| In June 2010, 36-year-old Ali Tuckett was arrested in Monroe County, New York on a charge of sexually assaulting a 12-year-old boy.
Tuckett denied the accusation and went to trial in Monroe County Supreme Court in June 2011. He chose to have the case heard by a judge without a jury. There was no physical or forensic evidence—only the testimony of the boy.
On June 30, 2011, the judge convicted Tuckett of sexual assault and sentenced him to 18 years in prison.
In 2014, the boy notified the Monroe County District Attorney’s office that his accusation was false. The prosecutors informed Tuckett’s defense attorney, who then filed a post-conviction petition seeking a new trial.
On June 30, 2015, following an evidentiary hearing, Monroe County Supreme Court Judge Victoria Argento vacated Tuckett’s conviction and ordered a new trial.
Judge Argento said she was “troubled by the developments in this matter because (she) previously found the victim credible in his accusation against (Tuckett) but now the victim is adamant that he was untruthful at trial.”
“While the Court has concerns about what is actually behind (the victim’s) about-face, given his current insistence on (Tuckett’s) innocence which—the Court having carefully observed the witness’s demeanor—cannot be said to be incredible on its face, and the lack of any real proof establishing an improper motive for his recantation, the Court in good conscience believes it must now vacate the judgment against (Tuckett),” the judge said in her ruling.
Tuckett was released on bond pending a retrial. On February 22, 2016, the prosecution dismissed the charge. Tucket filed a claim for compensation with the New York State Court of Claims. The court denied his claim in 2022.
– Maurice Possley
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