Free after 10 years, Josiah Galloway Found Innocent
Appellate Attorney, Joseph DeFelice seeks justice for an innocent man after serving 10 years for a crime he didn’t commit. Josiah Galloway, now 31 years old, was misidentified and sentenced to 25 years for a road rage shooting of a cab driver in Hempstead. The attempted murder conviction was vacated in the Mineola Courthouse, Nassau County on Thursday, September 13, 2018.
Galloway said he never gave up hope. His mother Cheryl Johnson, now battling cancer, said she’s glad to be alive to see her son released. Josiah Galloway walked hand in hand with his weeping mother moments after a judge set him free.
Galloway’s Attorney, Joseph DeFelice of Kew Gardens, told reporters “This case emphasizes how misidentification is one of the greatest problems within the criminal justice system. Here we had two people that identified him at the trial. The descriptions really didn’t match and yet he was convicted.”
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“This would come out eventually,” Galloway told reporters after leaving the courtroom as a free man. “What’s in the dark comes to the light eventually.”
A Nassau County judge vacated the 2008 attempted murder conviction of Josiah Galloway after prosecutors discovered new evidence to prove Galloway did not commit the crime. In July a caller tipped off the Nassau County DA’s office that the wrong man was in jail.
“They could no longer be silent, they knew that an innocent person had been in prison for almost ten years and they wanted to come forward,” said Sheryl Anania of the Conviction Integrity Unit.
Through interviews with witnesses and re-examining trial evidence, the district attorney’s office concluded that a person who is already incarcerated for a different crime committed the shooting—not Galloway. The real attacker was reportedly much taller than Galloway, however the victim picked Galloway out of a police lineup instead. The actual shooter is currently in prison on unrelated charges. Unfortunately for Galloway, the victim, the five-year statute of limitations for attempted murder has run out on the case and the shooter cannot not be charged with the crime or publicly identified.