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.”
