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Man who spent 22 years in prison for rape he didn’t commit faces long legal battle with NYC over $18 million jury award

Alan Newton petitioned for parole three times during his 22-year stint in prison for a rape he didn't commit — but was turned down each time.
Richard Harbus/for New York Daily News
Alan Newton petitioned for parole three times during his 22-year stint in prison for a rape he didn’t commit — but was turned down each time.
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They took away his freedom — and now they keep trying to take away his money.

The city is doubling down its efforts to stop Alan Newton, who spent 22 years behind bars for a rape he didn’t commit, from collecting the $18 million verdict a jury awarded him in 2010.

“This is a journey that started in 1984, and it’s still going on because the city refuses to take any responsibility,” Newton told the Daily News on Thursday.

The city says the $18 million award to Alan Newton — who spent 22 years behind bars for a rape he didn’t commit — was “excessive.”

Manhattan Federal Court Judge Shira Scheindlin had set aside the jury verdict in 2011, arguing Newton wasn’t entitled to the money because the city didn’t violate his civil rights.

COURT ORDERS $18.5M FOR NYC MAN WRONGFULLY CONVICTED OF RAPE

After being freed in 2006, Alan Newton spent years in a legal battle for the $18 million he was awarded.
After being freed in 2006, Alan Newton spent years in a legal battle for the $18 million he was awarded.

But the U.S. Second Circuit Court of Appeals reversed Scheindlin’s decision last Feb. 26, reinstating the monumental verdict. The federal appeals court also rejected the city’s request to rehear the appeal.

The city Law Department then tried to fight that ruling in the U.S. Supreme Court, but the high court declined to hear the case earlier this month, according to court documents.

But the city is still refusing to pay up.

The city Law Department claims in new court papers the Second Circuit didn’t weigh “whether the amount of the damages was appropriate” and “did not address the question whether the separate verdict on damages was excessive.”

All the appeals court did was decide whether the city was at fault for Newton’s wrongful incarceration, the city lawyers argue — and they now want Scheindlin to reduce the award.

Newton said the city’s efforts feel like an extension of an ordeal that began over 30 years ago, when he was arrested and then convicted of raping a woman in abandoned Bronx building and slashing her in the face with a razor.

The victim had picked him out of a lineup, and he was sentenced to 13 to 40 years in prison for rape, robbery and assault.

A judge set aside the $18.5 million award to Alan Newton, arguing that his civil rights weren't violated. That ruling was overturned on appeal.
A judge set aside the $18.5 million award to Alan Newton, arguing that his civil rights weren’t violated. That ruling was overturned on appeal.

Newton’s petitions for parole were shot down three times, and law enforcement officials claimed the victim’s rape kit had disappeared — preventing him from proving his innocence.

The Innocence Project asked the Bronx District Attorney in 2005 to search for the rape kit. An extensive search yielded the evidence, and post-conviction DNA testing proved Newton’s innocence.

He was exonerated in 2006, and left prison penniless.

DESPITE RAW DEAL, NEWTON REMAINS MORE GRATEFUL THAN BITTER

He sued the city, and the case went to trial in 2010 because the city wouldn’t make a fair offer, Newton said.

“I was willing to take $5 million. They refused. They only offered $1 million, which was their way of saying they don’t even want to talk,” said Newton, who now earns some $30,000 per year working part-time for CUNY’s Black Male Initiative, which seeks to bolster graduation rates for men of color.

His lawyer, John Schutty, said the city already had a chance to appeal these issues and didn’t. “It’s always something new. Anything they can raise to stall payment, they raise,” he said.

Alan Newton petitioned for parole three times during his 22-year stint in prison for a rape he didn't commit — but was turned down each time.
Alan Newton petitioned for parole three times during his 22-year stint in prison for a rape he didn’t commit — but was turned down each time.

Nick Paolucci, a Law Department spokesman, said the city simply disputes the $18 million award.

“This is a tragic case in which mistakes were made in the storage, management and tracking of evidence,” he said. “We’re not contesting the verdict – just that the damages award is excessive based on similar cases.”