Alan Tomaski released on technicality after spending only months in prison

9:14 PM, Jul 13, 2012   |    comments
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Sloan, NY (WIVB/CNN) - A convict in New York spent just 17 months in prison for killing a man.

That's because of a technicality.

Alan Tomaski was released from prison Friday after an appeals court overturned his conviction. He was convicted of manslaughter in the death of 23-year-old Samuel Ciapa in 2002 and dumping his body in a reservoir.

However, no one noticed a five-year statute of limitations on that manslaughter charge had expired when Tomaski was sentenced to 25 years behind bars.

"Because of the violation of the statute of limitations, he can no longer be tried again and he in effect got away with manslaughter. He's free as a bird, he's done," said former Erie County District Attorney Frank Clark.

The former district attorney says this is an highly unusual situation.


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