Wrongly Convicted Database Record

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John Kogut


Years Imprisoned:

17

Charge:

Murder and Rape

Sentence:

31-1/2 years to life

Year Convicted:

1986

Year Cleared:

2005

Location of Trial:

New York

Result:

Judicially Exonerated Released

Summary of Case:

John Kogut, John Restivo and Dennis Halstead were codefendants wrongly convicted in 1986 of the rape and murder of a 15-year-old girl who was abducted on November 11, 1984 based on Kogut's confession in which he implicated Restivo and Halstead. Kogut retracted his confession as coerced. Kogut was convicted in May 1986, and later that year Restivo and Halstead were jointly tried and convicted. All three men were sentenced to 33-1/3 years to life in prison. Kogut had confessed falsely on video tape. DNA tests in 2003 excluded the three men as the girl's attacker. Kogut was released on bail. On December 21, 2005 Kogut was found not guilty after a retrial. Restivo and Halstead were later released on bail. On December 29, 2005, the charges were dropped against Restivo and Halstead for a lack of evidence. Restivo and Halstead had been wrongly imprisoned for 18 years. Kogut for 17 years.

Conviction Caused By:

False confession by John Kogut implicating co-defendant's John Restivo and Dennis Halstead that he later recanted.

Innocence Proved By:

DNA test excluded the three co-defendant's as the girl's assailant.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Found?

Age When Imprisoned:

21

Age When Released:

39

Information Source 1:

John Kogut, John Restivo and Dennis Halstead

Information Location 1:

http://www.centurionministries.org/cases/dennis-halstead-john-kogut-and-john-restivo/

Information Source 2:

After 17 years, DNA evidence frees inmates, USA Today, June 12, 2003

Information Location 2:

Information Source 3:

DNA Evidence Leads L.I. Judge to Vacate Murder, Rape Convictions After 17, Years, New York Law Journal, June 12, 2003

Information Location 3:

Information Source 4:

Two Men Cleared in 1984 Murder, Newsday, December 29, 2005

Information Location 4:

http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--dnarapeconviction1229dec29,0,2219217.story?coll=ny-region-apnewyork

Information Source 5:

John Kogut, John Restivo and Dennis Halstead, by Elisabeth Wetsch, CrimeZZZ.net, 2005

Information Location 5:

http://www.crimezzz.net/serialkillers/H/HALSTEAD_dennis_KOGUT_john_RESTIVO_john.php

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