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DNA Test Frees Jailed Trio After 18 Years

Josh

Lifer
For the first time in 18 years, John Kogut, John Restivo and Dennis Halstead stepped out into the arms of their relatives as free men. Each had been convicted in the murder of 16-year-old Theresa Fusco, whose nude body was found on Dec. 5, 1984, buried under a wooden pallet covered by leaves in a wooded area of Long Island, N.Y.

The teen had been raped and strangled, and her body was left near the Long Island roller skating rink where she had worked. Several months later prosecutors charged Kogut, Restivo, and Halstead. The three were later convicted on rape and murder charges and sentenced to more than 30 years in prison.

But new DNA evidence showed that semen found on Fusco's body was from another man.

John Restivo was 27 when he went to prison. Now, at 44, he's enjoying his freedom and his mother's pasta dinner for the first time in 18 years.

"For years ? someone would ask me 'how I'm doing today?' I'd say 'not good, I woke up on the wrong side of the wall this morning.' Yesterday I was able to say, I woke up on the right side of the wall this morning," Restvio told ABCNEWS' Good Morning America.

Kogut, who was 22 when he went to prison, is now 39. He and his fiancee grew apart while he was in prison and are now trying to salvage their relationship.

"We're working on seeing if we can work this out and get back together and see what happens," Kogurt said.

Now 48 and a Grandfather of Four

Halstead went to prison when he was 31. He is now 48, and became a grandfather of four while he was behind bars.

"Naturally, there will be anger and bitterness ? something I'm going to have to deal with, but I just want to go on with my life and try to make it through, one day at a time," Halstead said. "It's going to take a long time to build my life."

From the start, the men insisted that they were innocent and that the case against them hinged on a coerced confession.

Defense lawyers said that Kogut gave a videotaped confession, only after more than 18 hours of interrogation and sleep deprivation. In it, he said that Fusco had gotten into a van with him and the two other men. The three sometimes worked for a moving company that Restivo's family owned.

In his confession, Kogut said that the four had driven to a nearby cemetery where Restivo and Halstead raped Fusco and convinced him to strangle her. They then dumped the body near the skating rink, he told police.

Kogut later recanted the confession, but it, coupled with testimony of several inmates was enough to get a conviction against all three at trial. DNA tests conducted in the early 1990s gave mixed results, but two years ago a more advanced DNA technique showed that the DNA found on the victim's body did not match any of the three men.

Meanwhile, Nassau County Chief Assistant District Attorney Patrick McCormack said the decision to vacate the convictions "does not exonerate these defendants."

McCormack said the prosecutor's office intends to conduct a complete review of the case, with a retrial looming as a possibility.

Halstead's defense attorney, Adele Bernhard, says she doesn't believe that a retrial is a possibility due to the latest DNA results.

"My feeling is they will never retry this case," Bernhard said. "I believe they will find the person that committed this crime," she said.

Barry Scheck, Restivo's attorney, said the decision to vacate the convictions was a long time coming.

"Once again, DNA testing has exposed the tragic fact that innocent people are accused, tried and convicted on a regular basis in the American criminal justice system," Scheck said.

-- ABC News
 
Originally posted by: Howard
Is there anything we can do about the justice system?

Not putting prisoners to death would be a start. The system does make mistakes; at least these men still had their lives.
 
LAWSUIT

18 years gone, that was the prime of their lives too. These men have now missed out on careers, job training, and have totally missed the boat on all the major events that happened. Hell, they haven't even been told about internet porn yet!
 
Originally posted by: ThaGrandCow
LAWSUIT

18 years gone, that was the prime of their lives too. These men have now missed out on careers, job training, and have totally missed the boat on all the major events that happened. Hell, they haven't even been told about internet porn yet!

😱 omg, that's true. i didn't even realize it!
 
Originally posted by: johneetrash
these 18 hour interrogation/forced confession things scare me.. im sure this isnt the only one but it's a scary thought

i dunno...i would never confese to raping and killing a girl...no matter how much they interrogated me...when dealing with police ALWAYS get a lawyer before talking to them...even if you are innocent, a lawyer would never have let this confession happen
 
Originally posted by: MrDingleDangle
Originally posted by: johneetrash
these 18 hour interrogation/forced confession things scare me.. im sure this isnt the only one but it's a scary thought

i dunno...i would never confese to raping and killing a girl...no matter how much they interrogated me...when dealing with police ALWAYS get a lawyer before talking to them...even if you are innocent, a lawyer would never have let this confession happen

Very true, but this is still very horrible how police just assume things and try to close cases quickly. It pisses me off.
 
Originally posted by: Josh


Meanwhile, Nassau County Chief Assistant District Attorney Patrick McCormack said the decision to vacate the convictions "does not exonerate these defendants."

what a COCK

 
Originally posted by: MrDingleDangle
Originally posted by: johneetrash
these 18 hour interrogation/forced confession things scare me.. im sure this isnt the only one but it's a scary thought

i dunno...i would never confese to raping and killing a girl...no matter how much they interrogated me...when dealing with police ALWAYS get a lawyer before talking to them...even if you are innocent, a lawyer would never have let this confession happen

You think that now, but sleep deprevation can change your mind. Think of it like the Agents hacking Morpheous' mind in The Matrix; under that kind of pressure, you will eventually crack. Why do you think that the Feds are using it on the Guatonamo Bay(do I even have this spelled right) prisoners.
 
Originally posted by: cchen
Originally posted by: Josh


Meanwhile, Nassau County Chief Assistant District Attorney Patrick McCormack said the decision to vacate the convictions "does not exonerate these defendants."

what a COCK

heh...it's like "Actually Mr. McCormack, it does. The system fvcked up and jailed 3 innocents for the primes of their lives. Just admit it."
 
Originally posted by: ViRGE
Originally posted by: MrDingleDangle
Originally posted by: johneetrash
these 18 hour interrogation/forced confession things scare me.. im sure this isnt the only one but it's a scary thought

i dunno...i would never confese to raping and killing a girl...no matter how much they interrogated me...when dealing with police ALWAYS get a lawyer before talking to them...even if you are innocent, a lawyer would never have let this confession happen

You think that now, but sleep deprevation can change your mind. Think of it like the Agents hacking Morpheous' mind in The Matrix; under that kind of pressure, you will eventually crack. Why do you think that the Feds are using it on the Guatonamo Bay(do I even have this spelled right) prisoners.

but if u tell them u refuse to answer questions without a lawyer, then they cant keep questioning you

i mean im not saying that its not f*cked up.....but im just saying, this is why you should know your rights and what you would do before it happens...

 
Originally posted by: MrDingleDangle
Originally posted by: ViRGE
Originally posted by: MrDingleDangle
Originally posted by: johneetrash
these 18 hour interrogation/forced confession things scare me.. im sure this isnt the only one but it's a scary thought

i dunno...i would never confese to raping and killing a girl...no matter how much they interrogated me...when dealing with police ALWAYS get a lawyer before talking to them...even if you are innocent, a lawyer would never have let this confession happen

You think that now, but sleep deprevation can change your mind. Think of it like the Agents hacking Morpheous' mind in The Matrix; under that kind of pressure, you will eventually crack. Why do you think that the Feds are using it on the Guatonamo Bay(do I even have this spelled right) prisoners.

but if u tell them u refuse to answer questions without a lawyer, then they cant keep questioning you

i mean im not saying that its not f*cked up.....but im just saying, this is why you should know your rights and what you would do before it happens...

Have you ever gone that long without sleep? And I don't mean you woke up, then went 18 hours without sleep... I mean you woke up, had breakfast, did your morning routine, went to work for 8-10 hours, came home, had a few beers, got ready to go to sleep, THEN got grabbed and went 18 hours without sleep. I did when I went to Marine Corps boot camp. After 5 hours of their stuff (starting at about midnight after the ride to Paris Island, signing in, getting initial clothing issue, the beginning shock of being in a military boot camp, and everything else...) I was ready to admit to killing JFK if it would get me get 30 minutes of sleep. After so long it's an implse reaction as to what you'll say when your body is absolutely demanding sleep.

If you're in college I'll ask: Have you ever partied all day and night, and then the next day been so sure that you'll not make it to class that you think of some random excuse to say to yourself so you can skip class and not feel as bad? That's prettymuch what I'm talking about,
 
Originally posted by: ThaGrandCow
Originally posted by: MrDingleDangle
Originally posted by: ViRGE
Originally posted by: MrDingleDangle
Originally posted by: johneetrash
these 18 hour interrogation/forced confession things scare me.. im sure this isnt the only one but it's a scary thought

i dunno...i would never confese to raping and killing a girl...no matter how much they interrogated me...when dealing with police ALWAYS get a lawyer before talking to them...even if you are innocent, a lawyer would never have let this confession happen

You think that now, but sleep deprevation can change your mind. Think of it like the Agents hacking Morpheous' mind in The Matrix; under that kind of pressure, you will eventually crack. Why do you think that the Feds are using it on the Guatonamo Bay(do I even have this spelled right) prisoners.

but if u tell them u refuse to answer questions without a lawyer, then they cant keep questioning you

i mean im not saying that its not f*cked up.....but im just saying, this is why you should know your rights and what you would do before it happens...

Have you ever gone that long without sleep? And I don't mean you woke up, then went 18 hours without sleep... I mean you woke up, had breakfast, did your morning routine, went to work for 8-10 hours, came home, had a few beers, got ready to go to sleep, THEN got grabbed and went 18 hours without sleep. I did when I went to Marine Corps boot camp. After 5 hours of their stuff (starting at about midnight after the ride to Paris Island, signing in, getting initial clothing issue, the beginning shock of being in a military boot camp, and everything else...) I was ready to admit to killing JFK if it would get me get 30 minutes of sleep. After so long it's an implse reaction as to what you'll say when your body is absolutely demanding sleep.

If you're in college I'll ask: Have you ever partied all day and night, and then the next day been still awake and have been so sure that you'll not make it to class that you think of some random excuse to say to yourself so you can skip class and not feel as bad? That's prettymuch what I'm talking about,

EDIT: Made it a bit more understandable.
 
pbs had a documentary on some guys like this. they won a few mil in court. not that it matters. one of em just sits at home waiting to die because his life is over.
 
cops don't videotape most confessions because this is how they get them. By depriving
the suspect in question of sleep, food, water, threat, false statements.

detectives can sit there and lie to you. they can tell you they got your blood on a piece of clothing and you need to cooperate. they can tell you that your family wants nothing to do with you and you need to cooperate.

these confessions are still not videotaped except in two states! they are not video taped so that detectives can break they law to gain a confession if need be.

just last year a 14 yr old boy was forced to confess killing his sister. it ended up being some drifter who entered their home but detectives were bull headed and completely focused on the helpless boy and 2 of his friend.

www.michaelcroweonline.com CourtTV is showing the documentary again tonigh. Its been on for like the last week straight.

The dirty tactics.. When will they stop?

 
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