He Lost 3 Years and a Child, but Got No Apology


Locutus
+1
#1
How do you reel back lost years? How do you reconstruct a life turned to dust and rubble? How do you retrieve a love so precious that the mention of it causes your eyes to well?

You sit in a Manhattan office and put these questions to Amine Baba-Ali, a courtly middle-aged man with a white-flecked goatee and hair swept back from his forehead. In truth, he looks not so different from the last time I saw him, 23 years ago, when I was a reporter with New York Newsday.

Except that back then he was lost to hope, a long-term tenant in the Eastern Correctional Facility in Napanoch, N.Y. “My vacation home,” he said, with a melancholy smile.

In 1989, he was convicted of the unspeakable: climbing into bed and raping his 4-year-old daughter. The accusation came from his ex-wife, with whom he was then caught up in a bitter divorce battle. He was found guilty of raping his daughter and was sentenced to 81/3 to 25 years.

But he was wrongfully convicted.

In the years to come, multiple courts found that the evidence against him was one legal atrocity piled atop another. The Queens district attorney’s office had hidden exculpatory evidence from the defendant. They denied this at first, only to later acknowledge it in court papers.


more


www.nytimes.com/2014/05/15/ny...o-apology.html (external - login to view)
 
B00Mer
+1
#2
That is totally messed up.. they should go back a charge the wife for false statements to the police.
 
Sal
+4
#3  Top Rated Post
what a horrendous miscarriage of justice...how do people destroy a man's life and go on living a normal life?

He made an interesting statement: “Who would believe a doctor would lie? A prosecutor would hide evidence? I’m not sure a lay person can comprehend what it is to live with justice denied.”

In my estimation to be charged with such a crime the raping of his own daughter and to know he is innocent would be the worst possible living nightmare.

Who knows what else happened to him while in jail. People think it is fine to rape a rapist. No one ever really worries about "what if they are innocent".

There is a long chain of people in this saga who are guilty. One and a quarter million is a small amount to receive and it took years and years, but at least it will help him out financially.

And his poor daughter. What lies were fed to her? Did the lies destroy her?
 
Praxius
#4
Find the ex... Publically flog her with a frozen chicken and then lock her in a Pillory for a day.
 
Sal
+1
#5
Quote: Originally Posted by PraxiusView Post

Find the ex... Publically flog her with a frozen chicken and then lock her in a Pillory for a day.

I wouldn't have a problem with her being charged. Probably Amine Baba-Ali is the kind of guy who feels it would be wrong to ruin anothers' life. Probably has a sense of fair play and moving on instead of focusing on revenge.

The fact that he has not attempted to contact his daughter is upsetting although I understand wading through that kind of murk might just destroy the girl. The mother must have had to lie to her in the extreme. For a woman to be told she was raped as a child when in fact she was not indicates child abuse and that the mother is a very unbalanced individual. Not someone who should be raising a child.
 
Tecumsehsbones
+2
#6
Statute of limitations has run.
 
SLM
+3
#7
Quote: Originally Posted by SalView Post

For a woman to be told she was raped as a child when in fact she was not indicates child abuse and that the mother is a very unbalanced individual. Not someone who should be raising a child.

That ship has long sailed and that damage done. And it can't be undone.

I absolutely abhor a woman who fakes a rape charge, makes her almost worse than a rapist if not actually worse.
 
Sal
#8
Quote: Originally Posted by TecumsehsbonesView Post

Statute of limitations has run.

oh, what about child abuse then is there an angle there...not that he could use it, he loves he daughter too much obviously..
 
Tecumsehsbones
+1
#9
It would be interesting, and possibly quite amusing, to see how f*cked-up the kid is.

Quote: Originally Posted by SalView Post

oh, what about child abuse then is there an angle there...not that he could use it, he loves he daughter too much obviously..

I very much doubt it. It would involve asking a court to find that lying about a rape, in and of itself, constitutes child abuse.

Major stretch.
 
SLM
+3
#10
Quote: Originally Posted by TecumsehsbonesView Post

It would be interesting, and possibly quite amusing, to see how f*cked-up the kid is.

What you find amusing is pretty f*cked up.
 
Sal
#11
Quote: Originally Posted by SLMView Post

That ship has long sailed and that damage done. And it can't be undone.

I absolutely abhor a woman who fakes a rape charge, makes her almost worse than a rapist if not actually worse.

we have two hospitals in town...all rapes get taken to one over the other when possible... my girlfriend used to take blood... worst ever was when they got a child and the mother was accusing the dad of rape...kid has to be examined and give blood...kid is always traumatized beyond what they should ever have to endure

that is mental illness to use a child against the other parent
 
JLM
#12
Quote: Originally Posted by LocutusView Post

How do you reel back lost years? How do you reconstruct a life turned to dust and rubble? How do you retrieve a love so precious that the mention of it causes your eyes to well?

You sit in a Manhattan office and put these questions to Amine Baba-Ali, a courtly middle-aged man with a white-flecked goatee and hair swept back from his forehead. In truth, he looks not so different from the last time I saw him, 23 years ago, when I was a reporter with New York Newsday.

Except that back then he was lost to hope, a long-term tenant in the Eastern Correctional Facility in Napanoch, N.Y. “My vacation home,” he said, with a melancholy smile.

In 1989, he was convicted of the unspeakable: climbing into bed and raping his 4-year-old daughter. The accusation came from his ex-wife, with whom he was then caught up in a bitter divorce battle. He was found guilty of raping his daughter and was sentenced to 81/3 to 25 years.

But he was wrongfully convicted.

In the years to come, multiple courts found that the evidence against him was one legal atrocity piled atop another. The Queens district attorney’s office had hidden exculpatory evidence from the defendant. They denied this at first, only to later acknowledge it in court papers.


more


www.nytimes.com/2014/05/15/ny...o-apology.html (external - login to view)

Pretty paltry compensation- he should have gotten that much for EACH of the three years incarcerated- some of which should come out of the prosecutor's pocket!
 
Sal
#13
Quote: Originally Posted by TecumsehsbonesView Post

It would be interesting, and possibly quite amusing, to see how f*cked-up the kid is.


I very much doubt it. It would involve asking a court to find that lying about a rape, in and of itself, constitutes child abuse.

Major stretch.

a major stretch but the truth none the less...the child had to examined repeatedly due to the lie and anyone that would do such an horrendous thing to their child clearly should not be a parent
 
Tecumsehsbones
#14
Quote: Originally Posted by SLMView Post

What you find amusing is pretty f*cked up.

Thank you, dear.
 
Sal
#15
do prosecutes have insurance...where does this money come from that he gets?
 
taxslave
+3
#16
Everyone involved with the persecution should be jailed. From the DA on down.
 
Sal
#17
Quote: Originally Posted by taxslaveView Post

Everyone involved with the persecution should be jailed. From the DA on down.

and the doctor that lied...and how does one induce a doctor to lie anyhow? or was she a nutbar too?
 
Tecumsehsbones
#18
Quote: Originally Posted by SalView Post

do prosecutes have insurance...where does this money come from that he gets?

Not bloody likely. The money comes out of the jurisdiction's general fund. . . i.e., the taxpayers.

On the other hand, they no doubt elected the DA on a platform of "cracking down on criminals," so it's past time they learned there are consequences for their actions.
 
Sal
+1
#19
Quote: Originally Posted by TecumsehsbonesView Post

Not bloody likely. The money comes out of the jurisdiction's general fund. . . i.e., the taxpayers.

On the other hand, they no doubt elected the DA on a platform of "cracking down on criminals," so it's past time they learned there are consequences for their actions.

DA's are elected? what is the pro and con of that system?

can't the doctor be prosecuted?
 
taxslave
+2
#20
Quote: Originally Posted by SalView Post

DA's are elected? what is the pro and con of that system?

can't the doctor be prosecuted?

No pros, lots of cons. Some places even elect the dog catcher.
 
Tecumsehsbones
+1
#21
Quote: Originally Posted by SalView Post

DA's are elected? what is the pro and con of that system?

Yep. I'm not sure what the pro is, but generally the con is that you have the equivalent of Crown's attorneys focussed on the political polls.

Quote:

can't the doctor be prosecuted?

Possibly. Tough case to make. Expert testimony is all opinion, so you can't get them on perjury.

And as I said, the statute of limitations ran long ago.
 
Sal
#22
Quote: Originally Posted by TecumsehsbonesView Post

Yep. I'm not sure what the pro is, but generally the con is that you have the equivalent Crown's attorneys focussed on the political polls.


Possibly. Tough case to make. Expert testimony is all opinion, so you can't get them on perjury.

And as I said, the statute of limitations ran long ago.

thanks... I know it was long ago and our system has changed but there still have to be plenty of people who are in prison who are innocent...the only way to get around that would be to have someone that really believed you due to the evidence and was willing to put in a lot of time on your behalf.

sad and scary actually
 
Tecumsehsbones
#23
Quote: Originally Posted by SalView Post

thanks... I know it was long ago and our system has changed but there still have to be plenty of people who are in prison who are innocent...the only way to get around that would be to have someone that really believed you due to the evidence and was willing to put in a lot of time on your behalf.

sad and scary actually

There's an outfit here called The Innocence Project. Lawyers, mostly young, who search the records for people they think were actually innocent (as opposed to "not guilty") and take up their cases.

Good people. Bad lawyers.
 
JLM
#24
This is an American case but I suppose after what happened to David Milgaard, the same thing could still happen in Canada, although I would certainly hope not. I guess liars are a permanent specie.
 
Sal
#25
Quote: Originally Posted by TecumsehsbonesView Post

There's an outfit here called The Innocence Project. Lawyers, mostly young, who search the records for people they think were actually innocent (as opposed to "not guilty") and take up their cases.

Good people. Bad lawyers.

well if they are bad lawyers it won't help much...still worth a try though I guess...they only make movies about the good lawyers fighting the good fight for the innocent

every once in a while though, it hits the news where you hear about an innocent finally released and it usually involves some lawyer that believed and worked for years for free
 
Tecumsehsbones
+1
#26
Quote: Originally Posted by SalView Post

well if they are bad lawyers it won't help much...still worth a try though I guess...they only make movies about the good lawyers fighting the good fight for the innocent

every once in a while though, it hits the news where you hear about an innocent finally released and it usually involves some lawyer that believed and worked for years for free

You do what you can. My interest is focussed elsewhere, but I send 'em money.
 
Sal
#27
Quote: Originally Posted by TecumsehsbonesView Post

You do what you can. My interest is focussed elsewhere, but I send 'em money.

we are all called in different ways to heal the planet... we give as called...no one can criticize that...well actually people do but... they are wrong
 
IdRatherBeSkiing
+2
#28
I think each person responsible, ex-wife, procecutor, doctor, should each serve his sentence in full as punishment for their crime. But I have no doubt they will each get off scott free or with a hand slapping.
 
JLM
#29
Quote: Originally Posted by IdRatherBeSkiingView Post

I think each person responsible, ex-wife, procecutor, doctor, should each serve his sentence in full as punishment for their crime. But I have no doubt they will each get off scott free or with a hand slapping.

Helluva good idea, but I do have one concern, as soon as any professionals spend time in jail there's a danger in future of everyone just "clamming up".
 
Ron in Regina
+1
#30
Quote: Originally Posted by JLMView Post

Helluva good idea, but I do have one concern, as soon as any professionals spend time in jail there's a danger in future of everyone just "clamming up".

....or telling the truth, the whole truth, etc....
 
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