ALBANY — Backed by sworn statements, together with one particular from the woman he was convicted of sexually brutalizing, an Albany gentleman who has served two many years in jail contends metropolis law enforcement failed to disclose a sexual intercourse tape that could have exonerated him and intimidated a prospective alibi witness into silence. 

Mohammed X. Poquee, 47, would like a decide to overturn his convictions for the multiday sexual abuse of the girl in a residence on St. Joseph’s Terrace in Arbor Hill in late April and early May perhaps of 2000. Jurors discovered Poquee responsible of 1st-diploma rape, first-degree sodomy and 2nd-degree assault he is serving a 32-12 months sentence in Fantastic Meadow Correctional Facility in Washington County.

In a motion submitted this month in Albany County Court docket, Poquee’s new attorney, Trevor Hannigan, highlighted evidence uncovered more than the previous 8 months. It contains sworn statements from Poquee as nicely as would-be alibi witness Melissa Aiezza-Carpinello Poquee’s former demo legal professional John Wheldon and the girl Poquee was convicted of raping and sodomizing 22 a long time back.

“I consider that the defendant should be released,” his accuser suggests in her statement. She does not, even so, say that Poquee was harmless of the attack.

In 2000, Poquee claimed he was with a woman named “Tasha” throughout part of the time in which his sufferer alleged he experienced been keeping her hostage in her household. No girl with that name testified at his trial. The Albany County prosecutor, D.J. Rosenbaum, explained she did not believe that the female existed and requested the choose for a “lacking witness” cost to the jury that would have cast doubt on the defense claim.

Carpinello, a longtime Albany County general public defender, states in the current courtroom filing that she was with Poquee on a single of the evenings when he was allegedly committing the crimes. The intercourse tape, which experienced been designed the calendar year right before the rates from Poquee, is proof of their romantic relationship.

Carpinello — who told the Periods Union she wanted to be named in this story — said she only learned of what occurred to the tape when she communicated with Poquee’s accuser in March.

In her statement bundled in the motion, Poquee’s accuser suggests she went to the law enforcement department’s South Station in May perhaps 2000 and disclosed the existence of the tape since she considered just one of the women of all ages depicted on it worked as an attorney in Metropolis Court docket. “The police saved the videotape. I under no circumstances received the tape again,” the accuser states. She then instructed law enforcement that Poquee experienced dedicated sexual violence in opposition to her.

Hannigan contends the tape was buried.

“Law enforcement took the tape, viewed it, and in no way disclosed it to the protection or the defendant,” the attorney states in the motion. “The sufferer supplying a intercourse tape to the law enforcement the day she accused the defendant of rape and sodomy would have been information and facts that would have been content to the defense.”

This kind of evidence is known as “Brady content,” and prosecutors are required to disclose it to the defense prior to a scenario coming to trial.

“The defendant could not have had a credible protection without having the testimony of his true other girlfriend,” Hannigan reported, referring to Carpinello.

Carpinello mentioned she could have specified Poquee a “credible alibi” but was “unable to testify at his trial since I was so terrified of the Albany Police Department and their campaign from me.”

“The Albany Law enforcement Section terrorized me for decades entirely mainly because they did not like who I dated,” Carpinello informed the Times Union. “People should really know what they did and it is time for me to explain to it. There are people today sitting in jail that shouldn’t be there simply because of the misconduct of Albany police officers. I just can’t remain tranquil about it any more.”

Hannigan, Poquee and Carpinello directed the blame at two city detectives: Kenneth Wilcox, who died in a vehicle crash in 2006, and Anthony Ryan, who retired as a commander in 2013.

In still yet another twist in the story, Carpinello’s assertion in the submitting reveals that she also had a sexual romance with Wilcox she claims the detective explained her job would be ruined if she did not cease observing Poquee.  

Hannigan contends Wilcox and Ryan harassed Poquee to get him to offer facts about the however-unsolved murder of Okema Curtis, a government witness shot to loss of life when enjoying darts in a North Swan Road bar on Jan. 2, 1999.

The two detectives “created it clear that if he failed to cooperate he would go ‘away for a lengthy time,'” Hannigan states in the movement. “The defendant in no way cooperated.”

In a assertion to the Moments Union, Ryan reported, “Considering that a motion has been filed in courtroom, it would not be acceptable for me to remark on everything particular to that movement. Having said that, I have completely no issues and would gladly testify in court about all of the investigative steps that were taken to consider and address the murder of Okema Curtis.”

Poquee promises Wilcox and Ryan realized about his partnership with Carpinello, and that Wilcox grilled him about it all through an interrogation and “hit me numerous situations” whilst Ryan or a further officer were in the space. 

But Poquee said he did not disclose his romantic relationship with Carpinello to his own defense lawyer due to the fact Poquee knew she was currently being harassed by law enforcement.

Hannigan reported it was unclear if law enforcement disclosed the tape to the district attorney’s office environment, then led by Sol Greenberg. The motion consists of a 2017 Newsday write-up that claimed Rosenbaum, the prosecutor who managed Poquee’s circumstance, had subsequently been fired as a Nassau County prosecutor for failing to disclose Brady content.

“The tape was really considerable and significant Brady product as it demonstrates a motive of the complainant to falsify the allegations,” Hannigan states, referring to the tape’s revelation that Poquee had been in a connection with Carpinello. He famous that the “full protection was based mostly on the reality that the complainant was jealous since of his infidelity, and she was in search of revenge by falsifying the allegations.” 

Rosenbaum declined to comment Friday when achieved by the Moments Union. Officer Steve Smith, a spokesman for Albany police, also declined to remark.

Darrell Camp, a spokesman for Albany County District Legal professional David Soares, mentioned: “In the fascination of sustaining the integrity of authorized proceedings, the Albany County district attorney’s office environment is now unable to comment on the substance of the movement, as it is a pending legal make a difference.” 

Poquee’s trial attorney, Wheldon, reported in his assertion: “If (the tape) came from the target and depicted Mr. Poquee engaged in sexual activity with an additional lady it would have been quite important to substantiate his version of situations and his protection, that the allegations were all lies coming from a ‘woman scorned’ who was in search of revenge.”

Wilcox and Ryan have been at the time of Poquee’s arrest extensively highly regarded investigators. Wilcox, on the other hand, was, soon after his demise, implicated in a mortgage fraud scandal along with his previous small business lover, Aaron Dare. 

The Poquee case is not the to start with time questions have been raised about Wilcox’s perform as a detective. Two guys the when-revered detective helped put absent in the killing of a faculty college student in excess of two many years ago ended up exonerated and launched from jail in 2016. The town of Albany very last yr agreed to shell out $5.75 million to Carl H. Dukes, just one of the two guys wrongly convicted of killing Erik Mitchell in 1997. Dukes and Lavell Jones explained they had been coerced into confessing yet another man, Jeffrey J. Conrad, informed other Albany detectives that he killed Mitchell.

Jones signed his published confession following two slumber-deprived days in custody for the duration of which he was interrogated by metropolis detectives. Dukes signed his confession in a courthouse conference home in which he was grilled by two detectives when his attorney waited exterior, in portion, under the perception they needed to issue his customer about a robbery.

In 1999, Wilcox arrived under scrutiny following he received a related specific murder confession from a 19-12 months-outdated Albany male accused of killing a drug dealer. The suspect, Kevin Cherry, stood trial for murder but a jury deadlocked on his innocence. On the eve of his 2nd demo, Cherry was established no cost when two other gentlemen had been discovered as suspects right after an eyewitness arrived forward.

Hannigan’s motion is just before Rensselaer County Judge Debra Younger, who is managing the matter due to the noticeable conflicts in Albany. 

Poquee’s preliminary enchantment was unsuccessful, as had been his efforts to signify himself when he claimed that Wheldon was ineffective due to the fact he did not check out to argue that Poquee experienced not been skilled to stand demo. In 2018, Poquee argued that his trial legal professional unsuccessful to tell him of a plea deal he contends he would have recognized.

Condition Supreme Court docket Justice Peter Lynch denied the motion after a listening to.