Alan Newton

• Alibi
• Third Party Guilt

● Defendant’s fiancée and her daughter testified that they were with the defendant the entire day.

“Q: And did you stay at that address, South Ozone Park, Queens the entire early morning hours of une 23rd? A: Yes. Q: Did you leave at any time? A: No, sir. Q: Did you go up to Crotona Park? A: No, sir. Q: Did you go to some bodega in the Bronx? A: No, sir. Q: Did you go out of that house at any time in the early morning hours of June 23rd? A: No, sir. Q: You heard testimony here from [the victim] and [a witness that saw the perpetrator]; is that correct? A: Yes. Q: Did you ever enter that bodega that [the witness] worked in? A: No, sir. … Q: Did you do it to [the victim], did you rape, sodomize and assault [the victim] in the early morning hours of June 23rd, 1984, sir? A: No, sir.”

• Eyewitness
• Forensic Evidence

• Serology

• Valid

Analyst testified only to have observed presence of spermatozoa

• Victim

• Lineup
• Photo array

No ● But possible suggestive remarks – told a victim to expect to see culprits in the lineup

One victim recalled, “Q: Did they tell you what to expect at the lineup? A: They told me to expect for the guys to be there but not to be afraid because they can’t see me but I could see them

Yes ● Initial nonidentification – two victims told the prosecutor in court that they were not sure the defendant was the attacker ● Discrepancies in descriptions – long nails, facial hair, scar on face.

One victim was not sure at line-up and asked men to speak in turn to be sure. She later told the prosecutor that she was not sure she had identified the right man: “Q: Do you remember saying in that conversation to the District Attorney that you were not sure that the man in the courtroom was the man who had done this to you? Do you remember saying that? A: Yes, I do.” A second victim, later explaining that she was “nervous” had told the prosecutor that she did not see in court the man who attacked her.

• Ineffective Assistance of Counsel
• Jury Instructions
• Sentencing — Noncapital
• Suggestive Eyewitness Identification

• G

People v. Newton, 127 A.D.2d 1014 (N.Y. App. Div. 1 Dept. 1987)
People v. Newton, 511 N.E.2d 100 (N.Y. 1987)
People v. Newton, 150 A.D.2d 991 (N.Y. App. Div. 1 Dept. 1989)
People v. Newton, 546 N.E.2d 198 (N.Y. 1989)
People ex rel. Newton v. Warden, 549 N.E.2d 479 (N.Y. 1989)
People v. Newton, 555 N.E.2d 625 (N.Y. 1990)
People v. Newton, 562 N.E.2d 882 (N.Y. 1990)
People ex rel. Newton v. Bartlett, 562 N.E.2d 874 (N.Y. 1990)
People v. Newton, 574 N.Y.S.2d 994 (N.Y. App. Div. 1 Dept. 1991)
People v. Newton, 610 N.E.2d 400 (N.Y. 1992)
People v. Newton, 192 A.D.2d 447 (N.Y. App. Div. 1 Dept. 1993)
Newton v. Coombe, 1998 WL 418923 (S.D.N.Y. 1998)
Newton v. Coombe, 1998 WL 677610 (S.D.N.Y. 1998)
Newton v. Coombe, 1999 WL 1268648 (S.D.N.Y. 1999)
Newton v. Coombe, 2001 WL 799846 (S.D.N.Y. 2001)