|
NEW YORK -
Prosecutors asked a judge Thursday to throw out the convictions of
five young men found guilty of beating and gang-raping a jogger
during a 1989 "wilding" spree in Central Park.
District
Attorney Robert Morgenthau's recommendation came 11 months after a
convicted rapist who had not come under suspicion in the case
confessed. Also, DNA tests confirmed that his semen was on one
of the socks the victim was wearing 13 years
ago.
Morgenthau
stopped short of declaring the five innocent but said the confession
and the tests create "a probability that the verdicts would have
been more favorable to the defendants." He said no purpose
would be served by retrying them.
The
decision of whether to throw out the convictions rests with state
Justice Charles Tejada, who is expected to rule by Feb.
6.
The attack
on a white 28-year-old investment banker, allegedly by a gang of
black and Hispanic boys from Harlem, became a symbol of New York
City's struggles with crime and race relations in the late
1980s.
The five
defendants, who were 14 to 16 at the time of the attack, are mostly
in their late 20s and have completed prison terms from six years to
11-1/2 years for the crime.
Throwing
out their convictions could clear the way for them to sue the city
and would free them from having to register as sex offenders for the
rest of their lives.
Their
families and lawyers called for an immediate ruling from the
judge.
"We are
truly moved by this decision," said Sharonne Salaam, mother of one
of the youths. "But we also feel like we've been victimized,
like the Central Park jogger. We all feel we were denied
justice."
Through a
spokeswoman, the victim declined comment. She has recovered
from brain injuries, but she has said she remembers nothing of the
attack and was unable to help police identify
suspects.
The victim
was left for dead in a pool of mud and blood on April 19, 1989,
after dozens of teenagers descended on he park to mug runner sand
bicyclists in a crime spree dubbed "wilding." She was in a
coma for 12 days.
The crime
came during a string of racial incidents, including Bernhard Goetz's
shooting of black youths on the subway and attacks in the Howard
Beach and Bensonhurst neighborhoods.
Some
questioned whether the Central Park youths were rounded up because
of their skin color and suggested police would not have pursued the
case so aggressively had the victim been black or
Hispanic.
Police
said all five confessed, four of them on video.
"We all
took turns getting on top of her," Antron McCray, then 15, told
police in one tape.
Defense
attorneys said the youths were coerced into bogus confessions by
police who kept questioning them for hours. But until
January's confession, little chance existed of overturning the
convictions against McCray, Kevin Richardson, Raymond Santana,
Kharey Wise and Yuself Salaam.
The
confession came from Matias Reyes, 31, who is serving a life
sentence for raping three women near Central Park and raping and
killing a pregnant woman. He said he broke his long silence
after finding religion.
Reyes told
investigators he raped the jogger, crushed he skull with a rock and
left her for dead. He said he followed his usual pattern
of acting alone.
DNA test
results returned in May corroborated his story, and Morgenthau said
one of Reyes' pubic hairs was found at the
scene.
The former
prosecutor in the case, Linda Fairstein, recently said that she has
no doubts the five are guilty and that Reyes finished the
assault.
At trial,
the only physical evidence connecting the boys to the attack was
blond hair found on one of the youths that prosecutors said matched
that of the victim. But Morgenthau said new tests showed the
hair was not hers.
DNA
could throw verdict - Citing new DNA evidence, New York's district
attorney recommended that the five defendants convicted of raping a
jogger in Central Park in 1989 be exonerated. April 19, 1989 -
Female jogger raped and left for dead in Central Park. Five
teenage suspects make incriminating statements and are arraigned
four days later. July 16, 1990 - Jogger testifies and has no
recollection of attack. August 18 - After two trials between
the five youths, four are convicted with rape and the fifth with
sexual abuse. January 2002 - Serial rapist Matias Reyes
confesses to the rape alone. DNA evidence shows semen samples
from the scene belong to him. December 5 - District Attorney
Robert Morgenthau recommends rape convictions to be vacated against
all five
defendants. |