For all those who wonder why this website is a necessity, we present Exhibit "A" from this morning's New York Post. An innocent man is in the fourth year of a 20-year sentence based on the false accuser's lie.
WOMAN 'FESSES UP TO RAPE LIE: TELLS PRIEST SHE SENT INNOCENT MAN TO JAIL
By BRAD HAMILTON and ANGELA MONTEFINISE
August 13, 2009
She had a new husband, a baby on the way, and found religion in the Catholic Church.
But one sin haunted Biurny Peguero Gonzalez's new life: There was a man rotting away in prison, put there because she had falsely accused him of rape.
In March, Gonzalez, 26, went to her priest with a heavy heart. She confessed that she had not been attacked by William McCaffrey four years ago, despite telling her friends, nurses, cops, prosecutors -- and eventually a jury -- that he'd held her at knifepoint, bit her and raped her.
The priest, Rev. Zeljko Guberovic of St. Anthony's in Union City, NJ, counseled Gonzalez to talk to her lawyer. The attorney, Paul Callan, brought her to the Manhattan DA's Office, where she recanted her testimony.
For now, McCaffrey remains in prison, having served four years of a 20-year sentence. His lawyer, Glenn Garber, asked yesterday that the conviction be vacated and his client released.
"This case is gutted," he said.
At trial, Gonzalez told jurors that she met McCaffrey after a night of drinking "Blue Hawaiian" cocktails in September 2005.
She was in a car parked in front of a Dyckman Street restaurant in upper Manhattan when he picked her up. Some friends of hers were in the restaurant.
She invited him into her car, but McCaffrey realized she was too drunk to drive, so they parked in a garage and caught a ride with his friends to a party.
When they learned the party had ended, McCaffrey took her back to the garage. When he left, she told her friends -- who were still at the restaurant -- that she'd been raped.
In the morning, she went to Christ Hospital in Jersey City and showed nurses bite marks on her shoulder and arm, allegedly from McCaffrey. The nurses found no physical evidence that she had been raped.
No evidence other than the bite marks were presented at trial. McCaffrey was convicted largely on the word of Gonzalez.
But Gonzalez now says she fabricated the rape story because her friends were so angry for leaving them without a ride that they began hitting her. A friend, Aurora Pujols, now says she likely bit and scratched her.
Last year, new scientific developments allowed investigators to retest the DNA from the bites.
No "Y" chromosome was found, meaning the bites could not have come from a man.
Seven months ago, Biurny married Julio Gonzalez and underwent a religious conversion. She wants McCaffrey to go free, but Callan said he won't allow her to testify without immunity.
"I don't want to see her baby born in prison," Callan said.
The DA's Office is considering charging her with perjury.
Link: http://www.nypost.com/seven/08132009/news/regionalnews/woman_fesses_up_to_rape_lie_184375.htm
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12 comments:
"The attorney, Paul Callan, brought her to the Manhattan DA's Office, where she recanted her testimony."
& "A friend, Aurora Pujols, now says she likely bit and scratched her.
Last year, new scientific developments allowed investigators to retest the DNA from the bites.
No "Y" chromosome was found, meaning the bites could not have come from a man."
So, they have her statement to the DA, evidence that the bites were from a woman, and a woman who says she's the one who bit her (DNA could likely confirm this) - so WHY do they need her supposedly remorseful recantation.
Forget giving her immunity and get the innocent man out of prison. Then, since she was not wiling to testify, charge her with the maximum possible charges, and after her baby is born, send her to prison - where she so richly deserve to spend four years herself for this evil thing she has done (not to mention the life she has likely ruined).
This women needs to me made an example of as a warning to other women that using a false rape allegation to get themselves out of a little bit of trouble spells disaster for the man she is falsely accusing. No sympathy should be shown to this woman.
{was going to post the above to the New York Post, but encounter some problems - still, it was heartening to see the many responses already there calling for her to be punished.]
As always, sage advise, slwerner.
See the comments to this story over at reddit: http://www.reddit.com/r/MensRights/comments/9a911/an_innocent_man_rots_in_prison_his_false_accusers/
Here's one of my comments about this story at Reddit: a teenage boy was convicted for failing to withdraw after the girl told him to do so. His delay? According to her own testimony, five to ten seconds. So a boy delays withdrawing five seconds, he's a felon.
THIS woman, in contrast, has delayed more than FOUR YEARS to correct her lie -- and she's still delaying. And it looks like she'll never serve a SECOND behind bars.
And the feminists wonder why we're pissed?
The thing that bugs me most about the various reactions from people concerning this story is that very few people are focusing on the fact that this guy was convicted on bite marks and the accuser's word. The bite marks are circumstantial unless they could be linked to the accused, which they could not.
Essentially, the DA decided to prosecute, and a jury condemned a man to 20 years in prison, with no evidence other than this lying witch's assertion that she was raped.
I hope this guy screams loud and far about this cruel joke. He should demand government official to explain to him how this can happen if the current rape laws are just.
It's a lot to ask from the guy, considering he probably just wants to go home. Man, this one really made me angry...
I actually feel sick after reading this story.
...or any story where a woman gets a discounted sentence or immunity just because they have a kid on the way.
Kgun5, you are correct. The feminists tell us we should be able to convict a man based on a woman's word alone -- let the jury decide his fate even though there is no corroborating evidence. In days long gone, there needed to be something more than a woman's word. Well, here is an example of what can happen when you do that. The bite marks, of course, are nothing. The man is in prison because she was a good liar. Period. Just think about that: we are willing to sacrifice innocent men and boys so that the feminists can have their pay back on the patriarchy.
It absolutely blows my mind that her lawyer would have the audacity to even suggest immunity before she rights the wrong. What we need in North America is reciprocating justice for false allegations, especially in lieu of time served.
Sure you can nail her with perjury, but the sentence will be a hell of a lot less than the 4 years this guy has served. This has a parallel in the family court system where trying to find a woman in contempt of court for breaching an access/custody agreement leads you nowhere, but one accusation of abuse against the man will result in life-losses unmatched by any. I'll throw maternal child abduction in as well for good measure.
How easy it is to convict a man of "the second most serious crime", based on flimsy evidence and lies. Yet how difficult it is to find a woman, who on her own admission (and that of her friend in this case) committed a crime that was far less (in the eyes of the law and society) in gravity.
When is causing someone to lose years of their lives in prison over a false accusation going to be as serious a crime as the one allegedly committed?
JS - "Sure you can nail her with perjury, but the sentence will be a hell of a lot less than the 4 years this guy has served."
Sadly, in NJ, perjury is at most a class 3 felony, with a maximum possible sentence of 5 years.
Cases such as this beg for some sort of statue which aggravates the felony level of perjury based on the real harm done.
"When is causing someone to lose years of their lives in prison over a false accusation going to be as serious a crime as the one allegedly committed?"
This is exactly how it need to come to be considered, but we are "stuck" with existing laws which allow only low-level felony and misdemeanor charges for lying to police and committing perjury in court.
As it stands, the string of lies that send a man to prison are considered the same crime as the lie told in court to try to get out of a DUI charge.
The "stacking" of charges in generally "frowned upon", but in a case like this, the real criminal made conscious choices to lie at multiple points along the course of the process - and it ought to be that she could be charged, separately if necessary, for each lie which is punishable.
Another sickening aspect to this case is that this woman had multiple opportunities to put a stop to the process which was leading to the wrongful imprisonment of a man who'd actually been a good Samaritan to her.
Sure, her first lie was to stop a "beat-down" from the friends she'd abandoned to go to a party. But, once they stopped beating her, there was no reason to ever go to the police, to the hospital, through the investigations, and the court trial - other than her desire to keep up her precious illusion of her personal integrity to her friends.
To her, her not having to admit to her friends that she'd lied to them was well worth a man's life.
This is the type of false rape case which desperately needs wider news coverage - perhaps the the anchor story to a expose on the damage done by false rape claims on a popular news show like 20/20 of 60 minutes. Pierce, any hope of such?
Take a look at this:
Sandi Delk wrote:
And? I already had one man put in jail. He was a soldier. All I had to do was call the police and say he waved a gun at me. It didn't matter wether he had no gun or not the police and the posecutors still kep him in jail on my word alone so I can do the same to any man or boy like you and that pig who tryin to say I have issues.
http://www.topix.com/forum/city/nashville-tn/TG5M5QIEU9H2IETT3/p4
What strikes me as odd with these cases is that there are laws out there - laws with very serious penalties - against kidnapping.
Kidnapping is the deliberate act of depriving someone of their liberty. The law doesn't allow kidnapping if the instrument of the crime is a cage, as opposed to a hole in the ground. All that needs to be established is a motive to deprive someone of their liberty, proof that they consciously acted on that motive, and proof that someone lost their liberty as a consequence.
This women deprived this man of his liberty as assuredly as if she had locked him in a dungeon with her own hands. The fact she used the legal system to do it is irrelevant - and the judiciary needn't fear criticism of itself, anymore than Ford should fear criticism when one of its cars is used to commit a crime.
There is a pretty point in that it could be argued that the woman didn't actually want the victim's liberty deprived as her motive was to deflect blame from herself. But it's hardly a strong point, given that she would have known exactly what the consequences of her actions would be, and that she took no steps to avoid that outcome.
She acted in callous disregard of another's life, and was the active agent in this man's loss of freedom for reasons that she perceived to be of benefit to herself, and only herself.
Since she "underwent religious conversion", she should damm well know what will happen to liars like her:
BURN IN HELL!
yes my son got send to prison for rape he didn't do the girl lie to get back at her mother for she said he step Father rape her when she know it was not right of her but she told her mother she as going to be sorry for not leting her go and do as she like. she when with older men all the time and he mom found out about it. so she told that a big lie that her step Father rape her. this was in April 21, 2007 he been lock up. now something need to be done for girls to tune in a false rape when it a big lie. WHY? Does it keep going on and the law don't tune the table on the girl or women and send them to prison there was never any DNA AT all. the judge lie and so did the attorney and she was never put on the stand to testify that just tool her word on it. is there any one to help men if so help my son get back with me at grandmavan@wheatstate.com my name is Mary. thank you and God Bless all men that is send to prison for a false rape.
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