Fort Lauderdale - A Florida man was released from custody on Thursday after spending 26 years in prison for a rape and murder his lawyer says
he didn't commit.
Anthony Caravella was ordered released after a private laboratory test revealed someone else's DNA at the crime scene.
Although
it was once considered a rare and remarkable event, a growing number of
defendants are being ordered freed from prison as DNA tests continue to
uncover evidence of false confessions, shoddy police work, and questionable prosecution tactics.
Mr. Caravella's release on Thursday is conditional, pending further investigation. If the release order becomes permanent
he will be the 243rd person freed by DNA evidence nationwide, the 11th in Florida, and the fourth in Broward County.
Seth Miller, executive director of the Innocence Project of Florida, says despite the proven success of such efforts it is
becoming increasingly difficult for defense lawyers to pursue DNA testing.
"Across the state of Florida the state is opposing DNA testing more often on the front end, rather than taking a wait and
see approach," Mr. Miller says.
"Nobody likes to admit they are wrong," he says.
Prosecutors in the Caravella case have cooperated with defense lawyers in an apparent effort to uncover the truth.
Mr. Caravella was 15 years old in 1983 when detectives questioned him in connection with the murder of Ada Jankowski in nearby
Miramar, Fla. Caravella has an IQ of 67 and is considered mentally retarded.
His
lawyer, Chief Assistant Public Defender Diane Cuddihy, said in a court
motion that Caravella was threatened, beaten, pushed, and slapped by
police. He gave police four taped statements and one oral statement. He
eventually confessed to the rape and murder and was sentenced to life
in prison.
Ms. Cuddihy said the confession was based on
improper coercive interrogations that produced unreliable and false
admissions by her client. She said detectives asked leading questions.
She said even with leading questions, Caravella was unable to give
verifying details of the murder and rape that matched crime scene
evidence known to the detectives.
The public defender hired a private laboratory
to re-test DNA evidence gathered in the case. The results showed
someone other than Caravella raped Ms. Jankowski during the
murder-rape. In addition, Cuddihy accused police and prosecutors of
withholding a key piece of evidence from defense lawyers during
Caravella's trial.
The lawyer said the state failed to turn over to
defense lawyers an audio tape of a phone conversation between a police
detective in the Jankowski case and a man who said he had killed
Jankowski with Caravella.
"The audio tape, although delivered and received by the state attorney, was never disclosed to the defendant or his counsel,"
Cuddihy says in a court filing.
"The newly discovered DNA evidence proves that the defendant did not commit the sexual battery and murder," she writes. "The
hidden audio-tape further undermines the reliability of the verdict."
Miller
notes that false confessions contributed to a wrongful conviction in
about 25 percent of cases where DNA evidence resulted in a defendant's
release.
Frequently such confessions result from a combination of coercive interrogation tactics used against a person with mental
retardation, he says.