Convicting the Innocent
DNA Exonerations Database

Kharey Wise

First NameKharey
Last NameWise
Year of Conviction1990
Year of Exoneration2002
Testing inculpated culpritNon-Cold Hit
State of ConvictionNew York
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeBlack
Type of Innocence Defense
  • Alibi
Description / Quotes from Testimony Concerning Defense

● Two alibi witnesses asserted Fifth Amendment privilege.

Did the defendant testify at trial?Yes
Quotes from Exoneree Testimony

“Q: What else did [Hartigan] say? A: So he said tell Nugent a lie. Q: Ah ha. And did he say specifically what you should tell Nugent? A: No. He said tell him a lie. Say you was there. Q: That you were there. A: Yeah.”

Types of evidence at trial
  • Confession
  • Forensic Evidence
  • Informant
Were non-public facts alleged?Yes
Type of Forensic Evidence
  • DNA
  • Hair
Types of Flawed Forensics
  • Invalid
Reason why invalid(5) Hair probability statement using experience
Brief Quote / Description of Testimony

See Richardson, supra; see also discussion of the case at Part II.B.2.

Examples of Non-Public or Corroborated Facts and Inconsistencies

● The jogger’s clothing colors ● Details about attacks on others in the Park ● Description of crime scene, including during visit to scene ● Victim was gagged ● Male victim was hit with a “bar

Quotes from law enforcement testimony

“A: Again it was Detective Sheehan who spoke, who asked Kharey if that if anything in that area was familiar to him …and Kharey answered. Q: And what did Kharey say? A: He pointed to the roadway we were standing on and said this is it. And he described it, then he pointed south of the roadway to the ball fields that were there and said that he was running to where the woman was and could see the other kids. He said “snatched her” meaning the woman who had been assaulted on the roadway.” “A: Then Detective Sheehan asked him if anything in the area looked familiar to him. Q: What did Kharey say? A: He said yeah He said, that where they took her down. Then he said, we dragged her. Then he said they dragged her down here.”

Quotes from prosecution arguments

“Kharey Wise also described the beating that he and the others had inflicted on John Loughlin. Kharey Wise described how ‘Yusef had his bar. He, we all chased him and grabbed him. Yusef took the bar hit him across the face. Then they all punched him and kicked him and kicked him.’ You saw the photographs of John Loughlin’s injuries and you heard the testimony from Dr Adams about the cause of those injuries, about the blunt trauma, how the blows to the head are consistent with being struck with pipe, how the injuries to his eyes were consistent with being punched, how the bruises to his torso and to his legs are consistent with being kicked.” “Kharey Wise and Kevin Richardson went to the scene of the crime. They went to that roadway and they said this is where we grabbed her. There’s blood on the roadway.”

Interrogation RecordedVideotaped part of interrogation
Jailhouse informant, Co-defendant, Incentivized WitnessCD
Examples of Non-Public or Corroborated Facts and Inconsistencies● Non-public details in codefendants McCray, Richardson, Salaam and Santana’s reported and false confessions (and defendant also reportedly falsely confessed), see False Confessions Appendix
Highest level reachedAppeal
Claims Raised During All Appeals and Postconviction
  • Fourth Amendment
  • Jackson Claim
  • Miranda or Edwards Claim
Harmless Error Rulings
  • G
Citations to judicial opinions

People v. Wise, 204 A.D.2d 133 (N.Y. App. Div. 1 Dept. 1994)

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