Wrongly Convicted Database Record
|
Charge: |
Attempted Murder |
Sentence: |
15 years |
Years Imprisoned: |
3 |
Year Crime: |
1986 |
Year Convicted: |
1987 |
Year Cleared: |
1990 |
U.S. State or Country of Crime: |
Florida |
County or Region of Crime: |
Martin |
City of Crime: |
River Pines |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Todd Neely was 18 when he was wrongly convicted in January 1987 of attempted murder for a superficial stab wound inflicted on 24-year-old Linda Zavatky during the attempted rape of her in her Stuart, Florida apartment on June 17, 1986. Neely rejected a pre-trial plea bargain of reduced charges that would have resulted in no jail time. He had what he thought was an airtight alibi -- at the time of the assault at 9 p.m. he was having dinner at the Lobster Shanty 11 miles north of Zavatkay's apartment. He was with his mother, his sister and a family friend, the waitress remembered them, and they had a computer stamped receipt when they paid their bill that they were seated at 8:26 p.m. and paid the bill at 9:31 p.m. Zavatky called 911 at 9:12 p.m. to report she had been assaulted 10 minutes earlier. Nevertheless, in a bench trial the judge found Neely guilty based on the testimony of the victim and her boyfriend. Neely's lawyers discovered after his trial that the prosecution had concealed the exculpatory evidence that several people had identified the composite drawing of the assailant from the descriptions of the victim and her boyfriend matched a teenager by the name of Dennis Raether, and that several witnesses told police that Raether had bragged to them about committing the crime. Based on the new evidence Neely's conviction was overturned by the Florida Court of Appeal for the 4th District on June 27, 1990. The prosecution declined to retry Neely and the charges were dismissed." |
Conviction Caused By: |
|
Innocence Proved By: |
"After the Florida Court of Appeals for the 4th District overturned Neely's conviction on June 27, 1990 and ordered a new trial, the prosecution declined to retry him and the charges were dismissed." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
18 |
Age When Released: |
22 |
Sex: |
Male |
Skin/Ethnicity: |
|
Information Source 1: |
"Victim Of The State's Bottomless Pockets, James J Kilpatrick (syndicated columnist), The Seattle Times, July 12, 1990" |
Information Location 1: |
http://community.seattletimes.nwsource.com/archive/?date=19900712&slug=1081843 |
Information Source 2: |
"The Wrong Man Todd Neely Had A Perfect Alibi. He Had Faith In The System. He Had Everything But The Right Verdict. How Could This Happen? It's Easier Than You Think, By Michael McLeod (staff writer), The Orlando Sentinel, November 11, 1990." |
Information Location 2: |
http://articles.orlandosentinel.com/1990-11-11/news/9011081061_1_todd-neely-attacker |
Information Source 3: |
"Prosecutors Get Wrong Man, Drop Case, By John Grogan (staff), August 25, 1990" |
Information Location 3: |
http://articles.sun-sentinel.com/1990-08-25/news/9002100703_1_prosecutors-evidence-martin-county |
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
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