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March 14, 2007

Marie LaPinta's Brother Closer to Freedom After 23 Years

Newsday
Mar 14, 2007
Long Island
Man convicted in '83 closer to freedom
BY ALFONSO A. CASTILLO

Two years after overturning the murder conviction of Marie La Pinta for the killing of her abusive husband, a Suffolk judge has done the same for her brother, who was convicted of pulling the trigger.

State Supreme Court Justice Robert W. Doyle Tuesday vacated the 1984 murder conviction of Leonardo Crociata, 73, who has served 23 years for the 1983 shooting of his sister's husband, Michael La Pinta. Crociata's sentence was 25 years to life.


Following Doyle's ruling, Crociata pleaded guilty to murder Tuesday and is expected to receive a sentence on March 22 that will allow for a prompt parole. Anthony La Pinta said he and his brother, Lenny, "who are really the victims in this," will plead for their uncle's immediate release.

As he did with Marie La Pinta, 71, Doyle ruled that Crociata was denied a fair trial because he was represented by the same law firm as his sister and was not notified by the trial judge of the conflict of interest.

"It's a joyous event for us," said Crociata's nephew, Hauppauge defense attorney Anthony La Pinta, who led the legal campaign that culminated in his mother's 2005 release. "I think the premise here is that finally he's had a second day in court and it's a much fairer day than the first day."

In his ruling, Doyle said that the conflict "affected the nature of the defense" offered on Crociata's behalf.

"He's gratified with the decision, no question," said Crociata's attorney, Kevin Keating of Garden City, who filed the motion seeking the reversal of his client's conviction several months ago. "He's just hopeful that one day soon he'll be able to reunite with his family."

That family includes a wife of 42 years, a son who is a New York City firefighter, one daughter who is a special education teacher and another who is a physical therapist. Keating said his client's family, who live in Brooklyn, requested privacy.

Suffolk prosecutors did not comment on the case. As they did with his sister's case, prosecutors supported overturning Crociata's murder conviction, stating in court documents that "a clear and unequivocal conflict of interest existed" in his representation.

Marie La Pinta's son, Lenny, said he was "elated" over the news about his uncle.

"Now there's a sense of closure. Now we feel we've come full circle as a family," he said. "My mom has always wanted her brother to feel the same freedom as she does."

Crociata's possible release from prison would wrap up a quarter-century-long journey for the La Pinta family that began one early spring day when Crociata was at his sister's home and got involved in an argument with his brother-in-law.

Relatives say Michael La Pinta was abusive to his wife and they were about to separate. During the scuffle, Marie La Pinta hit her husband with a baseball bat and Crociata shot him to death. Marie La Pinta helped her brother wrap her husband's body in a mattress pad and dump it at the Babylon landfill.

After their mother and uncle's convictions, the La Pinta brothers mounted a massive effort focused on bringing their mother's abuse at the hands of her husband to light and winning her freedom.

Although Marie La Pinta's exoneration on murder charges and subsequent release were celebrated, Anthony La Pinta said the victory always felt "incomplete."

"She felt bittersweet about her case," said Anthony La Pinta. "She always said, from the beginning, that if she could change places with her brother, she would."

Keating said Crociata "always loved his sister and he remains happy that she has her freedom back."

Anthony La Pinta said his mother's first priority following her release was to visit her brother in prison. She has gone to see him at the Green Haven Correctional Facility in upstate Stormville about twice a month, La Pinta said.

The siblings, who immigrated from Italy together, also talk on the phone nearly every night, La Pinta said.

"The bond between the two has not wavered, not one bit," he said.

Staff writer Zachary R. Dowdy contributed to this story.

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Posted by lois at March 14, 2007 08:24 PM

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