Anthony Capozzi was released from state custody early this morning, officials said. He became the 23rd New Yorker to be proven innocent by DNA testing yesterday when an Erie County judge vacated his sentence and prosecutors dropped charges against him. He served 20 years for two rapes he didn’t commit.
The assistant district attorney who prosecuted Capozzi issued an apology last week:
“I deeply regret the outcome of this case,” she wrote. “I realize it brings little comfort or consolation to Mr. Capozzi or his family. I handled this case fairly and honestly based on all the evidence and information that was available at the time. This is the most troubling and upsetting circumstance in my 25 years as a lawyer and judge, and I am truly sorry for what happened in this case.”
Read Buffalo News stories on this case:
How Capozzi’s case went terribly wrong
Capozzi a free man after 22 years
(Buffalo News, 04/03/07, LexisNexis subscription required)
Read more about Capozzi’s case
and other people exonerated by DNA evidence.
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Capozzi case leads to renewed calls for a New York innocence commissions