#233 Jason Flom with Mark Denny

Wrongful Conviction

On December 20, 1987, at about 2 am, two masked men forced their way into a Burger King in Brooklyn, New York, as employees were closing. A third man entered the restaurant at some point, and they blindfolded and raped an 18-year-old female employee and forced a male employee to participate. The three assailants fled with $3,000 in cash. Both employees reported the crime as involving three assailants. But, two weeks later, when the police pulled over Mark Denny with two of the assailants, and the third assailant was identified, detectives convinced the female employee that there were actually four assailants. Despite a lack of physical evidence and the male employee's insistence that there were only 3 attackers, Mark was convicted and sentenced to up to 57 years. The 3 assailants eventually excluded Mark from the crime in sworn statements. But, it took an investigation by Brooklyn's CRU, to expose the corrupt identification process, setting Mark free after almost 30 years.

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