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City Pays Record $9.9 Million to Man Framed by "Mafia Cops"

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Barry Gibbs with attorney Barry Scheck in 2005. (AP)
A former postal worker who spent 18 years in prison for a murder he didn't commit won the largest personal settlement the city has ever agreed to pay: $9.9 million. Thanks to the Innocence Project, Barry Gibbs was set free in 2005 after prosecutors' key witness admitted that Detective Louis Eppolito had forced him pick Gibbs out of a line up, even though the man he'd seen was smaller and shorter. Eppolito and his partner Stephen Caracappa are in prison for life for taking part in mob-related killings and doing other dirty work for the Luchese crime family.

Gibbs, a recovering drug addict, was just getting his life back together and returning to his postal service job in 1986 when he was accused of strangling a 27-year-old prostitute to death and dumping her near the Belt Parkway. Gibbs knew the woman, and his lawyers say Eppolito focused the investigation on him because he was trying to protect the real killer, who may have had mob ties. Of course, Eppolito says he's the one who was framed, and during a deposition two years ago kept saying, "You know I’m innocent. I’m a case for the Innocence Project."

Gibbs, who lives in Canarsie and has severe health problems, will pay the standard 1/3 of the settlement to attorney Barry Scheck, a co-director of the Innocence Project whose private firm handled his case. Gibbs tells the Times, "The settlement I’m happy with; it was my bottom-line settlement. They are permanent scars. It’s been a long road. I’ve been through a lot, and it was very traumatic for me." Speaking with the Post, he added, "I think the whole criminal-justice system needs an overhaul. It's not just the cops; it's the whole justice system. They're lucky that they got away with what they got away with."

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  • just saying

    I guess no one bothered to read the links and/or the accompanying comments.

    At the time Barry Gibbs was arrested he was a known drug abuser (some commenters claimed that he had also previously threatened/beaten family members and refused to pay a dime of child support). Barry Gibbs was also known to have patronized the murdered prostitute. Because of his unsavory and possibly violent reputation, he was an easy patsy for the crooked cops.

    Of course, Gibbs never deserved to be imprisoned for a crime he didn't commit. But does Gibbs really deserve $9.9 million? That's about $525,000 (non-taxable) for each year he spent in prison. That's a helluva more than Barry Gibbs would have ever earned as a postal worker. Look at it this way: prison wasn't all bad for Gibbs. It probably helped him get completely clean from his drug dependency--plus he now has enough money to pay his back child support. lol

  • JacqueMehoff

    don't forget the cancer he has, that's just gravy on top of the settlement, right.

    don't deflect the blame, it's these 2 dirty cops who did much more damage to society than Mr. Gibbs.

  • just saying

    So Gibbs has cancer as do many other unfortunate people. His incarceration wasn't responsible for the cancer. So how does that make him more deserving of $9.9M? To reiterate, Barry Gibbs was no choir boy and his reputation made his an easy target for the rogue cops. And for the record, it wasn't just two crooked cops. Eppolito and Caracappa were part of a much larger corrupt NYPD culture that existed at that time.

  • inoyourider

    This is one of the few times where I believe an award is justified.

    Possibly even more than 9.9 mil.

  • JacqueMehoff

    Interesting comments in the 2005 link from Gothamist.

    someone mentioned DNA. I wonder how they feel now.

    9.9 million.

  • Ph

    Eppolito and Caracappa were two pieces of the most evil work you've ever seen.

    I bet there's a LOAD of cases of people they framed up who went down for stuff they didn't commit.

    These were cops, on the NYPD payroll, acting as hitters for the mafia.

    They should burn in hell.

  • James Hydell. RIP.

  • just saying

    Interesting facts: Eppolito was the 11th most decorated cop in New York history. In addition, Eppolito wrote an autobiography called: "Mafia Cop: The Story of an Honest Cop Whose Family Was the Mob." He must have some brass balls.

    Both Eppolito and Caracappa were "active" primarily during the '70s and '80s. During this period, the longest-serving mayor was Ed Koch who was mayor for 12 years (from 1978 through 1989).

    http://articles.latimes.com/2005/jul/15/nation/na-mobcops15

  • JacqueMehoff

    the fact that both still sleep at night and claim their innocence sickens me. I hate both of them, the fat dumb looking one and the bald skinny one.

    BTW any mention of this large award from our Mayor? close to 10 million is a lot of money. Money that could have gone to the NYPD.

  • rcltrh

    After the breakup of the Bee Gees and the death of his little brother Andy Gibbs, Barry Gibbs was never the same.

  • sexisicilian

    LMAO:))

  • Jesse

    This guy should have gotten at least $19 million to a maximum of $200 million. True it wouldn't make up for lost time, but it would force the city to clean up the department.

  • jt10000

    Yeah. I usually am not in favor of huge awards, but that one needs to be bigger.

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