Legal Question in Criminal Law in New York

Can an inmate who pled guilty to something he did not do, reopen the case or app

My husband is serving a 15yr sentence he was given for pleading guilty to a crime he did not commit. According to court records, my husband admitted to aiding another man rape a woman by holding a pistol to her head. My husband was 18 when he was arrested and did not have a family, knowledge or enough legal advice to give him the support he needed to go to trial instead of just pleading guilty. He was represented by a state appointed DA who ''advised'' him to take the plea since the situation didn't look good and he was in trouble with the law before (for lesser charges robbery, marijuana). The man who did rape this woman is serving time for the rape and only rcvd 7yrs; my husband, who pled guilty to accessory, rcvd 15yrs-all other charges linked to this case were dropped. I have been seeking legal advice, but always get the same answer,''there is nothing to be done since he pled guilty'', and I understand, but nobody looks at the whole picture. My husband was given this if he pled guilty or 25 to life if they went to trial and was found guilty. I just need to know if I can re-open or appeal this decision, no matter if he previously pled guilty-we also fear that if we pursue the court might turn around and give him the 25 to life.


Asked on 11/12/03, 1:46 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can an inmate who pled guilty to something he did not do, reopen the case or

You have my sympathies in what is obviously a very real mis-carriage of justice. They are rare, but they happen. As a member of the legal profession, I apologize.

You are correct that the plea prevents appeal and many other remedies. However, that is not the end of your researches.

There are options and the best place to look is 'prisoner rights' groups. The help you need can be found there.

Any remedy besides parole will require some evidence that he is innocent. Will the actual criminal assist him? Does he have other evidence?

Good luck.

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Answered on 11/12/03, 5:55 pm


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