|Year of Conviction||1998|
|Year of Exoneration||2000|
|State of Conviction||New York|
|Trial, Bench Trial, or Guilty Plea||Trial|
|Type of Crime||Rape|
|Gender of Exoneree||Male|
|Race of exoneree||White|
|Type of Innocence Defense|
|Description / Quotes from Testimony Concerning Defense|
● Defendant’s long time girlfriend testified that defendant was asleep at the time the crime occurred. This was corroborated by her son who testified to seeing defendant asleep at this time. ● Defense presented witness who came forward with a suspect that matched the sketch she saw in the newspaper.
|Did the defendant testify at trial?||No|
|Types of evidence at trial|
|Type of Forensic Evidence|
|Types of Flawed Forensics|
|Brief Quote / Description of Testimony|
The odontologist found defendant’s teeth “consistent” with the bite marks.
|Identity of eyewitness|
Yes ● Victim not told attacker might not be in line-up ● Defendant repeated from photo array to line-up
|Quotes from testimony #1|
Detective testified: “I stated to her that I wanted her to look at the lineup and let us know if she recognized anyone.” Others in line-up did not resemble initial description (nor did O’Donnell – and O’Donnell’s long hair was pulled back and hidden)
No ● Discrepancies in description – composite and initial description, of a man with stubble and dark short hair, looked nothing like defendant, who had long red hair and prominent fu-manchu mustache
|Quotes from testimony #2|
“She indicated to you that the perpetrator of the offense had no mustache; is that correct? A. Yes, it is.” She indicated that the attacker had hair that was “short” and had no facial hair.
|Highest level reached||NR|