Jonathan Bandler

jbandler@lohud.com

A federal jury awarded exoneree Jeffrey Deskovic $40 million on Thursday after finding that ex-Putnam Sheriff's Investigator Daniel Stephens fabricated evidence and coerced Deskovic's false confession to the 1989 murder of a Peekskill High School classmate.

Lawyers on both sides said they believed it was the largest jury award ever in a wrongful conviction case. Putnam County will only have to pay $10 million because of a pretrial settlement that limited damages.

"I feel elated. The jury obviously saw that Daniel Stephens' testimony was not truthful," said Deskovic, who turns 41 next week. "I feel like I finally got the fair trial I never got before."

Deskovic was convicted in 1990 for the rape and murder of 15-year-old Angela Correa, based solely on a false confession he gave Peekskill detectives after a polygraph examination administered by Stephens.

At the 1990 criminal trial, jurors knew Deskovic's DNA did not match semen found on the victim. But they relied on Assistant District Attorney George Bolen's spin that the victim could have had consensual sex with someone else before the killer raped her. Bolen was able to do that because Stephens claimed Deskovic told him that the killer may not have ejaculated.

Deskovic maintained that he never made that statement and that Stephens came up with it only after Deskovic's arrest, when authorities learned the DNA did not match.

He was sentenced to 15 years to life in prison and served nearly 16 years before being exonerated in September 2006 after new DNA testing identified the actual killer, Stephen Cunningham.

The federal jury found that Stephens fabricated the ejaculation statement and, through his aggressive, hours-long polygraph examination, coerced Deskovic into confessing when he was interrogated again by Peekskill Detective Thomas McIntyre. Jurors also found Stephens conspired with detectives to violate Deskovic's constitutional rights.

Stephens could not be reached after the verdict. He retired in 2000 and became a physician's assistant. He also is an elected coroner in Putnam.

The 2007 lawsuit also named Westchester County and Peekskill, but those defendants settled with Deskovic for $6.5 million and $5.4 million, respectively. Putnam wanted to settle as well, but Deskovic was determined to have a trial. He holds Stephens most responsible for his ordeal.

Lawyer Nick Brustin said the jury award included $25 million for Deskovic's years in prison and $15 million for the difficulties he will continue to have as a result of his incarceration.

In April, the county Legislature approved a settlement in which Deskovic would be paid regardless of the jury's ruling. Had the jury found for Stephens, the amount would have been $6 million.

"My clients are very pleased we entered into a high-low settlement ... which will limit damages significantly," lawyer Stephen Wellinghorst said after the verdict. "Jeff wanted his day in court."

Deskovic has received his bachelor's and master's degrees since his release from prison, and used some of his compensation money to start The Jeffrey Deskovic Foundation for Justice. The non-profit fights to overturn wrongful convictions and advocates for legislation that would help prevent them.

Thursday night he eschewed a celebratory post-verdict dinner, opting instead to attend a fundraiser for Discovery for Justice, one of the many groups he has partnered with to help others avoid his ordeal.

Twitter: @jonbandler