DNA TESTS FREE 3 LONG ISLAND MEN CONVICTED OF TEENAGER'S 1984 RAPE-SLAY

The NY Post ^ | 06.12.03

[Coleus]

June 12, 2003 -- DNA evidence paved the way for the release yesterday of three men convicted of the brutal 1984 rape and murder of a Long Island teenager.

The convictions of John Kogut, 39, John Restivo, 44 and Dennis Halstead, 48 were vacated by a Nassau judge after tests showed that semen found on the body of 16-year-old Theresa Fusco of Lynbrook did not match any of their DNA.

[wideawake]

If one of them confessed even though he claims he was innocent and then implicates the two other men who also claim to be innocent - why would the other two, whom the first guy basically put in prison for 18 years, ever have a celebratory meal with him upon their release?

If the story painted by this article is true, the little dinner celebration is unfathomable.

[wotan]

And, why did he confess?

Perhaps police coercion was involved.

[alisasny]

I thought "coerced" confessions only happened with black yutes in NYC area.

[JLS]

Yeah what a story? Unless you can exclude the body fluid coming from anyone but the attacker and can say with certainty these guys did not attack the girl with others, I do not see this new evidence clears these three. This is not a rape case where the victim testifies that they had sex with no one else that day for example where a DNA no match is conclusive.

It would be very very interesting to hear about what other evidence the state had that prompted them to suspect the first arrestee.

[Mr. Bird]

That's what I was thinking. Clearly, they weren't convicted by false DNA evidence, so this is not necessarily a slam dunk get-out-of-jail-free card.

[Common Tator]

why would the other two, whom the first guy basically put in prison for 18 years, ever have a celebratory meal with him upon their release?

Not if the cops beat a confession out of him and the other two knew it. When there is a lot of pressure to solve a murder cops wil tend to think someone did it and then beat a confession out of him.

Other prisoners who knew what happened would tell them.

Have you ever been hit in the kidneys with a rubber hose filled with sand? It is not so bad until you find you can't control your bladder and what is coming out is blood red. The cops usually tell the person that they want the confession from that if they beat both kidneys, they will die in about 5 years from kidney failure... Would you like to sign here? I thought you would.

[Mr. Bird]

Have you ever been hit in the kidneys with a rubber hose filled with sand?

I hate it when that happens.

[AlaskaErik]

Ever notice that those freed after DNA testing were prosecuted in predominantly Democratic areas? I'm beginning to think there is a link between the two.

[Mind-numbed Robot]

If the story painted by this article is true, the little dinner celebration is unfathomable.

The event was sponsored by Barry Scheck, the DNA "expert" in the O.J. Simpsom trial. He has tried to stay in the limelight by pursuing this kind of case. If these guys are innocent then hooray for Barry. If not, then Barry is just another Johnny Cochren.

[RGSpincich]

If the story painted by this article is true, the little dinner celebration is unfathomable.

Unless they all think they got away with murder.

[metesky]

It ain't Democrat, it ain't Republican.

It's the cops.

[Mind-numbed Robot]

The two insisted they were innocent and Kogut later recanted his confession, but the three were found guilty.

If you are correct this would have been a wonderful time to mention it. Perhaps the journalism is sloppy but I think claiming that he was beaten into a confession would be relevant here.

We all know that cops use various methods to obtain confessions that do not involve violence so maybe they used some of those. Confessions are not always accurate nor freely given in the psychological sense of the word. However, was he read his rights? Did he ask for an attorney? Or maybe did he confess freely and then recant upon the advice of a lawyer at a later date. All is conjecture until we know more.

[wideawake]

Exactly.

[Coleus]

Ever notice that those freed after DNA testing were prosecuted in predominantly Democratic areas? I'm beginning to think there is a link between the two.>>>

I haven't correlated the two but will keep an eye out for it. You must note though many crimes do occur in the urban and low-income areas which are democrat.

[Coleus]

`

[Coleus]

why would the other two, whom the first guy basically put in prison for 18 years, ever have a celebratory meal with him upon their release?>>>>>>>>>>>>

I don't know, but if I were one of the two, I would be back in jail for beating the hell out of John Kogut. Unless they are all really guilty of the rape.

[rogue yam]

The cops usually tell the person that they want the confession from that if they beat both kidneys, they will die in about 5 years from kidney failure...

Are you speaking from some knowledge here or just talking out your @$$?

[jjm2111]

bump for later review.

[ContentiousObjector]

the police beat confessions out of people all the time, in some cases if they can't beat a confession out of someone they just make one up

a few years ago some cops claimed this illiterate mexican guy wrote a confession to a rape in english.

he was illiterate in spanish, didn't speak a word of english but apprently he wrote a complete confession in english and even wrote that the officers had not not beaten or otherwise mistreated him