DRC Congratulates Neufeld, Scheck & Brustin On Historic Appellate Victory

January 20, 2017

Mr. Restivo and Mr. Halstead were wrongly convicted in 1986 and spent nearly 18 years in jail for a murder that DNA later proved they did not commit. The trial team that obtained the verdict was led by Neufeld Scheck & Brustin (NSB) partners Nick Brustin and Anna Benvenutti-Hoffmann. Ms. Benvenutti-Hoffmann argued the appeal before the Second Circuit, masterfully rebutting more than a dozen appellate arguments advanced by Nassau County. The decision upholds the jury's finding that the wrongful imprisonment of Mr. Restivo and Mr. Halstead was the direct result of misconduct by Nassau County Police Department lead detective, Joseph Volpe. The jury found that Volpe both fabricated and hid evidence from prosecutors. Because of his misconduct, the jury found that Mr. Restivo and Mr. Halstead were entitled to a combined $36 million in damages.

The Second Circuit catalogued the overwhelming evidence of Mr. Restivo's and Mr.

Halstead's actual innocence, noting "the evidence of their innocence provides an important backdrop for their claims at trial." Op. at 18. The Court also found the $18 million damage award made to each man was reasonable, noting "[the evidence shows that, as can be expected, plaintiffs suffered grave harm from their 18 years of wrongful incarceration." Op. at 100. In a 112-page opinion, the Second Circuit rejected every one of the many arguments Nassau County made to challenge the verdict and affirmed the over $43 million award - including attorneys fees, cost, and interest-in full.

In 1986, the men were tried and convicted for the rape and murder of Theresa Fusco. After their convictions, a series of DNA tests excluded the men as the rapists and proved that semen from the victim's body had come from an unknown assailant. In 2005, the Nassau County District Attorney's Office dismissed all charges against them and they were released.

Since their exonerations, Mr. Restivo and Mr. Halstead have fought to expose the misconduct by Nassau County police officers that caused their wrongful conviction and obtain compensation for the horror of their ordeal. They filed their federal civil rights suit in 2006 alleging that members of the Nassau County Police Department fabricated evidence, buried exculpatory leads, and lied about evidence.

DRC worked closely with Nick Brustin and Anna Benvenutti-Hoffmann and their associate, Alexandra Lampert, in preparing their overall case strategy. DRC assisted NSB with conducting a mock trial, drafting a jury questionnaire, jury selection, witness preparation and the creation of demonstratives aids used during opening statements and closing arguments.

DRC's Josh Dubin was added as trial counsel

to make cause arguments during jury selection. He also examined three key witnesses, including Mr. Restivo, Mr. Restivo's wife, and Innocence Project attorney Nina Morrison during the damages phase of trial.

DRC would also like to acknowledge the invaluable efforts of Adele Bernhard, Distinguished Adjunct Professor of Law at New York Law School, who runs the Post-Conviction Innocence Clinic. Ms. Bernhard uncovered critical exculpatory evidence that led to the exoneration of Mr. Restivo and Mr. Halstead.

Finally, DRC would like to recognize Kate Germond and Paul Casteleiro of Centurion (a non-profit organization based in New Jersey that works to exonerate the innocent), Nina Morrison (who also, through sheer grit and determination, discovered crucial exculpatory evidence leading to the exoneration), and Barry Scheck and Peter Neufeld of the Innocence Project (our heroes who work tirelessly to lead the charge in freeing the innocent all over the country and fight for criminal justice reform).