limited to the issue of damages will be scheduled as soon as practicable.” A trial to determine the damages was held in January 2012. On April 4, 2013 Judge Midey ruled Gristwood was entitled to total compensation of $5,485,394. The award included non-pecuniary damages of $2.7 million for loss of liberty, mental anguish and loss of family relationships while incarcerated; and $1.92 million for continuing pain and suffering that included post-incarceration psychological injuries. The award included pecuniary damages of $865,394 that was comprised of $100,000.00 to cover the cost of treatment for continuing psychological issues; $332,400 to cover lost wages, including fringe benefits, while incarcerated; $432,994 to cover post-imprisonment impairment of earning capacity. Judge Midey also ordered that 9% interest per annum was to accrue on the judgment from the date of the determination of liability on April 1, 2011. The State appealed both the finding of liability and the award of damages. On July 11, 2014 the New York Court of Appeals upheld the State's liability and the total damages awarded. The appeals court's ruling stated: "At the time of the crime, claimant lived with his wife and five young children. Claimant established that his conviction and incarceration had a catastrophic impact on his personal and family life during the period of incarceration and continuing thereafter." The State paid Gristwood approximately $7.3 million in two checks that were delivered to his lawyer on September 5, 2014 -- $5,485,394 plus $1.8 million in interest from April 1, 2011. Gristwood received about $4.4 million after payment of $2.9 million in legal fees. At the time he told The Post-Standard (Syracuse, NY) that he was going to put 90% of the money into trusts for his five children. Gristwood died of lung cancer on January 3, 2015 at the age of 48. Gristwood’s wife Christina, who suffered a brain injury in the 1996 assault and divorced him while he was in prison, died on April 2, 2014. She was 44. Daniel and Christina Gristwood were survived by their five children: Joseph, Ashly, Dan Jr., Jake Sr., and Amber." |
Conviction Caused By: |
Police misconduct of coercing a confession. |
Innocence Proved By: |
"The Onondaga County DA decided there was insufficient evidence to retry Gristwood, and the DA's motion to dismiss the attempted murder charge was granted on July 20, 2006." |
Defendant Aided By: |
|
Compensation Awarded: |
"$7.3 million (State of New York, Sept. 2014)" |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
29 |
Age When Released: |
39 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Gristwood v. State, 119 AD 3d 1414, 990 N.Y.S.2d 386 (NY Appellate Div., 4th Dept. 2014) (7-15-2014, Affirming award by Court of Claims.)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=14422944742860724787&q=Daniel+Gristwood&hl=en&as_sdt=6,48" |
Information Source 2: |
"Gristwood v. State of New York, 2013 NY Slip Op 50737 (NY Court of Claims 2013) (April 4, 2013, granting Gristwood's compensation claim.)" |
Information Location 2: |
"http://scholar.google.com/scholar_case?case=14422944742860724787&q=Daniel+Gristwood&hl=en&as_sdt=6,48" |
Information Source 3: |
"Gristwood v. The State of New York, No. 2011-009-109, Claim No. 114040 (April 1, 2011 ruling finding the State’s liability for damages.)" |
Information Location 3: |
http://vertumnus.courts.state.ny.us/claims/html/2011-009-109.html |
Information Source 4: |
"An 'open and shut case' vs. an innocent man: Daniel Gristwood was imprisoned 9 years for beatinig his wife, but N.Y. state police had it wrong, By John O'Brien (staff), The Post-Standard (Syracuse, NY), October 9, 2011" |
Information Location 4: |
http://www.syracuse.com/news/index.ssf/2011/10/an_open_and_shut_case_against.html |
Information Source 5: |
"New York finally pays wrongly convicted man: $7.3 million for nine years in prison, By John O'Brien (Staff writer), The Post-Standard (Syracuse, NY), September 11, 2014" |
Information Location 5: |
http://www.syracuse.com/news/index.ssf/2014/09/wrongly_convicted_man_gets_73_million_from_new_york_state_for_nine_years_in_pris.html#incart_story_package |
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org