Vincent Moto

The Crime 

Shortly after midnight on Dec. 2, 1985, a white woman was walking in Philadelphia when two men in a Chevrolet Caprice pulled up beside her and ordered her into the back seat at gunpoint. They drove to another location and sexually assaulted her, then stole her money, gold chain, and glasses.

The Investigation

Five months later, the victim, identified as L.Y., was walking down the street when she saw 22-year-old Vincent Moto with a young woman and child. L.Y. went to an office nearby and called the police. When the police arrived, Mr. Moto was arrested. He was charged with rape, involuntary deviate sexual assault, robbery, and criminal conspiracy.

The Trial

In January 1987, Mr. Moto went to trial in Philadelphia County Court of Common Pleas. L.Y. testified and identified him as her attacker. L.Y. also testified that prior to the trial, the second man in the car, who had never been identified or arrested, stopped her on the street. She said the man pointed a gun at her and threatened to harm her and her children if she testified against “Vincent.”

Mr. Moto denied committing the crime and said he had been home at that time. His parents testified and confirmed his alibi. 

On Jan. 9, 1987, a jury convicted Mr. Moto of rape, involuntary deviate sexual assault, robbery, and criminal conspiracy. Mr. Moto’s family obtained a new lawyer, Thomas L. McGill Jr., who filed a post-trial motion for a new trial alleging Mr. Moto’s trial defense attorney provided ineffective assistance of counsel. Following evidentiary hearings on Sept. 11, 1987, and Jan. 12, 1988, the court denied the motions and sentenced Mr. Moto to 12 to 24 years in prison.

The Exoneration

Shortly after the denial, Mr. Moto filed a motion for DNA testing. While the trial judge denied the motion, the court also ordered that all evidence in the case be preserved.

In 1992, the Innocence Project agreed to take Mr. Moto’s case and filed another motion for DNA testing. That motion was granted and the victim’s underwear, which contained semen, was sent to Forensic Science Associates (FSA), a California DNA laboratory.

FSA testing revealed the presence of DNA from three different men. Mr. Moto was excluded. As a result, the Innocence Project filed a motion to vacate Mr. Moto’s convictions.

On Nov. 13, 1995, Philadelphia County Court of Common Pleas Judge Joseph Papalini vacated Mr. Moto’s conviction and granted him a new trial. 

On July 15, 1996, the charges were dismissed and Mr. Moto was released.

In 1999, a state legislator proposed a bill that would have awarded Mr. Moto $200,000 in compensation. The bill never passed.