Edward Garry’s case in the spotlight: New evidence implicates true killer in 1995 Bronx Murder

Edward Garry’s hearing has concluded and EXI is working on our post-hearing briefing. We are hoping for good news this spring.

An article about Garry’s case appeared in the October 24th issue of the New Yorker entitled “An Ex-cop’s Remorse”. It discusses how Peter Forcelli, the detective who arrested Garry in 1995 and received a commendation for the arrest, and how he has since come to believe and testify that Garry is innocent.

Edward was wrongfully convicted of murdering a retired NYPD detective in the Bronx in 1995. He is serving the 19th year of a 25-year-to-life sentence. EXI’s investigation and FOIL litigation led to the discovery of the real killer. With assistance from the United States Attorney’s Office for the Southern District of New York, EXI put forth testimony at Edward’s 440 hearing from federal agents, an Assistant United States Attorney, and a federal cooperator, which all implicated the true killer. As the litigation continues, so does our fight to exonerate Edward.

garry

Former NYPD Det. Peter Forcelli (left) and Edward Garry Photo: Richard Harbus (New York Post)

 

An Ex-cop’s Remorse – The New Yorker 

Read more about Edward Garry’s  case in the New York Post

EXI Client Richard Rosario Exonerated, But Refuses to Accept Imperfect Justice

EXI client Richard Rosario was freed from prison on March 23, 2016, on consent of the prosecution, based on ineffective assistance of counsel for failure to advance his compelling alibi evidence.  He returned to court on June 24, 2016 to find out the prosecution’s decision on whether to retry his case. The prosecution announced that it intended to dismiss the murder indictment, clearing Rosario once and for all, however it refused to acknowledge his innocence.  In a stunning move, Rosario rejected the prosecution’s dismissal as unacceptable to remedy the injustice he endured by virtue of his wrongful conviction. Citing a lack of transparency in the prosecution’s investigation and a desire to be fully vindicated, Rosario told the Court that the justice system had failed both him and the murder victim, and that the truth had not yet been revealed.  In response to Rosario’s unprecedented position, the Court postponed the dismissal of the indictment. Rosario was officially exonerated on November 14 after the murder charges against him had been dismissed.

NBC News

NBC News

Watch Rosario on NBC Nightly News with Lester Holt

EXI’s Third Annual Benefit

Join the Exoneration Initiative for our third annual benefit on November 14, 2016 at the Loft at Tribeca Grill at 6pm.

Purchase tickets online here or send a check to our office.

Please contact Krissy at kreimels@exi.org or call our office with any questions.

EXI CLIENT LAVELL JONES EXONERATED, FREED FROM PRISON

EXI client Lavell Jones was convicted of a 1997 Albany homicide he did not commit based solely on his false confession, obtained after more than 36 hours of interrogation, which he later recanted. No witnesses or physical evidence tied him to the crime.  EXI began working on Lavell’s case in 2011.  In 2014, a man named Jeffrey Conrad was arrested in Ohio for an unrelated murder and confessed that he alone committed the murder for which Lavell and his codefendant, Carl Dukes, had been in prison for almost 19 years.  Conrad knew details that only the true killer would know, and his confession is corroborated by information from the original police investigation into the homicide.  EXI filed a motion on behalf of Lavell based on newly discovered evidence, actual innocence, and police misconduct, and Carl’s attorney followed with a motion on his behalf.  The prosecution consented to vacate their convictions and dismiss the case based on newly discovered evidence, and on July 7, 2016, Lavell and Carl were finally exonerated and left the Albany County Courthouse as free men.

Paul Bukowski/Albany Times Union

Paul Bukowski/Albany Times Union

Read More About Lavell and Carl’s Exoneration in the Albany Times Union

EXI Remembers Anne Feldman, Case Manager

It is with great sadness and gratitude that EXI remembers Anne Feldman, who volunteered her time and expertise as EXI’s case manager from 2008 until a few months ago.  Anne’s roots were always in public service; before she became a judge, she volunteered for causes like the NAACP and was a Hearing Director for the Commission on Human Rights.  She began her work with EXI after retiring from 30 years on the bench in the Supreme Court of New York.  In her time here, she was a force to be reckoned with – she fought passionately for EXI clients, was an invaluable member of our team, and was instrumental in the growth and development of our nonprofit. Anne’s wisdom, humor, and commitment to our cause will live on at EXI as we continue to honor her memory by fighting to free the forgotten in New York.

Group photo with Anne resized

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