NYC man dies after wrongfully spending 23 years in prison

Reuters / Mark Makela

Reuters / Mark Makela

A New York City man who served 23 years in prison for a crime he did not commit died unexpectedly over the weekend only three days before proceedings were slated to begin concerning his $124 million false imprisonment federal lawsuit.

William Lopez, 55, died on Sunday from an asthma attack, his
lawyer told reporters this week. A pre-motion conference
pertaining to his case had been scheduled for Monday, and
proceedings were set to begin on Tuesday; the hearings have since
been postponed until a representative could be appointed to the
estate, attorney Dennis Kelly told the Associated Press.

Lopez served nearly a quarter-century in prison for murder before
a judge threw out the conviction in January 2013 and said the
case had been “rotten from Day 1.”

“[W]hat is far from close in the court’s view is that Lopez
has been wronged by the State of New York,”
Judge Nicolas
Garaufis said early last year, citing in his 57-page decision, among other contributing factors,
“an overzealous and deceitful trial prosecutor,” “a
series of indolent and ill-prepared defense attorneys
” and
a bewildering jury verdict.”

“In short, the prosecution’s evidence was flimsy to begin
with and has since been reduced to rubble,”
Judge Garaufis
wrote. “The result is that a likely innocent man has been in
prison for over 23 years. He should be released with the State’s
apology.”

The Bronx man was originally found guilty of killing a drug
dealer during an August 1989 altercation in Brooklyn and received
a sentence of 25-years-to-life as a result. This past March,
Brooklyn’s new district attorney, Kenneth Thompson, said his
office “concluded that there is a sufficient possibility that
Lopez is not guilty
” and that pursuing an appeal after the
conviction was overturned would be “contrary to the interest
of justice
.”

“My brother Bill was greatly bothered by the fact that his
life was dramatically impacted by being wrongfully convicted, as
well as his knowledge that many other wrongful convictions have
taken place without any changes in the system,”
Lopez’s
brother, Eugene, told the New York Post this week.

The deceased’s wife, Alice, is expected to soon be appointed as a
representative to Lopez’s estate where she may follow through
with plans to seek $124 million over her husband’s incarceration.
The two were married while Lopez was in prison and have a
daughter who was only 14-months-old when the original sentence
was served 25 years ago.

“In the 20 months of freedom he had after his release, he
found some measure of happiness, spending time with his wife,
Alice, and rediscovering simple pleasures, such as watching
football with friends on Sundays,”
the NY Post wrote of
Lopez on Monday after speaking with friends of the man.

Earlier this year, Jonathan Fleming announced that would be suing New
York City for $162 million after he was cleared of a separate
1989 murder conviction that kept him behind bars for nearly 25
years. Fleming’s release in April came only three months after
Kenneth Thompson, the Brooklyn DA, released two other men from prison after they served
21 years each for a triple homicide they did not commit.


Source Article from http://rt.com/usa/189748-william-lopez-prisoner-asthma/

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