The murder conviction of an off-duty New York City police officer for slaying a man in a dispute over a parking space must be reinstated, a unanimous panel of the Appellate Division, Second Department ruled yesterday. In 2008, Westchester County Court Judge Rory J. Bellantoni (See Profile) had vacated the 1997 conviction of the ex-officer, Richard D. DiGuglielmo, finding that a key witness had been pressured by detectives in Dobbs Ferry, where the fatal confrontation took place, into altering his initial statement which had supported Mr. DiGuglielmo’s justification defense.

Writing for a unanimous panel, Justice Plummer E. Lott (See Profile) concluded that the witness’ changed statement, and the prosecution’s failure to reveal exculpatory information about a series of custodial interviews in which the witness revised it to favor the prosecution, was of no legal consequence because there was “no reasonable probability” that the jury would have come to a different conclusion based on “the evidence, taken as a whole.” The victim “did not strike [Mr. DiGuglielmo's father] near his head or other vital area, indicating a lack of intent to use the bat as a deadly weapon,” Justice Lott wrote. Joining the decision were Justices Joseph Covello (See Profile), Fred T. Santucci (See Profile), and Cheryl E. Chambers (See Profile). People v. DiGuglielmo, 8651/08, will be published Tuesday. – Daniel Wise

Panel Reinstates Award in Favor of Man Killed by Police

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