Wrongly Convicted Database Record

 

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Freddie Peacock

 

Charge:

Rape

Sentence:

5 to 20 years

Years Imprisoned:

5.5

Year Crime:

1977

Year Convicted:

1977

Year Cleared:

2010

U.S. State or Country of Crime:

New York

County or Region of Crime:

Monroe

City of Crime:

Rochester

Result:

Judicially Exonerated

Summary of Case:

"Freddie Peacock was wrongly convicted in 1977 of raping a woman who lived in the same apartment building as Peacock in Rochester, New York. Peacock was severely mentally ill, and his prosecution was based on his identification by the victim and his alleged confession to a Rochester police officer that wasn't recorded. Peacock's defense was that he didn't commit the rape and that he never confessed. After his conviction by a jury Peacock was sentenced to 5 to 20 years in prison. Peacock was released on parole in 1982. Post-conviction DNA testing excluded Peacock as the woman's assailant, and his conviction was overturned and the charges dismissed in 2010. Peacock filed a federal civil rights lawsuit in 2013 that named as defendants the City of Rochester, the Rochester Police Department, and former police officers involved in his case. In May 2016 U.S. District Court Judge Michael Telesca ruled that a "reasonable jury" could determine that a Rochester police officer fabricated Peacock's alleged confession "out of whole cloth." In July 2016 the city and Peacock agreed to allow Judge Telesca to determine the amount of damages Peacock should be awarded. On August 5, 2016 Judge Telesca ruled that Peacock should receive $6.2 million for emotional harm, lost wages, and other damages. Peacock was represented in his lawsuit by the law firm of Peter Neufeld, Barry Scheck, & Nick Brustin (NS&B)."

Conviction Caused By:

"A false confession that was either fabricated out of whole cloth by a Rochester police officer, or that was false and extracted by police due to Peacock's severe mental illness."

Innocence Proved By:

"Post-conviction DNA testing excluded Peacock as the woman's assailant, and his conviction was overturned and the charges dismissed in 2010."

Defendant Aided By:

"Innocence Project at Cordozo School of Law. Represented in his lawsuit by the law firm of Peter Neufeld, Barry Scheck, & Nick Brustin (NS&B)."

Compensation Awarded:

"$6,200,000 (City of Rochester, August 5, 2016)"

Was Perpetrator Identified?

Age When Imprisoned:

25

Age When Released:

30

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Vindication Now Arrives After a Battle of 28 Years, By A. G. Sulzberger (staff), The New York Times, February 4, 2010"

Information Location 1:

http://www.nytimes.com/2010/02/05/nyregion/05dna.html

Information Source 2:

"DNA evidence exonerates NY man of 1976 rape, By Ben Dobbin (AP writer), The Seattle Times, February 4, 2010"

Information Location 2:

http://seattletimes.nwsource.com/html/nationworld/2010985651_apusclearedafterdecadesdna.html

Information Source 3:

"Man wrongly convicted for rape gets $6.2 million, By Gary Craig (Staff writer), Democrat & Chronicle (Rochester, NY), August 8, 2016"

Information Location 3:

http://www.democratandchronicle.com/story/news/2016/08/08/man-wrongly-convicted-rape-gets-62-million/88351290/

Information Source 4:

"Judge to decide award for wrongly convicted man, By Gary Craig (Staff writer), Democrat & Chronicle (Rochester, NY), July 7, 2016"

Information Location 4:

http://www.democratandchronicle.com/story/news/2016/07/06/judge-decide-award-wrongly-convicted-man/86745380/

Information Source 5:

"Rape Confession Possibly Fabricated Federal Judge Says, By Gary Craig (Staff writer), Democrat & Chronicle (Rochester, NY), May 5, 2016"

Information Location 5:

http://www.democratandchronicle.com/story/news/2016/05/05/rape-confession-possibly-fabricated-federal-judge-says/83969432/

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

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