N.Y. Jogger Rape Convictions Thrown Out

A Manhattan judge threw out the convictions of five men in the Central Park jogger rape case on Thursday, agreeing with prosecutors that newly discovered DNA evidence had implicated another man in the brutal attack.

Supreme Court Judge Charles Tejada, noting that “the duty of the prosecutor is to seek justice, not merely to convict,” dismissed the rape and assault convictions in the notorious 1989 crime that exposed the city’s racial tensions. He based his decision, which was widely expected, largely on a Dec. 5 recommendation by Manhattan Dist. Atty. Robert M. Morgenthau that all of the convictions be overturned.

The case was thought to have been settled long ago, when two juries convicted five black and Latino teenagers in the beating and rape of a white 28-year-old investment banker. Although she lost nearly 80% of her blood, the woman, now 41, made a miraculous recovery and will publish a book next year about her experience.

The controversy resurfaced this year when Matias Reyes, a serial killer and rapist serving a life sentence, confessed that he alone had attacked the jogger. The district attorney’s office quickly reopened the case, and determined that DNA evidence linked Reyes to the attack. Although the five defendants had confessed to participating in the crime, prosecutors concluded that the accused, who were 14 to 16 at the time, might have prevailed in their original trials if Reyes’ involvement had been known.

Tejada’s courtroom, which was packed with supporters of the five, exploded in cheers when he announced his decision.

“It’s justice that I’ve wanted for my son,” said Sharonne Salaam, mother of defendant Yusef Salaam, at a news conference outside the Manhattan Criminal Court Building. “I want justice for him, and I want accountability for the police and the D.A., all those who chose to sidestep justice in order to solve this crime. They had every opportunity to find the guilty and they chose not to.”

All of the original defendants have completed their prison terms, which ranged from seven to 13 years.

Michael Warren and other attorneys representing the men said they would immediately begin plans to file civil lawsuits against the city. Saying “a battle to seek justice” was just beginning, Warren charged that police and prosecutors used abusive, illegal tactics in convicting Salaam, Raymond Santana, Antron McCray, Kevin Richardson and Kharey Wise.

However, New York police officials have strongly defended their actions in the original investigation, saying the boys were not coerced into making confessions.

Members of the Detectives Endowment Assn., a labor organization, tried but failed Thursday to get a higher court to block Tejada’s ruling. They said they still believed the five defendants had participated in the attack and would consider seeking an appeal of the judge’s decision.