In a recent Letter to the Editor that appeared in The New York Times, for­mer Governor Mario Cuomo urged New Yorkers to rethink the death penal­ty in light of recent inno­cence cas­es in the state:

Trapped in the System,” by Bob Herbert (col­umn, July 14), tells the har­row­ing sto­ry of the inno­cent Louisiana death row inmate Ryan Matthews and is a chill­ing reminder of the fal­li­bil­i­ty of America’s crim­i­nal jus­tice sys­tem, but New Yorkers should not delude them­selves that inno­cent peo­ple sit on death row only in the Deep South.

Just last month, the Innocence Project at the Cardozo School of Law, along with a coali­tion of vol­un­teer attor­neys from the tris­tate area, helped free three Nassau County men wrong­ful­ly con­vict­ed of the 1984 rape-mur­der of a Long Island teenage girl, after two rounds of DNA test­ing proved that a still uniden­ti­fied man was the real assailant. These three men had spent 18 years in our state’s prison sys­tem for a crime they did not commit.

If New York had the death penal­ty in the 1980’s, John Kogut, Dennis Halstead and John Restivo would most like­ly have been exe­cut­ed years before DNA evi­dence in their case proved their inno­cence. In light of the ever-grow­ing num­ber of exon­er­a­tions of the wrong­ful­ly con­vict­ed, New Yorkers should once again ask them­selves if the death penal­ty is worth the enor­mous risk it pos­es of exe­cut­ing the innocent.

(New York Times, July 16, 2003). See Innocence.

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