Man wrongfully convicted in Boston girl’s 1988 killing awarded $14 million in lawsuit

By AP
Wednesday, October 21, 2009

Wrongfully convicted Boston man awarded $14M

BOSTON — A federal jury awarded $14 million on Wednesday to a man who spent nearly 15 years in prison after he was wrongly convicted in the 1988 slaying of a 12-year-old Boston girl.

Shawn Drumgold filed a civil rights lawsuit against Boston police detective Timothy Callahan.

The U.S. District Court jury found last week after a civil trial that Callahan caused Drumgold’s wrongful conviction by concealing the fact that he put a key prosecution witness up at a motel, gave him meals and $20 during Drumgold’s trial.

Drumgold, 44, was convicted of killing Darlene Tiffany Moore, who was hit by stray bullets from gang crossfire while sitting on a mailbox in Boston’s Roxbury neighborhood. A judge overturned the conviction and freed Drumgold in 2003 after that key witness, Ricky Evans, recanted his testimony.

The jury awarded Drumgold $14 million in compensatory damages, plus interest.

Drumgold, speaking briefly outside the courthouse, said he was “overwhelmed.”

“I want to thank the jury, my mother, my wife, my daughters, for always being there for me,” said Drumgold, who said no award could make up for what he experienced in prison.

“We are absolutely thrilled that the jury worked so hard,” said Drumgold’s attorney, Rosemary Scapicchio. “The fact that we held Detective Callahan responsible for withholding exculpatory evidence that led to Shawn’s serving 15 years is just completely gratifying.”

Hugh Curran, an attorney who represented Callahan during the trial, did not immediately return a call.

Curran had argued that prosecutors were aware at Drumgold’s 1989 trial that Evans had been housed at the hotel, and contended that it was their responsibility, not his client’s, to disclose the information to the defense.

A separate trial was scheduled later this year to determine the city of Boston’s potential liability in the case.

A spokeswoman for the Boston police said the department had no comment on the jury’s award and referred a call to city attorney William Sinnott, who did not immediately return a message.

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