Mr. De May soon found himself poring through legal documents related to the case, scouring books and articles, and interviewing neighbors. At one point, he even ran the route of Ms. Genovese's flight up Austin Street, timing it with a watch. He became convinced that his first impression was correct. ''Here's something that everyone thinks happened,'' he said, ''that isn't so.''

His argument, made in full at oldkewgardens.com, boils down to two claims: that the great majority of the 38 so-called witnesses did not see any part of the actual killing; and that what most of them did see, or hear, was fleeting and vague.

To begin, he points out that there were two attacks on Kitty Genovese, not three, as The Times initially indicated. The newspaper later acknowledged the discrepancy -- it was caused by confused police accounts -- but three is still given as the number of attacks, recently in ''The Tipping Point'' by Malcolm Gladwell and ''New York: An Illustrated History'' by Ric Burns and James Sanders. Since the extra attack was supposed to have occurred in full view of surrounding windows, it added to an impression of callous disregard by neighbors.

Of the two attacks that did occur, the first was on Austin Street, across from the Mowbray. Contrary to what some accounts imply, Mr. De May, citing courtroom testimony, contends that this first attack must have lasted only minutes before Mr. Moseley jogged off to his car. By the time most witnesses heard the screams and made it to their windows, Mr. De May argues, they saw just a young woman walking or stumbling alone down Austin Street toward the side of her building, then vanishing around the corner.

Every bit as significant as the brevity of the first attack, Mr. De May believes, was the location of the second, more sustained attack. This occurred in a narrow foyer at the back of Ms. Genovese's building, indoors and facing away from the Mowbray toward the railroad tracks. This is where Kitty had gone to seek safety, and where Mr. Moseley discovered her. Only one witness, a man who lived at the top of the stairs, could have seen what occurred in that foyer, Mr. De May said.

Charles Skoller, the former assistant district attorney, supports part of Mr. De May's conclusion. ''I don't think 38 people witnessed it,'' said Mr. Skoller, now retired. ''I don't know where that came from, the 38. I didn't count 38. We only found half a dozen that saw what was going on, that we could use.''

But Mr. Skoller is far less willing than Mr. De May to forgive the neighbors. Even if not all saw the crime, Mr. Skoller is convinced they heard it. ''I believe that many people heard the screams,'' he said. ''It could have been more than 38. And anyone that heard the screams had to know there was a vicious crime taking place. There's no doubt in my mind about that.''