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"I became so angry at the system, because no way in hell does this woman deserve this sentence," said Pamela Raymond, owner of the Sayville Inn restaurant that served as the campaign's headquarters. "This is such wonderful news."

In the end, it was a legal motion filed last month by her son, Hauppauge defense attorney Anthony La Pinta, and agreed to by the district attorney's office, that persuaded Doyle to overturn the 1984 conviction.

"It's been a labor of love, really," said a "euphoric" Anthony La Pinta, who was inspired by his mother's case to become an attorney. "I never did lose hope, because I really felt that, given the right platform and given the right argument, I can't see any human being feeling that this wasn't a terrible injustice."

The motion argued that Marie La Pinta was denied due process when she was not informed before her murder trial of the possible conflict of interest posed by the fact that she and her brother, co-defendant Leonardo Crociata, were represented by lawyers from the same law firm.

Had she known about the conflict at the time, she might have hired another lawyer, who could have presented a more thorough defense, in part by better explaining her circumstances. La Pinta said she fled her native Italy to get away from her abusive father but ended up in an arranged marriage to a man who beat her and confined her to their home.

Michael La Pinta was shot in a scuffle with Crociata, who recruited his sister to dispose of the body. Both were convicted of second-degree murder. Crociata remains in prison, serving a 25-years-to-life sentence.

Prosecutors noted the conflict of interest then and formally objected, but no one discussed the issue with La Pinta, who did not speak English well.

"She really didn't have the benefit of pure, independent counsel," Anthony La Pinta said. "And if she did, her theory at trial would have been much different than it was."

In his ruling, Doyle noted that La Pinta and Crociata "had pronounced differences in the type and quantum of evidence against them" and that her lawyer, Steven Kimelman, failed to pursue several viable defenses.

Though La Pinta already had served about 22 years of her 25-to-life sentence, Anthony La Pinta said it could have been another 10 years before she was paroled. By all accounts, La Pinta had been an exemplary prisoner.

Doyle's ruling came with the consent of prosecutors, who agreed that La Pinta could have legitimately mounted a "battered wife" defense. Suffolk District Attorney Thomas Spota said yesterday that he "absolutely" expects to reach a plea deal with La Pinta that would "aid in her freedom."

"Quite frankly, I am happy. I am happy for her and her family," Spota said yesterday. "The time has come that she should be living with her children and grandchildren."

Path to freedom

March 27, 1983: Marie La Pinta's brother Leonardo Crociata fatally shoots her husband, Michael. Crociata and Marie La Pinta are spotted by a guard as they try to dispose of the body in a Babylon dump.

1984: In February, a Suffolk County jury convicts La Pinta and her brother of second-degree murder. Both defendants are sentenced to serve 25 years to life.

December 2000: La Pinta's first request for clemency is denied by Gov. George Pataki.

August 2002: La Pinta's sons, Anthony of West Islip and Lenny of Sayville, mount a second campaign for executive clemency.

December 2002: La Pinta is not included in the group of people granted clemencies, despite a massive media campaign. Family vows to try again next year.

Dec. 24, 2003: Pataki formally rejects La Pinta's request for clemency.

2004: Supporters unable to apply for clemency this year because of formal rejection the previous year.

April 2005: La Pinta's son Anthony, a Hauppauge defense attorney, files legal motion arguing that his mother was denied due process.

May 2005: State Supreme Court Justice Robert W. Doyle overturns La Pinta's murder conviction. Suffolk District Attorney Thomas Spota said he expects to reach a plea deal with La Pinta that would "aid in her freedom."

Copyright 2005 Newsday Inc.

For 2 sons, 'happy tears'

BY ALFONSO A. CASTILLO AND KEIKO MORRIS
STAFF WRITERS

May 4, 2005

For the past two decades, Anthony and Lenny La Pinta have spent Mother's Day much the same way - making the long trip to an upstate prison to visit their mother, Marie, who is serving 25 years to life for killing their father. They will make the same trip this Sunday, but with a special gift in tow - Marie La Pinta's freedom. "She doesn't know anything about the news," Anthony La Pinta, 38, said. "I want to tell her in person." The two brothers, who were 16 and 20 at the time of their father's slaying, hope the visit will be the last they make before their mother returns home. "All of us will probably be reduced to tears," Lenny La Pinta, 43, said. "We've cried tears of pain for many years, so it will be nice to cry happy tears." The legal victory carries a special significance for Anthony La Pinta, who was inspired by his mother's case to become an attorney. His mother even made and sold jewelry from prison to help him pay for his law books. "We are as close as a family unit now, 21 years later, as we were when this tragedy happened," Anthony La Pinta said. Despite her missing many of the most important events in her sons' lives, the brothers tried to keep her close with regular visits. A day after getting married, Lenny La Pinta had a second ceremony for her. "I think the most important thing is that my mother, brother and I never lost our faith that she would be coming home," Lenny La Pinta said. "We just thought we were too good a people to have it end that way." They garnered support for their cause with their Web site, www.mercyformom.org, which includes the only complete family portrait of Marie La Pinta with her two sons, daughter-in-law, and three grandchildren. "They've never seen her outside the prison walls so that's going to be a very special moment," Lenny La Pinta said.

Copyright 2005 Newsday Inc.

Timeline in the case

May 4, 2005

March 27, 1983: Marie La Pinta's brother Leonardo Crociata fatally shoots her husband, Michael. Crociata and Marie La Pinta are spotted by a guard as they tried to dispose of the body in a Babylon dump.

1984: In February, a Suffolk County jury convicts La Pinta and her brother of second-degree murder. Both defendants are sentenced to serve 25 years to life.

December 2000: La Pinta's first request for clemency is denied by Gov. George Pataki.

August 2002: La Pinta's sons, Anthony of West Islip and Leonard of Sayville, mount a second campaign for executive clemency.

December 2002: La Pinta is not included in the group of people granted clemencies, despite a massive media campaign. Family vows to try again next year.

Dec. 24, 2003: Pataki formally rejects La Pinta's request for clemency.

2004: Supporters unable to apply for clemency this year because of formal rejection the previous year.

April 2005: La Pinta's son Anthony, a Hauppauge defense attorney, files legal motion arguing that his mother was denied due process.

May 2005: State Supreme Court Justice Robert W. Doyle overturns La Pinta's murder conviction. Suffolk District Attorney Thomas Spota said he expects to reach a plea deal with La Pinta that would "aid in her freedom."

Copyright 2005 Newsday Inc.

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