NY: Testimony continues in wrongful conviction suit

Coerced confession

A man wrongfully convicted of trying to kill his wife was back in court. Daniel Gristwood is suing the state for his time in prison. Back in 1995, he was conviction of attempted murder, which was overturned after another man confessed. Our Iris St. Meran was in court and tells us what Gristwood has to say about how this experience impacted his life.

Daniel Gristwood became a free man in 2005, after being wrongfully convicted of attempting to kill his wife with a claw hammer in 1996 in the Town of Clay.

Another man, Mastho Davis, confessed to the crime. Now Gristwood is seeking damages from the state for that wrongful conviction.

During day two of his damages trial, Gristwood testified post-prison life has been difficult.

Gristwood said, "Instead of having road rage, I think I get store rage. I get so claustrophobic. I don't like being around people. I don't even like leaving the house. That's why my garage is there because I feel comfortable in my own little domain."

He was also questioned about his relationship with his five children. He says he missed some important milestones in their lives. He also testified about not being able to find steady work after being released.

Gristwood told the court he was broke and had to turn in his 401K in 2005 and had limited income last year. "Maybe $10,000 or $15,000,” Gristwood said. “I had a very low income."

After his testimony, an economist, Professor Daniel McGowan, took the stand. He had estimates of Gristwood's monetary loss of earnings while in prison, calling the estimate conservative.

"The total nominal amount, it is not present value. The total nominal dollars for each of the future years lost is summed together was $1,536,626," said McGowan.

What Gristwood will actually get is up to the court and that decision could take months.

The trial continues Wednesday. Others expected to take the stand are Gristwood's son, brother and a social worker.

Original report here



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