Alan Newton has hit yet another roadblock in his fight to collect the $18 million a jury awarded him in 2010 for a wrongful rape conviction.
Manhattan Federal Court Judge Shira Scheindlin threw out Newton’s jury verdict in 2011, but the U.S. Second Circuit Court of Appeals reversed her decision in 2015.
The city’s Law Department has continued to fight the payout – and Scheindlin has asked the Second Circuit to weigh in, writing in new court papers she needs “clarification on how to proceed.”
While Scheindlin junked the jury’s award, she did not address the city’s request for a new trial or a reduced verdict at that time which, she maintains, was “in error.”
The Second Circuit also did not discuss the city’s request for a new trial or reduced verdict, so she’s now asking the circuit court whether she can make a decision on these requests.
Newton, 54, was convicted in 1985 of rape and robbery in an abandoned Bronx building the previous year. Newton was exonerated in 2006.
Newton’s lawyer John Schutty has maintained he was wrongfully incarcerated for 22 years.
The verdict presently amounts to some $1.5 million per year. City officials have recently argued Newton’s award should fall between $175,000 and $288,000 per year.
Schutty slammed the Law Department for discussing Newton’s first conviction, saying that Newton can’t exonerate himself because the city hasn’t produced exculpatory DNA evidence.
The Law Department welcomed Scheindlin’s request.
“The City supports the Court’s request for clarification regarding its authority to decide on the City’s pending motion for a reduced award,” a spokesman said.
Source: New York Daily News | VICTORIA BEKIEMPIS