DA won’t ax mob cop slay case
THE CRIMES of the late Mob Cop Stephen Caracappa aren’t enough to set aside the conviction of a cabbie killer, the Brooklyn district attorney’s office said.
Prosecutors oppose a motion by Paul Clark, who wants his conviction vacated based in large part that it was Caracappa who busted him for shooting dead cabbie Oswen Fraser, 60, in downtown Brooklyn in April 1980.
Clark, now 54 and still behind bars, said he was sleeping at home in East Flatbush when Fraser was killed. He claims the ex-detective — who years later was revealed to be a killer for the Luchese crime family — didn’t investigate his alibi.
The Daily News wrote in May that Clark’s lawyers in court papers said Caracappa’s notorious record alone was reason to be skeptical, especially since the only evidence against Clark was the identification by a NYPD clerk whose testimony had critical discrepancies.
The DA’s court filing, however, minimizes those discrepancies and downplayed any impact Caracappa’s rogue ways had on the case.
“Defendant contends, in essence, that because Caracappa was the only person present when (the clerk) identified defendant from a photo array, Caracappa, who was a corrupt detective, might have unduly suggested . . . that the defendant was the shooter,” the filing said. “Defendant’s allegations are sheer speculation, and his claim is meritless.”
Caracappa died in a federal prison in April. He was 75.