DiGuglielmo conviction upheld in ’96 deli shooting

Former New York City Police Officer Richard DiGuglielmo (left) lost any chance of getting out of prison before 2019 today. That’s because the state’s highest court, the Court of Appeals, rejected his bid to have his conviction overturned.

In a tersely worded two-page statement, the court found there was “no reasonable possibility” that DiGuglielmo would have been found not guilty had a jury been told that a witness felt he had been coerced to change his initial account that DiGgugliemo was justified in shooting Charles Campbell.

“We are pleased that our State’s highest court, the Court of Appeals, found no merit to Mr. DiGuglielmo’s appeal and unanimously affirmed what has been our position all along, that Mr. DiGuglielmo’s murder conviction was properly obtained and the County Court was wrong in vacating the conviction,” Westchester County District Attorney Janet DiFiore said in a written statement today. “The jury in the case soundly rejected the defendant’s claim of justification after hearing eyewitness testimony from twelve people during his trial that the victim Charles Campbell was backing away when he was shot three times by Mr. DiGuglielmo. With today’s order, the Court of Appeals has rejected all claims against that the conviction.”

The Campbell family will be releasing a statement later today.

DiGuglielmo, who was convicted of second-degree murder, will be eligible for parole in eight years. He was released briefly in September 2008 after a former Westchester County court judge threw out his conviction, but was sent back to prison a year ago after an appeals court reinstated it.