Anthony J. Capozzi, who represent nearly 22 years behind bars for two rapes in Delaware Park, the Bike Path Killer that had obligation of the State is verklagend for $ 41 million, his lawyer said Thursday.
“It is essential for the pain and suffering of the post 21 years, seven months and 22 days in jail for something he did not do,” said Thomas C. D’Agostino.
Capozzi, suffering has been compounded by the fact that schizophrenia, it has been diagnosed in the 1970’s, said his lawyer. He explained that the condition has deteriorated Capozzi, in the prison where he, without good mental health, care, every year.
Money is also Capozzi wonder in the future, health care costs, as well as lost wages and other economic factors, “said D’Agostino.
The appeal is expected to be tabled today in the state Court of Claims in Albany.
D’Agostino said he hopes Attorney General Andrew Cuomo is not against the suit.
“I would like to see the resolve to save Anthony and his family, by a Trial-and-erlebend all this,” he said.
D’Agostino also hopes that the legislation in force, during the last year, inspired by Capozzi case, and synchronizes “Anthony’s Law,” intended for illicit quickly convinced, will help rapidly along the event. Retrospectives costumes to commit an unlawful act conviction in the court of after year.
Capozzi Sept. 13 was arrested in 1985 on emoluments raped three women in the Delaware Park
His family did not believe he was fit to night.
But after the victims of the resistance during the trial period and identifies it as her rapist, he was sentenced to two rapes. He was acquitted by one.
In fact, women were raped Altemio C. Sanchez, a serial rapists and killers, who flew on women in Erie County nearly three decades.
In mid-1980, and Capozzi Sanchez was a striking similarity. Both men had dark hair and a dark moustache, though Capozzi had a three-inch scar on the side of his face. None of the victims mentioned the scar.
Capozzi was sent to Attica Correctional Facility, while Sanchez remained free. Sanchez went to violate the other seven women were killed and three others before he was captured.
In late summer 2005, Capozzi was still in prison, if a criminal prosecution Task Force pour la recherche du Bike Path Killer arrived at the old records, which aims Capozzi be innocent. The rape, he was sentenced, a model of coordination, that rape Bike Path Killer have committed.
Task Force visited, the members of Attica. She was always convinced of his innocence, as she spoke with Capozzi, as an aspect of the child and seemed more interested to know if it is not to miss “spaghetti” night “to discuss his case with detectives .
According Sanchez was arrested in January, members of the Task Force turned its attention to liberate Capozzi.
Last March, slides, rape kits on Capozzi alleged victim spoke Erie County Medical Center. DNA Tests on the slides shown Sanchez - Capozzi - women raped in the Delaware Park
Exactly one year ago Thursday, Capozzi was released from prison. It was at the Buffalo Psychiatric Center, assist in the transition to a return to normal life.
“I have never in harm to everyone. What did they do to me - not strange? “, Says Capozzi celebrated last April, when he has his first home-cooked meal Easter for decades.
But he was delighted to his return to freedom. “I am grateful for the opportunity to come back to life,” he said so far.
Nowadays, he spends much time in a body Betreuten live, but for a few days in the week, it was with his parents and siblings.
“Sometimes,” said D’Agostino. “But it’s time. For those who live in this situation, for nearly 22 years of his life … For someone who is not a handicap, and get started on his life would be an adaptation — a monumental adaptation. Just imagine it as it is to himself. ”
Last week, Lynn DeJac, now known as Lynn Peters, introduced a $ 14 million appeal for its wrong belief, strangulation murder of his daughter.
Peters had spent nearly 14 years in prison before a series of events led her release. He was released after Erie County District Attorney Frank Clark, said that a new analysis of their daughter, the autopsy revealed that she had died of an overdose of cocaine - and was not murdered.
Peters says that her daughter was murdered by a former friend, Dennis P. Donohue, strangulation with another woman in a case independent.