After serving 11 years in maximum security prison, Richard sought to overturn his conviction based upon new evidence that “witnesses were pressured and manipulated into giving an account of the tragic events of October 3, 1996, that matched the prosecution’s theory of the case, but not what they had actually seen.”
After an eight-day evidentiary hearing, the court determined “the most reliable statements made by witnesses regarding the shooting are those that were made on October 3, 1996…before the intimidation, interrogation and will-bending tactics of the police and prosecution were upon him, and at a time when Mr. Dillon had no reason to lie, embellish or otherwise misrepresent the facts.”
The County Court vacated his conviction, ordered his release, and denied the prosecutors the right to re-indict, finding him innocent of all charges. Richard was released from Eastern Correctional Facility on September 19, 2008.
Richard immediately obtained employment with Local 147 of the Sandhogs Union. He established his own residence, reconnected with family and friends, and met and fell in love with a wonderful young woman, and was looking forward to building a future with her.
Nearly two years later, in 2010, the Appellate Division, responding to the DA’s appeal, shockingly reversed the trial court’s rulings, reinstated his conviction, and sent him back to prison to serve out his life sentence. Incredibly, the Appellate Division took this action even though it did not take issue with the Trial Court’s description of the pressure applied to the witnesses or the effect that the pressure had on their statements or on their trial testimony. Without any legal remedies left, Richard with the support of thousands of people, including all the major police unions, has asked Governor Andrew Cuomo for clemency.