Sep 19, 2008 6:42 pm US/Eastern
NY Judge Throws Out Decade-Old Conviction Of Cop
Former NYPD Officer DiGuglielmo Convicted Of Shooting Dead Man Who Had Attacked His Father With A Bat
WHITE PLAINS, N.Y. (CBS) ―
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A former cop convicted of murder in a dispute over a parking spot will soon be heading home from prison. Twelve years after the crime, a Westchester County Judge threw out his controversial conviction. (File)
CBS
After spending more than a decade behind bars, a former NYPD officer convicted of killing a man is now out of prison. he was set free after a judge threw out his controversial conviction.
From delighted supporters of former NYPD officer Richard DiGuglielmo Jr.'s family to disappointed critics of Judge Rory Bellantoni, emotions were high on both sides on Friday.
"I'm gonna give him a big hug. I'm a big guy. He's gonna get a big hug from a big guy," friend Joe Dumas said.
Randolph McLaughlin of Pace Law School said the judge wasn't thinking clearly when he made his ruling.
"He allowed his emotions to overwhelm judgment," McLaughlin said.
The release of DiGuglielmo is sparking strong emotions.
At his family's deli, Richard DiGuglielmo Sr. accepted flowers and best wishes.
It was here in October 1996 that the former officer's father fought with Charles Campbell, who had parked illegally. Campbell grabbed a baseball bat and smacked DiGuglielmo Sr. several times.
Campbell was still holding the bat when junior grabbed his gun and shot him in the head.
Now, Judge Bellantoni has ruled the jury wrongly convicted DiGuglielmo of depraved indifference homicide, saying the facts of the case are completely at odds with that verdict.
The judge also slammed police and former Westchester County District Attorney Jeanine Pirro, saying they embarked on a mission to pressure certain eyewitnesses into changing their testimony to falsely the claim that Campbell was no longer swinging the bat when he was shot.
McLaughlin says he advised the Campbell family and spoke Friday with the dead man's son.
"He is in a state of shock," McLaughlin said. "He can't believe how this man who in cold blood shot and killed his father 11 years ago now, got out of jail.
"The whole thing is a bad situation," Dumas said.
Friends say DiGuglielmo lives with deep regret over shooting Campbell, but has a clear conscience that his actions were justified.
The Westchester County district attorney's office is appealing the decision to overturn DiGuglielmo's conviction. Prosecutors say the ruling is "wrong on the facts and wrong on the law."
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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