Dna Clears Capozzi In Delaware Park Rapes

[atotaltotalfan2001]

DNA CLEARS CAPOZZI IN DELAWARE PARK RAPES
By Matt Gryta - News Staff Reporter
Updated: 03/28/07 11:50 AM


Anthony J. Capozzi, who has spent more than two decades in state prison for two Buffalo rapes, has been exonerated by DNA evidence from two Delaware Park sex attack victims both now linked to the jailed Altemio Sanchez, Erie County District Attorney Frank J. Clark said today.

Clark said the break in the case came through the help of Dr. James J. Woytash, chief Erie County medical examiner, who helped locate evidence from thousands of rape victims, long displaced in the ECMC pathology lab. That evidence confirmed Sanchez' link to those rapes, Clark said.

Capozzi's lawyer Thomas C. D'Agostino said the Capozzi family is "overjoyed" at the news and he said he will begin court proceedings in an effort to get Capozzi released from custody within the next month.

Capozzi was convicted of two Delaware Park-area rapes in the mid-1980s. After the arrest of Sanchez in the rape and murders of several women, some Buffalo detectives said they believed the attacks were committed by the Bike Path Killer.

Capozzi was charged with three 1983 and 1984 rapes, and convicted of two, based largely on the victims' identifying him in two police lineups. He has been held since his September 1985 arrest.

Buffalo Detective Dennis A. Delano led the public charge to have Capozzi released, saying he was convinced of Capozzi's innocence.

"In my 28 years of law enforcement, I've never come to the conclusion that anybody was innocent before," Delano said in February. "So why would I come out of the clear blue sky and say he was innocent?" Capozzi already has served more than 21 years in jail, after being sentenced to a term of up to 35 years in prison on the two rapes. He first became eligible for parole in 1997.

These are some of the reasons investigators believed Capozzi went to prison for crimes the Bike Path Rapist/Killer committed:

Investigators already have linked the Bike Path Rapist to attacks that occurred in Delaware Park in 1981 and 1986, in the same area near the statue of David.

In each of the three Delaware Park attacks tied to Capozzi, the rapist told his victim to wait, either 10 or 20 minutes, before fleeing. In the 10 other cases previously tied to the Bike Path Rapist, every surviving victim who remembered the attack said her assailant told her to wait for a similar length of time.

The attack in each of the three Delaware Park cases occurred after the rapist walked or jogged toward the victim, before attacking her from behind or as he passed her. Similarly, surviving bike path victims told investigators they were attacked either from behind or as their assailants passed them, almost always after the attacker walked or ran toward them.

Clark said Sanchez, now facing a possible life sentence in rapes and murders, will not be prosecuted for the Delaware Park incidents because of statute of limitation problems

[atotaltotalfan2001]

That poor poor guy. Another sin on Sanchez's head, as far as I'm concerned.

[NoCtUrNaL]

Capozzi was charged with three 1983 and 1984 rapes, and convicted of two, based largely on the victims' identifying him in two police lineups.

WTF...who was his lawyer, Gomer Pyle? Didn't he have an alibi?

[Achbek1]

I hope he gets a really good plate of spaghetti when he come home

[Linda_D]

WTF...who was his lawyer, Gomer Pyle? Didn't he have an alibi?

I believe that Capozzi has psychological problems because of a head injury or something like that which didn't make him all that great a client. He and Sanchez looked similar at the time, and Capozzi was picked out of a line-up by at least one of the victims. Sanchez wasn't included among the suspects because even though a victim spotted him in a mall and gave the police a license #, Sanchez' uncle (owner of the vehicle) lied to the police about Sanchez using the car.

This case is another reason to really question the death penalty, particularly in any case but the most grievous instances. Capozzi wasn't ever on death row, but there were like 10 death row inmates in Illinois who were exonerated by DNA evidence a few years ago. It led to the Illinois governor suspending executions.

[atotaltotalfan2001]

I believe that Capozzi has psychological problems because of a head injury or something like that which didn't make him all that great a client. He and Sanchez looked similar at the time, and Capozzi was picked out of a line-up by at least one of the victims. Sanchez wasn't included among the suspects because even though a victim spotted him in a mall and gave the police a license #, Sanchez' uncle (owner of the vehicle) lied to the police about Sanchez using the car.

This case is another reason to really question the death penalty, particularly in any case but the most grievous instances. Capozzi wasn't ever on death row, but there were like 10 death row inmates in Illinois who were exonerated by DNA evidence a few years ago. It led to the Illinois governor suspending executions.

What's also alarming is that if the police hadn't picked up Sanchez, there would have been no momenteum to re-examine the case against Capozzi.

Just amazing. Not even the cops thought Capozzi was guilty.

[Surfing USA]

This thread looks familiar. What does Capozzi have to do with war in Iran anyhow?

http://forums.speakupwny.com/showthread.php?t=12062

[NoCtUrNaL]

I believe that Capozzi has psychological problems because of a head injury or something like that which didn't make him all that great a client. He and Sanchez looked similar at the time, and Capozzi was picked out of a line-up by at least one of the victims.

If memory serves, Capozzi has a large scar on his face (which Sanchez does not)....how the hell did the victims who picked him out of a line-up miss that?

Regarding his assisting in his own defense, how about an alibi, was he alone at the time of both rapes?


Now that he's done the time, does that mean if he maxes out his sentence he can go rape those two women who originally identified him for free....you know double jeopardy and whatnot?

[4248]

Buffalo Detective Dennis A. Delano led the public charge to have Capozzi released, saying he was convinced of Capozzi's innocence.

"In my 28 years of law enforcement, I've never come to the conclusion that anybody was innocent before," Delano said in February .


"So why would I come out of the clear blue sky and say he was innocent?" Capozzi already has served more than 21 years in jail, after being sentenced to a term of up to 35 years in prison on the two rapes.

He first became eligible for parole in 1997.(why wasn't the blood/DNA sample examined at this point?)

Glad this guy never pulled me over!

P.S. This is not a question for therising