Overview of Wrongful Conviction with Jason Flom — #591 Jason Flom with Andrew Krivak
This episode revisits the wrongful conviction of Andrew “Andy” Krivak in the 1994 rape and murder of 12-year-old Josette Wright in Putnam County, New York. Recorded while Krivak was still incarcerated, the conversation lays out how police built a case around a coerced confession, an incentivized witness, and weak forensic claims—despite no physical evidence tying him to the crime. The episode also updates listeners on the broader case: co-defendant Anthony DiPippo was later acquitted, Krivak’s conviction was eventually vacated, and he was exonerated after a 2023 retrial; Putnam County later paid him a $20 million settlement in 2024.
The Case at a Glance
What happened
- Josette Wright disappeared in 1994; her body was found about 13 months later.
- Andy Krivak and Anthony DiPippo were charged and convicted in separate trials.
- The prosecution’s theory centered on a story that the crime happened in a van with multiple teens present.
Why the case was controversial
- The initial disappearance was not treated as a serious homicide investigation.
- The case shifted direction only after police developed a theory they could push onto witnesses.
- A former girlfriend, Denise Rose, provided the key narrative after repeated police pressure.
- Krivak says his “confession” was not a real confession, but a pre-written statement he signed after prolonged interrogation.
Main Arguments Raised in the Episode
Coerced confession
- Krivak describes hours of intense questioning, intimidation, and physical abuse.
- He says investigator Daniel Stevens assaulted him after a failed polygraph.
- The episode notes that a separate expert later determined the polygraph process was compromised and that Krivak’s answers were truthful.
Incentivized and unreliable witness testimony
- Denise Rose initially gave statements that were closer to the truth, then changed her story after repeated police pressure.
- Her account was used to place Krivak and DiPippo in a van with the victim.
- Other people allegedly present in the van rejected her version of events.
No physical or forensic evidence
- The defense and the interview repeatedly stress that:
- there was no forensic evidence linking Krivak to the murder,
- the van theory was impossible because the van was reportedly inoperable and up on blocks,
- the victim’s alleged jewelry evidence was dubious and surfaced only after police had seized the vehicle.
Suspected alternative perpetrator
- Howard Gombert emerges as the strongest alternative suspect in the discussion.
- He was known to the victim, had a history of sex crimes, and was later imprisoned for child sex offenses.
- The episode suggests police ignored or minimized evidence pointing toward him.
Themes and Takeaways
How wrongful convictions happen
- The episode is a textbook example of:
- pressure-driven policing,
- false or coerced confessions,
- unreliable witness coaching,
- tunnel vision,
- and prosecutorial dependence on a shaky narrative instead of hard evidence.
The long road to exoneration
- Krivak endured more than two decades in prison before being cleared.
- The case highlights how difficult it can be to undo a wrongful conviction even when the evidence strongly points the other way.
- It also shows the importance of post-conviction advocacy, innocence organizations, and retrial work.
Krivak’s mindset
- Despite the circumstances, Krivak comes across as calm, reflective, and determined.
- He repeatedly emphasizes resilience, faith in justice, and the need to keep fighting.
- His message is that wrongful conviction does not just destroy one person—it harms victims’ families, communities, and trust in the justice system.
Outcome and Current Status
- Anthony DiPippo: later acquitted at retrial.
- Andrew Krivak: conviction vacated; released on bail in 2020; acquitted at his 2023 retrial and later formally exonerated.
- Compensation: Putnam County paid Krivak a $20 million settlement in 2024.
- Broader impact: The episode underscores the role of innocence advocates, appellate litigation, and public attention in correcting wrongful convictions.
Support and Call to Action
Ways listeners can help
- Support innocence organizations and wrongful conviction advocacy groups.
- Learn more about cases involving false confessions and witness coercion.
- Share the episode and the case to raise awareness of systemic failures.
From the episode
- Krivak invites people to write to him and says he wants to connect with supporters.
- The show also encourages listeners to support the Innocence Project and similar organizations working to prevent future wrongful convictions.