Wrongly Convicted Database Record

 

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Lee Long

 

Charge:

Rape and Robbery (including burglary)

Sentence:

8 to 24 years

Years Imprisoned:

6

Year Crime:

1994

Year Convicted:

1995

Year Cleared:

2000

U.S. State or Country of Crime:

New York

County or Region of Crime:

Queens

City of Crime:

New York City

Result:

Judicially Exonerated Released

Summary of Case:

"Lee Long was wrongly convicted in March 1995 of a 1994 rape and robbery based on the eyewitness error of the victim, who claimed she "felt" that Lee Long was her attacker. A policeman investigating the crime verified Long's alibi, but the information wasn't provided to his lawyer. In 1999 the Legal Aid Society was preparing an appeal for Long when it learned of the undisclosed alibi that had been verified. When his conviction was reversed in June 2000, State Sup Ct. Justice Joseph G. Golla, the judge said: "The wrong man was convicted." Long retained Barry Scheck's law firm, Cochran, Neufeld and Scheck, to obtain compensation under New York state's law. A claim that lacked a signature was filed just before expiration of the deadline and a corrected application was rejected by the state as untimely. Long sued the law firm for malpractice, and in November 2006 agreed to a settlement of $900,000. Long will also settled a federal civil rights lawsuit against the City of New York in November 2006 for $50,000. Long filed a claim on June 26, 2002 under New York's Unjust Conviction and Imprisonment Act, however it was dismissed on the procedural grounds that his claim was time-barred and he had not personally verified the claim. Long appealed, and on July 5, 2006 the New York Court of Appeals affirmed the dismissal of his claim."

Conviction Caused By:

Eyewitness error

Innocence Proved By:

Long's trial lawyer was informed that police had verified his alibi.

Defendant Aided By:

Compensation Awarded:

"$950,000 total. $900,000 (Malpractice lawsuit against lawfirm of Cochran, Neufeld and Scheck, Nov 2006) and $50,000 (City of New York, Nov 2006)"

Was Perpetrator Identified?

Age When Imprisoned:

34

Age When Released:

40

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Wrong man in money - law firm pays 900k, By Stefanie Cohen, New York Post, November 21, 2006"

Information Location 1:

http://www.nypost.com/seven/11212006/news/regionalnews/wrong_man_in_money_regionalnews_stefanie_cohen.htm

Information Source 2:

"Attorney settles malpractice case, admits no wrongdoing, By Joseph Goldstein, The New York Sun, November 21, 2006"

Information Location 2:

http://www.nysun.com/article/43871

Information Source 3:

"The New York Times, June 29, 2000"

Information Location 3:

Information Source 4:

"Long v State of New York, 2006 NY Slip Op 05231 [7 NY3d 269] (NY Ct. of Appeals, July 5, 2006) (Affirming dismissal of compensation claim.)"

Information Location 4:

http://www.courts.state.ny.us/reporter/3dseries/2006/2006_05231.htm

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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