Professional Documents
Culture Documents
Manhattan DA Motion in Jogger Case
Manhattan DA Motion in Jogger Case
that:
Santana, Yusef Salaam, and Kharey Wise, all of whom were convicted
Page 1 of 58
after trial of various charges contained in New York County
vacated and set aside based upon newly discovered evidence, and
that the court grant whatever further relief may be just and
proper.
4. The defendants were all convicted of charges relating to
second, male jogger on the same date. Finally, defendant Wise was
5. Based on the facts and for the reasons set forth below,
Page 2 of 58
summarizes some of the facts relevant to those issues, and
Antonio Diaz was assaulted and robbed, also on the East Drive, at
series of four male joggers were set upon on the jogging path at
the northern end of the Central Park Reservoir. Two of the male
Page 3 of 58
Loughlin, however, was knocked to the ground, kicked, punched, and
lay at the edge of a wooded area, roughly 300 feet north of the
connecting the East and West Drives of the park. Police and
medical personnel were summoned. The victim, a twenty-nine year
old white woman who came to be known as the "Central Park jogger,"
was removed to the hospital. She had been badly beaten about the
elsewhere on her body. Her t-shirt had been rolled into a ligature
that her expected route would have taken her across the transverse
road. The investigation also revealed that she had been raped,
*
The shirt was placed behind her head, crisscrossed over and
through her mouth, and then used to tie her hands and wrists up in
front of her face.
Page 4 of 58
Wise were brought in for questioning on April 20, 1989, after they
at the time; Yusef Salaam and Antron McCray were 15; and Kevin
First Degree (Penal Law Sections 120.10(1) and (3)), with respect
to the Central Park jogger. In addition, the indictment charged
each of them with Robbery in the First Degree (Penal Law Section
with the attack on John Loughlin, and with Assault in the Second
Lewis. All of the defendants were also charged with Riot in the
Page 5 of 58
12. Steven Lopez, 15, was also indicted in connection with
forensic testing, a single hair taken from his clothing was found
to be "consistent with" the jogger's hair, based upon a
who were involved in the incidents which took place on April 19.
(Penal Law Section 240.06) and Assault in the Second Degree (Penal
Page 6 of 58
David Lewis. Briscoe pled guilty to the assault charge on May 31,
Degree (Penal Law Section 120.05(2) and (6)), and Riot in the
First Degree (Penal Law Section 240.06). The charges pertained to
the assaults on John Loughlin and David Lewis. Robinson had not
Second Degree (Penal Law Section 160.10(2)(a) and (1)), one count
Page 7 of 58
McCray's statement about the jogger attack.* None of the other
year.
Second Degree (Penal Law Sections 120.05(2) and (6)), and Riot in
stated that a "Puerto Rican kid with a hoodie" had raped the
jogger, and Escobar may have been the person he was referring to.*
*
Montalvo's identity as the person McCray was referring to is
firmly established by analyzing McCray's statement and a number of
others made during the 1989 investigation. McCray identified
"Tony" as a participant in the assault on Antonio Diaz, and the
person who took his food and ate some of it. Four others said the
same thing. Raymond Santana stated that Montalvo admitted to him
that he was the person who had taken and eaten the food. In
statements made to the police at the time, Montalvo acknowledged
having done so. Finally, Kevin Richardson stated that a person
named "Tony" participated in the assault on Diaz, and said that he
lived in the Lehman Projects. That was Montalvo's residence at
the time.
*
That conclusion is based upon an analysis of the contents of
McCray's statement and others. In the course of his videotaped
statement, McCray mentioned ultimately leaving the park with
another youngster. He did not know the person well, and could not
immediately recall his name. Later in the statement, he
remembered that his name was Orlando. In Escobar's own
Page 8 of 58
None of the other defendants mentioned him in their statements.
probation.
Criminal Court complaint with Rape in the First Degree (Penal Law
Section 130.35(1)), Attempted Murder in the Second Degree (Penal
Park jogger. Antron McCray had named Thomas as one of the people
who actually raped the jogger; police notes reflect that Kevin
Richardson had also placed him at the scene, though Richardson did
was never indicted, and all charges against him were dismissed on
(..continued)
statements, he made it clear that he had played a role in the
incidents involving Diaz, the tandem bicyclists, and the joggers
at the reservoir, but that he was not well known to the others in
the group. In an interview with another individual conducted in
1989, that individual said that he saw McCray and Orlando Escobar
when they returned to their apartment complex, and that both were
wearing black hoods.
Page 9 of 58
19. Pursuant to motions to suppress their statements filed
Raymond Santana.
Assault in the First Degree and Rape in the First Degree for the
Assault in the Second Degree for the attack on David Lewis; and
September 11, 1990, set aside all their convictions except those
for First Degree Robbery and Rape, and then sentenced each of
Section 70.30(1)(d).
also before Judge Galligan, from October 22, 1990, to December 11,
Page 10 of 58
verdict. Richardson was found guilty of each count of the
Sexual Abuse in the First Degree with respect to the attack on the
for those for Attempted Murder in the Second Degree and First
Degree, two and one-third to seven years for Sexual Abuse in the
First Degree, and one to three years for Riot. The sentences were
years.
Division (187 A.D.2d 363) and by the Court of Appeals (83 N.Y. 2d
51). Antron McCray's conviction was also affirmed by the
Page 11 of 58
additional evidence. Nevertheless, the People's case at both
defendants.*
young men who were in Central Park on the night of April 19 were
single inculpatory statement she said Wise had made to her, after
25. The crime scene, the victim, the defendants, and their
the time.
26. The crime scene covered a wide area, and comprised five
*
Kevin Richardson and Antron McCray each made one written and
one videotaped statement. Raymond Santana made two written
statements, with a supplement to one of them, and a videotaped
statement. Yusef Salaam made one oral, unrecorded, unsigned
statement. Kharey Wise made two written and two videotaped
statements.
**
That witness was Melody Jackson. Her brother, much younger
than she, was a friend of Wise, and she herself had known Wise for
years. She testified that on one occasion when she was in the
family apartment where her brother lived, Wise had telephoned from
jail. He called to speak with members of the family, as he often
did. She testified that when she got on the telephone, she told
him she could not believe what she was hearing about his having
sex with "that woman." According to Jackson's testimony, Wise
replied that he had not had sex with her, but had only held and
fondled the victim's leg. Jackson never mentioned Wise's
statement to anyone, including members of her own family, until
the eve of trial, when her brother was being questioned about Wise
by the police, and Jackson interjected with the information.
Page 12 of 58
separate sites at which relevant evidence was recovered. All of
wide, which extended to the treeline that began forty feet to the
leaves in the area, and a rock which appeared to have blood and
hundred twenty-five feet beyond that, farther into the wooded area
two sites. A white sock and the insole of a jogging shoe were
found a short distance away from that second site, and a fragment
of brick was also recovered. A second sock was found about forty
feet away.
28. The jogger herself had been found at the bottom of the
Page 13 of 58
scattered approximately thirty-two feet from where she lay,
jogging shoes. One of the jogging shoes was untied, and the
For purposes of this motion, only two of the specific test results
need be delineated.
30. The rock recovered from the disturbed site closest to
the road was found to have human blood on it. The rock was sent
with the jogger's blood type. The hair fragments found on the
The comparison yielded the conclusion that the hair on the rock
was consistent with the jogger's -- meaning that it had
characteristics similar to her hair, and could have come from her.
the hairs that had been found on it was elicited at both trials.
the trial of Salaam, McCray, and Santana that the hair fragments
on the rock were fragments of crushed and broken head hairs from
opinion, they had been crushed and broken due to force from the
Page 14 of 58
rock. The expert went on to state that it was his belief that the
rock could have been used to strike the head of the victim. In
probably been struck on the side of the head with the rock.
jogger's sock, found near her at the crime scene. It did not
match any of the defendants, or any other known sample.* The same
the victim and the sock appeared to have come from the same
Page 15 of 58
from the Medical Examiner's Office who described each of the
jogger's injuries for the juries. The People were unable to offer
medical testimony to the effect that the injuries the jogger had
consistent with the jogger. Three others, one from his underwear,
one from his t-shirt, and one from his blue jeans, were found by
conclusion was reached with respect to one out of the twelve hairs
*
As part of the 2002 reexamination of the case, Dr. Charles
Hirsch, Chief Medical Examiner of the City of New York, reviewed
the jogger's medical records and photographs. He has stated as
his opinion that "Nothing about the distribution or severity of
... [the victim's] injuries indicates or reveals the number of
assailants, which could have been one or more."
**
The value of the hairs found on Richardson's clothing was
compromised by the fact that the clothing was spread on the
precinct floor to be photographed before the hairs were removed.
There was, therefore, a possibility of contamination.
Page 16 of 58
recovered from the crime scene, stated that they "could have
and Wise.
Office was notified that an inmate had come forward with a claim
that he had attacked and raped the Central Park jogger, and that
he had committed the crime alone. The inmate, Matias Reyes, had
Attorney's Office.
*
Two hairs were also removed from the clothing of Antron
McCray, and ten from the clothing of Raymond Santana; they were
not consistent with the jogger's hair. Kharey Wise's clothing was
not taken because it had been laundered. Yusef Salaam's jacket
was taken; no hairs were recovered.
*
According to Reyes' 2002 statements, he intended to rape the
victim, but was interrupted by neighbors before he could force her
into her apartment from the hallway where he accosted her.
Page 17 of 58
November 1, 1991, after Reyes admitted his guilt and entered pleas
evidence taken from his victims and from the scenes of his crimes,
which matched the DNA in a sample taken from him. That evidence
Office was notified that Reyes' DNA matched the DNA taken from the
sock that had been found at the Central Park crime scene.
received from the FBI, steps were taken to bring Reyes to the
account. Reyes was interviewed for the first time on May 23. He
blood, head, and pubic hair, and signed consent forms allowing
jogger case, about his criminal and personal history, about his
Page 18 of 58
included interviews with police officers, Corrections personnel,
have been in the park with them on the night of April 19. In any
43. Reyes states that his decision to come forward with his
Page 19 of 58
However, he began seeking advice from different individuals in the
which someone else had been convicted, and wanting to know how he
authorities.
had committed a crime for which another person had been convicted,
induced him to explain what was bothering him and set in motion
that people have treated him decently despite the nature of his
*
Wise and Reyes had last been incarcerated in the same
institution from February to June of 1990, when both were in the
Adolescent Reception and Detention Center at Riker's Island.
Page 20 of 58
disproven. However, an extensive investigation has revealed no
for a brief period in 1990 when he and Kharey Wise were in the
Kharey Wise was still incarcerated when Reyes made his claim, and
did not apply for conditional release until July 26, 2002.
Further, the one assurance Reyes sought when he first spoke with a
accurate, both about matters related to the case and matters with
no direct connection to it. Reyes has also been candid, even with
credibility.
Page 21 of 58
money, and Walkmans. He frequently committed such crimes in
about. They were also able to identify and locate individuals who
knew Reyes in the late 1980's, and who confirmed the truth of his
knew any of the defendants or the others who were with them in
Central Park on the night of April 19. That fact has been
hand, from interviews with people who knew Reyes; and on the
other hand, from current and past interviews with the defendants
Page 22 of 58
52. Many of those people describe Reyes as having been a
loner, whom they never saw in association with any young people
other than the two teenage sons of the family which occasionally
located. All were from the 102nd Street area -- in their own
the defendants or their associates, and none ever saw Reyes with
Precinct who knew Reyes from the bodega where he worked and saw
they never saw him with anyone other than those who frequented the
bodega.
those they knew who were in Central Park with them. None named
Page 23 of 58
of Reyes, and evinced no recognition at all. The same is true of
everyone they said raped the jogger. Based upon the evidence, it
Reyes.**
June 11, June 14, July 19, July 27, and August 5, 1989. The basic
nose, two black eyes, and multiple areas of bruising, some of them
large, on her knees, her legs, her neck, and her flank. In
addition, the victim had two superficial stab wounds on her thigh,
one in her side, one on a finger, one near her left eyebrow, and
Page 24 of 58
Again, Reyes used a knife he procured from the victim's kitchen.
(3) On July 19, 1989, Reyes stalked, raped, robbed, and cut
Avenue, between 95th and 96th Streets. Reyes brought a knife with
card and PIN number. He then tied her with extension cords in a
fashion which parallels the way the Central Park jogger was tied,*
had bound his victim, Reyes called 911 to summon help for her.
The victim suffered small, superficial cuts over one eye and under
the other.
He took the victim's bank card, and forced her to give him her PIN
*
Reyes used extension cords to tie his victim. He bound her
feet with one cord, used another to tie her hands, and a third to
gag her by wrapping a cord around her head and crisscrossing it
through her mouth. The cords were attached so that her hands were
raised in front of her face.
Page 25 of 58
information about other sex crimes he had committed, for which he
accosted a woman with the intention of raping her, and that the
1989.
identified, and the victim and witness located. Reyes had told
white woman who had been exercising in the park near Lasker rink
Reyes left the park, calmly, taking the victim's property with
him.
Page 26 of 58
recently identified a 1989 photograph of Reyes as looking "most
fresh stitches in a cut on the right side of his chin, and medical
the day before the incident. Reyes is not clear about whether the
afternoon, two days before the attack on the Central Park jogger.
The victim was badly beaten about the head. She had a large
her left upper arm and neck, scratches over her neck, face, knees,
and back, and multiple bruises. In addition, her right ear was
bruised and swollen, and her right eye was bruised and showed
attacker had his foot on her head. The victim was treated and
released, and the case was marked closed after initial efforts to
contact the victim were unsuccessful.
woman inside the church, dragged her down a staircase with the
intention of raping her, and then abandoned the sexual attack when
Page 27 of 58
jewelry from the victim, and left. He did not know when the crime
attack itself.
the victim to disrobe, but was dissuaded from raping her when she
Reyes' photograph was not on file. The case was then marked
closed.
62. Reyes was also questioned about some of the other crimes
*
The victim in the case was interviewed in 2002, but this
description of the crime is based on her 1989 account of what
occurred.
Page 28 of 58
(1) Reyes states that he left the bodega where he worked and
headed for Central Park. It was likely he would commit some kind
102nd Street, and he first saw the jogger as she proceeded north
on the East Drive, just south of the 102nd Street entrance to the
park. She was running in the jogging lane on the east side of the
road, wearing long black or navy blue jogging tights. They were
(2) Reyes moved to the other side of the East Drive and
did not want her to sense or see him directly behind her, so he
see whether she would take the long route around the park, heading
north until the road looped around, or the short route, cutting
across the 102nd Street transverse. She took the short route,
moving to the north side of the transverse road and heading west.
lying on the ground to the north side of the road. (In diagrams
playing it loudly, as she did not hear his approach. Reyes came
up behind her and struck a heavy blow to the back of her head.
Page 29 of 58
Reyes does not know exactly where or how he hit her. He is left-
handed, but says he may well have struck her overhand, or from
some other angle. The jogger fell forward. Her Walkman fell to
(5) Reyes says the jogger was conscious but clearly stunned
and incapable of fighting, and that he then dragged her off the
road. Initially, he dragged her over ground that was grassy, with
some grass "higher," and some grass "lower", into a "bushy" area.
trees, covered with dead leaves and sticks, which becomes more
roadway.
of her head, saying that she was bleeding. He states that he saw
(7) Reyes' account of what then took place inside the wooded
jogger's tights and shoes, and raped her. At some point, which he
Page 30 of 58
believes was after he raped her, she broke away from him and ran;
he says that he has an image of her running while naked from the
shirt up over her head. Reyes had already beaten her in the spot
Reyes knows that he struck her in the face and head with a rock
found the jogger's keys; he believes she had two, and he knows
they were in a black key case which zipped around and had Velcro
attached to a belt, but says he does not recall where she wore it
the keys because after he found them, he began demanding that the
jogger tell him her address. His intention was to burglarize her
apartment. She refused to give him the information. That, he
and thinks somehow her t-shirt might have been over her head. He
Page 31 of 58
times, Reyes has also said that he may have moved her, or may have
(11) Reyes says that when he left the jogger, she was bloody
but does not know where, or even whether it was in the immediate
area. He then made his way out of the wooded area in the same way
he had come in. When he reached the roadway, he saw that the
and threw it off to one side of the road or the other. He also
saw the jogger's headset, still lying where it had fallen. He put
road, and headed out of the park. At some point he tossed the
keys and case away. He is not sure when or where; it may have
earlier.
(13) Reyes came out at the 102nd Street entrance to the
park, which intersects with the East Drive at a point south of the
"Blondie" was in a yellow cab with a partner whom Reyes did not
Page 32 of 58
objective, verifiable evidence in a number of important respects.
summary form:
coming from and the direction she was travelling in, and he
and ankle-length. He has also indicated that she may have been
her hand to the right rear of her head, and of his observation of
(3) Reyes maintains that the jogger was wearing a Sony AM/FM
headset, with colors on the dial. The jogger was in fact wearing
despite an extensive search, was never found. She does not recall
the make, but believes it may have had colors on the dial.
Page 33 of 58
dragging the jogger into the woods. Crime scene photographs show
being disturbed, but trial testimony established that that was the
found in a small, black case that zipped around and had Velcro on
1989 that the jogger's keys were gone; their disappearance was
2002, the jogger was asked about the possibility that she had a
case. She stated that she was inclined to say that she carried
her keys on a ring, but that she did own a dark green or black
case with Velcro on it. She does not think that it had a zipper.
It was the type of case that can be attached to a shoe. One of
have been had a case been removed from it. The other shoe was
tights, shoes, and one sock indicate that they were in fact
Page 34 of 58
thrown.
states that when he left her, she was unconscious but not dead.
out of the park, and had a brief conversation with him. "Blondie"
remember whether he saw and spoke with Reyes in the park that
and was with someone who was not his regular partner. To the
suspected him of criminal activity, and would have let him go.
The fact that Reyes did see "Blondie" tends to confirm that he was
Page 35 of 58
activities being reported, it seems likely that "Blondie" would
recollection that the jogger broke away only after he had raped
her is, however, probably not correct. The jogger's clothing was
tights were undoubtedly not pulled off her until she was at that
recounts is that she broke and ran from him before the rape.
likely to place upon his testimony, his failure to recall all the
revealed that he was telling the truth in that regard. Yet when
Page 36 of 58
of making initial contact or as a way of acquiring information
His claim that he demanded the jogger's address echoes the cases
in which he forced his victims to give him their PIN numbers. And
the person who tied the jogger with her own t-shirt. The manner
in which she was tied -- behind the head, through the mouth, with
Reyes owned a ring, taken from him at the time of his arrest and
hand. The ring and photographs of the wound were examined at the
Page 37 of 58
However, in the opinion of Dr. Hirsch, "The patterned injury over
Forensic Evidence
with those DNA samples which connected Reyes to the crime. The
defendants' trials that the DNA on the sock found at the Central
Park crime scene and the DNA on the cervical swab taken from the
victim came from the same person. Thus, Reyes' DNA matched both.
also the source of the pubic hair found on the sock in Central
Park.** In short, the DNA tests showed that Matias Reyes' claim
*
The People introduced expert testimony in the original trial
to the effect that the injury could have been caused by a rock or
a brick.
**
More technically, mitochondrial DNA tests only establish
that a sample came from a particular person or someone else in his
maternal line. In this case, for all practical purposes, the test
Page 38 of 58
that he raped the jogger was true, and confirmed that no one
else's DNA was present in the samples taken from the victim or the
attack, and to the blood found on that rock. The hair found on
that the hairs were not suitable for comparison, and could not be
(..continued)
established that Reyes was the source of the pubic hair.
Page 39 of 58
characterization of one of the hairs as a pubic hair. In his
was.
75. DNA was extracted from all three of the hairs found on
the official finding with respect to each of the hairs is that the
(1) One hair was found to contain a mixture of DNA from two
different people. The jogger's DNA sequence was inconsistent with
(3) The third hair had an intact DNA sequence extracted from
Page 40 of 58
exclude a source, because single differences have been observed in
hairs taken from the same source. However, when such differences
occur in hairs from the same person, they are usually seen in
difference observed between the jogger's hair and the third hair
scientific certainty.
76. The bloody rock found at the scene was also submitted
profile showed that the blood was female human blood, but
77. The hair fragments found on the rock were also submitted
Page 41 of 58
provide a suitable basis for comparison, even against standards of
78. Only one of the hair fragments was suitable for testing.
The other fragments were too small. The fragment tested yielded
discovered since the trial; (3) it must be such as could not have
alone attacked and raped the Central Park jogger; DNA test
Page 42 of 58
the same sock; the record of prior, similar attacks committed by
received at the trial the verdict would have been more favorable
at least some of the charges against them, and, for that matter,
*
As already noted, the People requested that the F.B.I.
laboratory reexamine the hair evidence introduced at the
defendants' trials before having it tested for mitochondrial DNA,
and the F.B.I. examiner disagreed with the original technician's
findings. However, his opinion does not qualify as newly
discovered evidence within the meaning of C.P.L. Section 440.10
since counsel could, with due diligence, have sought a second
microscopic analysis at the time of the original proceedings.
Page 43 of 58
persuasive enough to bring about those convictions before two
weaknesses.
McCray said that he kicked the jogger and lay on top of her, but
"felt her tits." And Kharey Wise eventually said that he held and
the other hand, it arguably makes the claim that the defendants
contention that, for whatever reason, each spoke about the crime
Page 44 of 58
that sense, it is an aspect of the confessions to be considered
here.
attack, who knocked the victim down, who undressed her, who struck
her, who held her, who raped her, what weapons were used in the
and Steve did it; Antron McCray said everyone charged her;
Raymond Santana said Kevin did it; Yusef Salaam said he did it;
and Kharey Wise first named Raymond, and then named Steve.
the attack, Kevin Richardson alleged that only Michael Briscoe hit
her, and that he hit her only with his fist, in the face. Raymond
Santana said that Steve smacked her, and then struck her in the
face with a brick. Antron McCray stated that everyone was hitting
and stomping her, and that a tall, skinny, black male struck her
*
Since Yusef Salaam made only one, unrecorded statement, that
statement is used for this analysis.
Page 45 of 58
in the ribs and head with a pipe. Yusef Salaam said that he
himself hit her with a pipe, and that someone else used a brick.
Kharey Wise first said that Steve slapped her in the face, that
someone cut her legs with a knife, and that Kevin used a
the face, and cut her legs with a knife, and that Kevin, Steve,
and Raymond punched her in the face and hit her with bricks.
and Kevin, and said that he himself simulated having sex with her.
Santana claimed that Kevin raped her, after which Santana left the
Page 46 of 58
respects the defendants' statements were not corroborated by,
established fact.
jogger was coming from, what direction she was running in, or how
the jogger on the head with a pipe. He did not say where on the
head, but his statement could explain the bloodstains on the road
and the injuries to the back of her head. None of the others,
Only Kharey Wise said anything that would explain the dispersal of
more than one site, and Wise had been taken to the scene prior to
about her keys. None said anything about a search for money,
Kharey Wise, for instance, declared that the jogger's clothes had
been cut off, and that her legs had been cut with a knife. Her
clothes were not cut off, and there were no knife wounds on the
Page 47 of 58
to that effect at trial. Likewise, Kevin Richardson said that her
bra was ripped off, whereas in fact it was still on her when she
the incident, and others said she was naked when they left,
although she was found with her jogging bra still on and her t-
individuals raping her. Despite that, the DNA of only one person
raped her, and none of the people they named proved to be a DNA
match.
Page 48 of 58
With the exception of Kharey Wise, who had been to the scene,
which took place in the park. For while the nature and locations
of those incidents made it seem logical to believe that the
initial entry into the park, the larger group of which the
along the East Drive and in the attacks at the reservoir; but at
least some of them did. Given the times when each of those events
evidence, and the same timeline that the prosecution did, and were
Page 49 of 58
confusion about details are not unusual. Indeed, given the
fact that the crimes occurred at night, that the lighting was
incidents.
found at the scene had been used in the attack -- has also been
those samples that was large enough to test, a jury would hear
expert testimony that the DNA which could be extracted from the
evidence did not match the jogger. Those results do not exclude
Page 50 of 58
jury's confidence in the only evidence other than the defendants'
statements which showed contact between the victim and her alleged
rapists.
as the defendants and their group were making their way through
beat them, and raped them; who always robbed his victims, and
fashion much like the Central Park jogger; who lived on 102nd
Street; who beat and raped a woman in Central Park two days
before the attack on the transverse; whose DNA was the only DNA
committed all his sex crimes alone -- has come forward to say that
in her 20's, who was set upon on the 102nd Street transverse, was
missing her Walkman, and was left tied in a way that has never
Page 51 of 58
which arose specifically from the attack on the Central Park
such evidence been received at trial the verdict would have been
Matias Reyes as the basis for a request that the court vacate
legal basis for that request. Yusef Salaam argues that the nature
convicted.
undertaken for the fun of it, which left some terrorized, two
Page 52 of 58
knocked into unconsciousness, and one seriously injured.
The People's theory was that she was set upon by a number of young
group, and beaten about the head with a pipe, a brick, and a rock.
Had she been discovered sooner, her injuries might well have been
less serious in their effects; but she was not, and by the time
she was found, she was close to death. The People introduced
the attack.
The law permits it, and correctly presumes that juries can and
will follow instructions requiring that they weigh evidence of
weighed. The crimes the defendants were charged with were not
from the attack on the jogger; all occurred within a single hour,
Page 53 of 58
considered to be part of a single incident -- a rampage in the
trial of Kharey Wise and Kevin Richardson that they should not
with a joint purpose, that they were "an entire group acting
jurors in any event. But the new evidence detailed above would,
if credited, call into question the defendants' involvement in the
well.
Page 54 of 58
logo on Kevin Richardson's jacket was described by one of the
outskirts of the park; but the People's proof was limited by one
defendants.
considered separately from the rape of the jogger, neither can the
written statement deals only with other events; but just an hour
Page 55 of 58
any statements about the rape. But that testimony alone, absent
discovered evidence.
which they stand convicted that would not have been substantially
the charges arising from the attack on the female jogger, but on
Page 56 of 58
parties, vacate the convictions, the People will move the Court to
the indictment.
the relief requested and recommend that the Court vacate the
___________________________
NANCY E. RYAN
Assistant District Attorney
Chief of the Trial Division
Page 57 of 58
---------------------------------------------------------------------------
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: PART 58
---------------------------------------------------------------------------
-against-
Defendants.
---------------------------------------------------------------------------
---------------------------------------------------------------------------
Robert M. Morgenthau
District Attorney
New York County
One Hogan Place
New York, New York 10013
(212) 335-9000