Judge Telesca allows bulk of Freddie Peacock’s constitutional and civil rights claims against City of Rochester to proceed

Posted by on May 12, 2016 in Firm News

 

An article was published in today’s New York Law Journal on Judge Michael Telesca’s remarkable decision Peacock vs. City of Rochester, a civil rights action following Mr. Peacock’s wrongful conviction and subsequent exoneration through the efforts of the Innocence Project and ETKS. Mr. Peacock is represented by partner Don Thompson and Neufeld Scheck & Brustin attorneys Nick Brustin and Danielle Hamilton.

Western District Judge Michael Telesca ruled that Freddie Peacock may proceed to trial on his claims that he was denied a fair trial because his alleged confession was fabricated and multiple claims under 42 U.S.C. §1983 of malicious prosecution, conspiracy and failure to intercede.

Telesca said there is sufficient evidence, in particular, to sustain the core allegation in Peacock’s claim that he was convicted largely based on a confession that was fabricated by Rochester police investigating the July 1976 rape of a woman who lived in his building.

He was incarcerated for nearly six years.

 

Read the NYLJ article here.

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