FULL TEXT: An assistant District Attorney conscientiously
switched from public prosecutor to public defender and won vindication
yesterday for two teen-age boys falsely accused of attempted rape. They had
been released from jail ten days ago after five months imprisonment awaiting
trial.
Peter D. Andreoli, of District Attorney Frank S. Hogan’s
staff, was scheduled to prosecute Enerio Santo, sixteen, and Victor Caban,
seventeen, on a four-count indictment charging rape, assault and violation of
the Sullivan law.
In studying the case against them, based solely on the
testimony of the alleged victim – a fifty-one-year-old woman – the prosecutor
came to the conclusion that parts of her story “did not fit.”
After thorough investigation. Mr. Andreoli came into General
Sessions with new evidence yesterday showing that the woman, Mrs. Mary Gillen,
of 44 W. 86th St., had been intoxicated and “had imagined it all
happened.”
As a result, Judge Harold A. Stevens dismissed the charges
against the boys, praised Mr. Andreoli for “excellent work in the highest
tradition of the District Attorney’s office” and tongue-lashed Mrs. Gillen for
“one of the most reprehensible things that the court has experienced.”
The boys, both unemployed restaurant workers, were arrested
at 2:10 a. m., June 25 in Central Park near W. 88th St., when police
found Mrs. Gillen “almost naked” lying on a path near them. Mrs. Gillen charged
that they accosted her, forced her into the park at knife-point, tore off her
clothes and attempted to rape her.
~ Lodged in the Tombs ~
The boys were locked up in default of $10,000 bail each and
were lodged in the Tombs waiting trial, scheduled for next week. Mr. Andreoli
began working on the case and questioned all concerned.
He obtained from police records the name of a man who had
been strolling on Central Park West at the time of the alleged rape. He was
John J. Brady, of 58 North Lansing St., Albany.
With the co-operation of Albany police, Mr. Andreoli had Mr.
Brady returned to the city. He questioned him and later had the witness confront
Mrs. Gillen. Mr. Brady, the prosecutor said, told him that he was helping a
crippled woman that morning when Mr. Gillen, whom he described as being drunk,
approached him and tried to kiss him. Mr. Brady said he pushed the woman away
and watched her “stagger toward the two kids.”
~ Admits Visiting Bars ~
Mr. Adreoli said he then questioned Mrs. Gillen, who
admitted she had visited several bars that night and that “her recollection was
not too good.” She admitted that Mr. Brady looked “familiar” and then,
according to Mr. Andreoli, “admitted that the story she told police was what
she imagined had happened as she could not see why she should be in the park
with these two boys.”
As a result of his findings, Mr. Andreoli moved on Nov. 30
for parole of the two boys pending of the two boys pending completion of his
investigation. Judge Stevens acceded and asserted he did not wish the youths to
“spend another minute injail” if they were innocent.
Judge Stevens dismissed the indictment on Mr. Andreoli’s
recommendation and told him:
“When we find an official who not only accept the
allegations but, when some occasions arise which create a doubt in his mind he
uses all the facilities and resources at his command to ascertain the truth, we
feel that he is deserving of the highest commendation, and we do so commend
you.”
[“Prosecutor Clears 2 Boys Held 5 Months in Rape Case,” New
York Herald Tribune (N.Y.), Dec. 10, 1954, p. 25]
***
This rape fantasy stuff was going on way back in the 50s! I had no idea. And yet again we see the police letting her go with no penalty for falsely accusing innocent people. Great article!
ReplyDeleteback then they had to take the word of whoever was available. eyewitness testimony is the worst possible you can use but until there was reliable technology available it was all you had.
ReplyDelete