First Name | Scott |
Last Name | Fappiano |
Year of Conviction | 1984 |
Year of Exoneration | 2006 |
State of Conviction | New York |
Trial, Bench Trial, or Guilty Plea | Trial |
Type of Crime | Rape |
Death Sentence | No |
Gender of Exoneree | Male |
Race of exoneree | White |
Juvenile | No |
Did the defendant testify at trial? | No |
Types of evidence at trial |
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Type of Forensic Evidence |
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Types of Flawed Forensics |
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Brief Quote / Description of Testimony | Fappiano was an O secretor and cigarettes and a white towel recovered from scene exhibited A and H blood group substances. |
Identity of eyewitness |
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Multiple eyewitnesses | 2 |
Lineup Procedures |
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Suggestive Procedures | Yes ● Suggestive line-up |
Quotes from testimony #1 | Defense lawyer argued that “The only person who stands out in that picture, and primarily because of height, is Mr. Fappiano.You could see he’s inches below the two people who sit next to him. I mean really inches.” |
Unreliable Identification? | Yes ● Non-identification by third eyewitness, who did not testify at trial |
Highest level reached | Appeal |
Claims Raised During All Appeals and Postconviction |
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Harmless Error Rulings |
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Citations to judicial opinions | People v. Fappiano, 512 N.Y.S.2d 301 (N.Y. Sup. 1987) |