Thursday, August 13, 2009

An innocent man rots in prison, his false accuser's attorney insists she be given immunity before she'll testify that she lied

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.


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.