Judge To Exonerate Man Wrongly Jailed For Rape

A judge announced on Monday that he will likely throw out the conviction and dismiss the indictment of a Bronx man who was incarcerated for four years on rape charges that his accuser has admitted were made-up. Though he didn't immediately clear William McCaffrey's name, State Supreme Court Justice Richard D. Carruthers said "it seems from what I hear, the case against William McCaffrey should be dismissed," according to the Times.

McCaffrey, a 32-year-old former construction worker, was sentenced to 20 years in prison after Biurny Peguero Gonzalez, 27, claimed he and two other men raped her at knife-point in a van in Manhattan. After a religious conversion, Gonzalez has since confessed that she blamed McCaffrey to cover up for her girlfriends, and DNA tests revealed that the bite marks on her arm and shoulder did not contain evidence of a Y chromosome — meaning they weren't made by a man.

"I don't want this gentleman to have to wait any longer than is absolutely necessary for finality in this case," said Justice Carruthers, who is expected to issue an official ruling that will clear the charges against McCaffrey — who is currently free on bail — on Dec. 10. A grand jury is currently conducting a perjury investigation against Gonzalez, according to her attorney, who told the Times he hopes his client will not be charged because she has been cooperative in working towards McCaffrey's release. “She’s had a very difficult childhood,” said the lawyer, “and there are a number of psychological factors that, I think, will be revealed ultimately that will demonstrate why this unfortunate situation occurred.”

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By Ben Muessig in News on November 24, 2009 5:48 PM

Comments [rss]

Bouncy

She should be deported.

With no concrete physical evidence, how was Mr. McCaffrey convicted? On her testimony alone?

youngpro

this poor guy spent 4 years of his life wasted because of her perjuring herself.

religious conversion my ass; “She’s had a very difficult childhood'- f that.

"and there are a number of psychological factors that, I think, will be revealed ultimately that will demonstrate why this unfortunate situation occurred" yeah because your client is a liar and disgrace to the legal system and the rest of society.

abadaba

Yeah, I think she should serve the rest of his sentence. Fair is fair.

Personally, I'd rather be raped than spend 4 years in prison, damn...

Boogie Down

She should serve out the rest of this sentence.

MacMuttonchops

Wait wait wait wait wait...this happened just in 2005 and there was no evidence confirmed or refuted based on DNA? This is something that happens thirty years ago, not today!

kplunkett

Nope! Charges need to be filed against her! Religion conversion my ass. She came clean because of the new evidence this past year and probably some serious pressure. Give her jail time.

farleft

F her.

books

it occured because our predjudiced legal system chews up and spits out men on a daily basis.

JenChungsBaby

It could have been worse. He could have got divorved.

Soggy

I hope you don't have the crazy idea that it treats women any better, especially women who have been raped.

books

actually I do think the legal system plays softball with women - you see it all the time - the woman a few weeks ago who claimed the guys in LI raped her, then it turned out she lied 'my bad!' - she got off scott free - or the NYU girls who were dealing coke - they got off with no jail time - or anytime a cougar teacher is messing around with a 13 year old boy, or that women get custody in 90% of divorces or other the other marriage law bs and on and on -

I get it. I know how the system works, do you?