People involved in the wrongful convictions movement generally refer to organizations like The Innocence Project, based out of New York City. Unfortunately, the Innocence Project Foundations do not handle all types of wrongful conviction cases, where private law firms such as Metcalf & Metcalf, P.C. had to take on a case such as Anthony Criscuolo.
In 2013, Anthony Criscuolo was a successful public school teacher in the Bronx, New York. Despite being wrongfully charged and ultimately convicted of having sexual relations with a fifth-grade student, he and his legal team have asserted his innocence for the last seven years. They have fought hard for years and have never backed down, regardless of the scare tactics thrown in their immediate direction.
Unfortunately, circumstances resulting in unlawful practices by the NYPD and DA offices ultimately compelled an innocent man to plead guilty to a crime he did not commit. Most people, however, do not have the necessary tools and legal teams to handle or take on such a task.
In recent years, highlighted by series such as 20/20, Netflix’s “When They See Us,” and numerous podcasts on the subject matter have shed light on what can lead innocent people to plead guilty to crimes they did not commit. Studied and documented by prestigious universities and psychiatrists, this phenomenon has resulted from social, psychological, and economic factors. Among these are:
- Racism.
- Fear of jury verdicts.
- Potential harsher sentences at trial.
- Psychological impairment.
- Mental health issues.
- Unbearable prison conditions.
- A desire to escape unpleasant situations.
A vast majority of these underlying contributing factors were present in Mr. Criscuolo’s case before entering into a plea deal, compromising his innocence claim. The last seven years have been a consistent struggle for Criscuolo to get a Court or single person to understand the factors that led to his plea, which will forever be deemed a “wrongful confession,” in his opinion.
Regarding Criscuolo, within hours of being arrested and awaiting his arraignment at Bronx Central Booking, all the major media outlets ran salacious and inaccurate portrayals of his alleged crime. In addition, the negative, false reports were played on every New York City station, which was watched by the guards and inmates Criscuolo was now in the custody and control of.
These reporters further infuriated the guards and created the impression that most inmates, upon being arrested, are faced with: “guilty before proven innocent.” Such a thought process is wholly contrary to the law, which for hundreds of years has stood for the fundamental principle that one is “innocent until being proven guilty.” This fundamental concept is vital because if one is presumptively guilty immediately, then think about the jail treatment that will result from such a presumption.
As a result of this misconception, Mr. Criscuolo found himself fighting for his life, being placed in a cell with the older stepbrother of the complainant and his fellow gang members. Criscuolo was then moved to a solitary cell with the complainant’s aunt, the supervising officer of the jail.
Inmates on the lower tier of the facility were incited to physically attack Criscuolo while waiting for his arraignment. After being processed, Criscuolo was moved to the boat at Riker’s Island, and then days later, due to these chaotic and dangerous conditions, he was moved to Suffolk County Jail for his safety.
Upon arriving at Suffolk County Jail, Criscuolo was savagely beaten by Correctional Officers who beat him in the head, resulting in a loss of consciousness, which was later identified as a traumatic brain injury by a renowned physician. After this incident, Criscuolo was transferred to Nassau County Jail by the court system, once again for his attempted “safety” and “wellbeing.” However, upon his arrival in the new facility, Criscuolo continued to target. He was left to freeze in a cell with 40-50 degree temperatures, without a mattress or blanket for days on end.
Criscuolo posted bail, but within hours appeared back in court to be re-arraigned on his indictment, where the judge modified his conditions to an amount of $2,000,000.00, which he has never been able to post.
Months later, in the summer of 2014, Criscuolo was transported back to Bronx County Court. By failing to conduct a proper investigation in tandem with the jails’ refusal to treat his mental health issues with medication, Criscuolo was at a loss and took a plea deal to escape the unbearable living conditions and abuse he had endured at the hands of the C.O.s in multiple facilities.
After his sentencing in 2014 and being placed in a state corrections facility, Criscuolo was finally prescribed proper medication for his mental health issues and offered proper mental health services. As his mental and emotional wellbeing began to improve, he retained a new attorney, Steven A. Metcalf, Esq. of Metcalf & Metcalf, P.C., to prove his innocence. Steven Metcalf brought on Martin Tankleff, Esq., a former wrongfully convicted individual himself, who had served seventeen years before passing the bar and becoming the 8th exoneree in the U.S. to become a licensed attorney.
Attorney Steven A. Metcalf, Esq. and Martin Tankleff, Esq., obtained multiple expert witness reports from world-renowned D.N.A. expert, Dr. Lawrence Kobilinsky; computer expert, Thomas Workman, Esq.; and an OBGYN, Dr. Phillips, who refutes that a rape kit had ever even been performed on the complainant in Criscuolo’s case. In addition, a forensic psychologist, Carol Lieberman, performed testing on Criscuolo and concluded that he had suffered a traumatic brain injury from the Correction Officers excessive force against Criscuolo at the Suffolk County jail. The significance of this beating resulting in these injuries was before Criscuolo entered into a plea deal in 2014.
One would think that a recent traumatic brian injury would affect a Defendant’s ability to “knowingly”, “willfully” entered into a plea. But Metcalf and Tankleff’s arguments have all been pushed to the side on this issue.
In her analysis, Dr. Lieberman highlighted that Criscuolo endured physical abuse at the hands of Correction Officers, those in a position to maintain a safe, secure, and an orderly correctional facility. Dr. Lieberman cited facility records and physician reports of the lack of treatment and mental health services leading up to Criscuolo’s plea. Further, Dr. Lieberman’s report concluded that Criscuolo involuntarily entered the plea due to Anthony’s mental, emotional, and physical state of being compromised at the time.
With the Court’s refusal to hear and determine the voluntariness and “willingness” of a plea – and then denying all of Criscuolo’s claims by citing to the notion that – Criscuolo plea and admitted guilt – renders the question is a false plea also a false confession?
In addition to the expert witnesses, Criscuolo’s legal team obtained lay witnesses from the school, including a former school principal, a former teacher, a former student, and parent coordinator who all commented and spoke on his behalf, which was also ignored in the Court’s hearing Criscuolo’s case.
Just recently, in December of 2021, the Appellate Division denied Criscuolo’s dual (consolidated appeal), which explained that the trial level court should have considered the evidence provided in Criscuolo’s CPL 440 Motion, including key video footage from the school campus disputing the DNA evidence of the complainant’s clothing, and video of Criscuolo leaving alone from the school on the day in question. In an application to the New York State’s highest appellate court, the Court of Appeals, attorneys Metcalf and Tankleff argued that “[t]he unanimous panel of the First Department in this case, completely overlooks the issues we present[ed] for appeal.”
For years Criscuolo’s fight has yet to be given the consideration it needs. Criscuolo has even charged on, at times on his own. As he continues his quest for justice, he argues, each court which reviewed his case, has yet to invoke accountability for the A.D.A. ‘s malicious abuse of process. The Criscuolo fight that the Bronx D.A. Office’s possession and screening of hundreds of his privileged attorneys’ client conversations a clear 6th Amendment violation in addition to a direct violation of 40 RCNY 1-10 [ a ], [ h ] : the Department shall record all inmates telephone calls and retain these recordings, except for calls to inmates’ attorneys and other person similarly included in the Department’s “Do Not Record List.”
Stay tuned for a second part of this story that speaks on how Criscuolo, and other inmates held during the pre-trial stages of their case, had their calls illegally recorded and turned over to District Attorney’s Offices across New York State.
