Lynn DeJac

29 Nov

First, Anthony Capozzi ended his stint in a state penitentiary when it was discovered that Altemio Sanchez had committed the crime for which Capozzi was convicted.

Now, Lynn DeJac ends her stint in a state penitentiary after Erie County Judge D’Amico ordered a new trial for her based on newly discovered evidence;

This court must conclude that if the newly discovered forensic evidence was available at the time of trial, there exists a reasonable probability that the verdict in the defendant’s trial would have been more favorable to the defendant

Judge D’Amico should know
. After all, he presided over DeJac’s 1994 trial.

Although the District Attorney opposed the granting of a new trial, to his credit he did not oppose DeJac being released on her own recognizance yesterday afternoon. The jury didn’t convict DeJac of intentional murder, but instead had found her guilty of “depraved indifference” murder. The case law has changed in the last 13 years, and it is now the DA’s intention to re-try DeJac on the charge of 2nd Degree Manslaughter. If convicted, she gets credit for her 13 years served and will never see the inside of a jail cell again due to this particular charge.

If acquitted, it will be a bittersweet victory for DeJac, no doubt. No one can bring back her daughter, who was likely killed by a man who is immune from prosecution for it. At least she will be able for the first time to visit her daughter’s grave. No one can give her back those 13 lost years, either. She returns home penniless, returned to a world much-changed since 1994.

If you want to see what it looks like when someone learns that a 13 year-long nightmare has come to an end, check out the video at Channel 2’s website. It’s really quite moving. I wish Ms. DeJac the best of luck in the future, and I hope she can pick up the pieces of her life and move on.

15 Responses to “Lynn DeJac”

  1. jack fate November 29, 2007 at 9:19 am #

    BP, even though the charge is changing, will she be tried according to current statutes or the ones in place in 1994?

  2. Stephen Nazwisko November 29, 2007 at 9:39 am #

    I understand the Burden of Proof goes the other way, but there is still absolutely no new evidence exonerating her, only evidence that her boyfriend had sex with the daughter.

    I’m baffled as to why D’Amico granted her a new trial.

  3. MIke November 29, 2007 at 9:48 am #

    Come on people, if she was’nt behind bars for 13 years she would of been in bars. Its hard feeling sorry for a drunk, (ask Hudson), I will bet anyone that she will be drinking before ever going to her daughters grave. Maybe she should of worried about her children then, instead of being the babcock steet drunk slut.

  4. hank November 29, 2007 at 9:54 am #

    Stephen–looks like you don’t spend much time watching court cases, or even watch much Law and Order on TV.

    What the judge is saying is that if the evidence showing the boyfriend was sexually assaulting the victim, you have
    two VERY IMPORTANT THINGS to present to the jury as a defense lawyer.

    1. AN ALTERNATIVE MEANS OF HOW THE CRIME OCCURED—Had the defense been able to prove by DNA during trial, the jury could see that the murder of the child could have been perpetrated by the boyfriend to silence the child’s reporting the abuse/assault to her mother or the Police.

    Presenting that fact to the jury would have given the defense attorney
    2. THE ABILITY TO SOW THE SEEDS OF REASONABLE DOUBT. In charging the defendant with “depraved indifference murder”, which is 2nd degree Murder in NYS, the maximum sentence of 25 years to life can be imposed, as the depraved indifference is a serious mitigating factor.

    In the absence of the depraved indifference motive, DeJac would probably have only gotten an indictment for Manslaughter 1 or more likely, Manslaughter 2.
    In NYS, Man 1 max time is (I believe) 8 1/3 to 25, Man 2 can be a little as 3-6 years.

    These lighter sentences may have been imposed by the jury if reasonable doubt was evident regarding the depraved indifference murder 2 charge.

    Perhaps they would have an indictment for Murder 2 with a lesser charge of Man 1 or 2 for the jury to have an alternative charge under which to convict.

    Excessive Prosecutorial Zeal? Possibly. Prosecutorial Misconduct? Not Likely.

    In either event, Judge D’Amico is solidly on point. Chances are DeJac will have a short re-trial. More than enough reasonable doubt for a reasonable jury to aquit, or convict on a charge that DeJac has served MORE than enough time on.

    If D’Amico could have dismissed the indictment in the interest of Justice, he would have. Either way, I doubt DeJac is going back to jail.

  5. hank November 29, 2007 at 10:05 am #

    Mike–I only thought you were an asshat about politics.

    She was charged with murder, not for being a bad parent, or even an asshole.
    If they could put people in prison for being an asshole, you’d be in Attica yourself.

    Nobody’s trying to say DeJac wasn’t truthfully presented to the jury as a shitty parent. I’m sure she probably was.

    The DA charged her with killing the child. Not for child neglect or endangerment. If that’s all they had on her, she would have done 6 months in the County Jail.

    our system of Jurisprudence is designed so that only those guilty of an offense BEYOND A REASONABLE DOUBT are convicted.

    When new evidence brings to light alternative theories of the crime that could have been presented as reasonable doubt to the jury, but was not available at trial, procedure is to request (and usually get) a new trial.

  6. MIke November 29, 2007 at 10:24 am #

    Hank, you are known by the company you keep, did’nt your mom ever tell you that? Plus everyone should know by now that its not if your guilty for innocent its how much money you can spend on your defense. (see OJ) Does anyone else think that Frank Clark is a cartoon caractor? Who was the lawyer from the DA’s office that was trying to make Clark’s case? He looked like Clark’s brother.

  7. hank November 29, 2007 at 10:43 am #

    I’VE SAID “Plus everyone should know by now that its not if your guilty or innocent its how much money you can spend on your defense.”
    A defense lawyer from Legal Aid, armed with the new evidence would have likely gotten a different result.
    Did you read my first comment? I’ve got a total of 6 hours of undergraduate law classes. I think even I could re-present this case and get either an aquittal or conviction with sentence to be “time served”.

  8. MIke November 29, 2007 at 1:31 pm #

    Hank, all i am saying is if you surround yourself with druggies, drunks, murderers, and pedifiles, you get what you deserve. Guilt by association I think you pencil necks call it.

  9. hank November 29, 2007 at 3:05 pm #

    HMMM–I guess Mike’s never seen my picture.
    my neck size is TWENTY TWO INCHES.
    Is Your Pencil as big as mine, Mike?

  10. Becky November 29, 2007 at 5:11 pm #

    Mike – Shouldn’t you be over on WGRZ commenting or something?

  11. Foxy Lady December 3, 2007 at 10:19 pm #

    Only in America …….. can you get away with murder! Dejac is guilty as hell, just like OJ.

  12. pissoff January 16, 2008 at 10:36 pm #

    if all of you were in her shoes you all would shit yourself wait if you find yourself in a legal jam in buffalo you find yourself paying too find your innocent the biggest bullshit legal system in the world wright here in buffalo new york. just spend one night at the holding center,dirty shit hole that the cops all smell like shit and could care less about you.and if you know frank he’s looking for the numbers not the i wish her luck and well being at the hands of the legal assholes of the city of buffalo….

  13. ed March 30, 2008 at 4:37 am #

    if she wasnt doing drugs cruising bars and so on.she would have been able to tuck her kids in why should we pay??? this legal system is bs today somebody farts sideways and they are suing..take 10 bucks and get some hair dye too.

  14. I call... Bullshit April 19, 2008 at 11:58 am #

    Here is a little story. Our daughter was assaulted at the Timon dance last night by a 14 y/o girl. Girl was abusive to security and to the responding officers. Went to district A on South Park Ave. Girls mother was not available due to cancer surgury, so they called an aunt to pick her up and to arrange restitution for our daughters glasses. Met her aunt and uncle in the lobby where they could not have been more appologetic for the incident and promissed full payment for any damages…… It was LYNN DEJAC and her husband!! Very nice and cordial!! Feel sorry for the family, they have their hands full!!

  15. Adrianna June 8, 2008 at 11:35 pm #

    hey is there any books out on this crime?i would like to read more about it

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