HOW LUCKY CAN YOU GET?

An innocent Rhode Island man was freed only because the guilty man came forward

The former Warwick police detective imprisoned for murder is filing a civil lawsuit against those involved in his wrongful conviction. Jeffrey Scott Hornoff served six years, four months and 18 days for a murder he didn't commit. He was released in 2002 only after Todd Barry, a carpenter from Cranston, stepped forward and admitted to killing Victoria Cushman in August 1989.

Now, Hornoff has filed a lawsuit. The complaint states that "beyond compensating Hornoff ... the lawsuit seeks to redress the unlawful municipal policies and practices." The complaint names as defendants several Warwick and state police detectives, many now retired, and accuses them of willfully mishandling and omitting evidence that led to Hornoff's wrongful conviction. The complaint also details Hornoff's time in prison, saying because he was a police officer, "he had to be held in protective custody," was "deprived of spending time with his three young sons" and "often shared a cell with violent sex offenders." It also alleges Hornoff suffers from post traumatic stress disorder, physical problems, depression and claustrophobia, among other things.

There are 12 counts in all. The counts against all defendants include violation of due process and intentional infliction of emotional distress. Hornoff told NBC 10 News in a phone interview that although he would like to talk about the case, he can't at this time. His attorney also declined comment, as did state police. Warwick police Col. Stephen McCartney told NBC 10 News he's not surprised by the suit, and said Hornoff has his right to have his day in court.

Report here

An earlier report of the case below:

A former police detective who spent six years in prison for a murder he didn't commit said Tuesday that he is experiencing a wide range of emotions -- but anger toward the man who committed the crime is not one of them. "There were a lot of moments of bitterness while I was in prison," former detective Jeffrey Scott Hornoff said in an interview with NBC's "Today" show. "But I'm doing my best to leave the anger and the resentment at the door and not let it consume me."

Hornoff was officially exonerated Monday, hours after another man pleaded guilty to the crime and began serving time. Todd Barry was sentenced Monday to 30 years in prison for killing 29-year-old Victoria Cushman in 1989. Barry, a Cranston carpenter, stunned investigators in November when he confessed to beating Cushman to death. "Over 13 years ago, I did a horrible thing," Barry said Monday in Kent County Superior Court. "I killed a fellow human being, Victoria Cushman. I've lived in torment since that day."

Hornoff was convicted of the murder in 1996 and sentenced to life in prison. He was released after Barry confessed. However, the charges against Hornoff couldn't be dropped until Barry entered a guilty plea or was convicted. A Providence Superior Court judge vacated Hornoff's life sentence Monday and dismissed the first-degree murder charge against him.

"There's a lot of emotions going on," Hornoff said on "Today." "On one hand, I was happy for me and for my family, you know, finally having this weight off our shoulders and this shadow taken away," he said. "I felt a great deal of sadness for his family and also for Vicki's family."

Prosecutors say overwhelming guilt led Barry to come forward. Choking back tears, Barry said he was ready to accept the consequences of his actions. "I would like to express my heartfelt remorse and sorrow to the Cushman family. Nothing I say is adequate but I am truly sorry," he said. Cushman's sister, Jennifer Poghossian, wiped away tears as state prosecutor Randy White recounted the Aug. 10, 1989 slaying of her sister. White said Barry told investigators he broke into Cushman's apartment, strangled her and then beat her with a jewelry box and a 17-pound fire extinguisher. "As he sits incarcerated, I hope he will be tormented knowing the many, many lives he's destroyed," Poghossian said.

Barry also apologized to Hornoff, who sat in the back of the courtroom with his fiancee, Tina Dauphinais. Dauphinais, 34, said the couple would try to plan their wedding, and Hornoff planned to spend time reconnecting with his three young sons. Hornoff also said he was unsure if he'll resume work as a detective.

Cushman worked at a Warwick sporting goods store where Hornoff, a member of the police department dive team, bought his scuba gear. She'd had an affair with Hornoff, who at the time was married with an infant son. On the morning of Aug. 11, 1989, Cushman failed to show up for work and a co-worker discovered her body, bloody and beaten, in her Warwick apartment. The fire extinguisher was found nearby.

Detectives quickly ruled out Hornoff as a suspect, but an independent investigation later found problems with the Police Department's handling of the case. Hornoff was charged with first-degree murder in December 1994 and a jury convicted him two years later. Hornoff always maintained his innocence even as he lost appeals.

Barry also was romantically involved with Cushman. He was never a suspect in the murder. Barry first told his wife and siblings of his crime in late October. He then confessed to police and state prosecutors.


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