Convicting the Innocent
DNA Exonerations Database

Freddie Peacock

First Name Freddie
Last NamePeacock
Year of Conviction1976
Year of Exoneration2010
State of ConvictionNew York
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeBlack
Mentally Ill or Intellectually DisabledMentally Ill
Type of Innocence Defense
  • Alibi
Description / Quotes from Testimony Concerning Defense

● Neighbor heard defendant get into bed from her apartment.

Did the defendant testify at trial?No
Types of evidence at trial
  • Confession
  • Eyewitness
Were non-public facts alleged?Yes
Identity of eyewitness
  • Intraracial Identificaiton
  • Victim
Lineup Procedures
  • Photo array
  • Showup
Suggestive Procedures

Yes ● Show-up –victim acquainted with defendant

Quotes from testimony #1

Victim noted that in photo array, the others in array "didn’t look like him.” Following photo array, show-up conducted.

Unreliable Identification?

No – little description provided, but victim acquainted with defendant

Quotes from testimony #2

Victim could not describe details about face, except "he got some hair on his face"

Examples of Non-Public or Corroborated Facts and Inconsistencies

● None

Quotes from law enforcement testimony

All he could say to the police about the crime was “I did it. I did it. I raped the girl. I did it.” The detective admitted that though he made efforts to provide Peacock with details concerning the case, Peacock “couldn’t recall the details.”

Highest level reachedAppeal
Claims Raised During All Appeals and Postconviction
  • State Law Evidence Claim
Harmless Error Rulings
  • G
  • HE
Citations to judicial opinions

People v. Peacock, 70 A.D.2d 781 (N.Y. App. Div. 4 Dept. 1979)