False Rape Claim Costs NY Man 20 Years and the State $2M
- From: "MCP" <gf010w5035@xxxxxxxxxxxxxxxx>
- Date: Sun, 5 Apr 2009 06:40:33 +0100
The wife who lied, the prosecutor who withheld evidence, the incompetent
defense attorney. Add those three together and you have a man ruined by the
judicial system. Read about it here (The New York Times, 3/24/09).
In the late 1980s, Amine Baba-Ali (pictured) was in the middle of a "nasty"
divorce in Queens when his wife played the rape card. This time she claimed
he had raped his 4-year-old daughter. Assistant DA Elizabeth Loconsolo
prosecuted, ignored and withheld exculpatory medical evidence and the
defense lawyer failed to call as witness's doctors who would have
contradicted the state's case. The chief medical witness for the
prosecution, Dr. Nadine Sabbagh, claimed to have found evidence of multiple
rapes, apparently not disclosing that the child's hymen was intact.
So Baba-Ali was convicted of a crime he had not committed and began serving
an 8- 25 year sentence. The mother got custody and the child lost her
father. Three years later, Baba-Ali's conviction was reversed on appeal
and, with doctors more reputable than Dr. Sabbagh finding that the child had
never been harmed, prosecutors dropped the case.
But by then, the damage had been done. Three years in prison tagged as a
child rapist is nothing anyone wants to endure, but his felony conviction
meant that Baba-Ali would be denied jobs when he got out. Still, he fought
the legal system that had so damaged his life, and 20 years after his
original conviction, the State of New York has been ordered to pay him
The judge who wrote the opinion in his compensation case called the DA's
behavior "prosecutorial misconduct that was tantamount to fraud." He wrote
that Dr. Sabbagh had lied. What, if anything he wrote about Baba-Ali's
wife, this article doesn't say.
His daughter, now 26, wants nothing to do with him after two decades apart
and many accusations against him. Sounds like PAS to me.
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