Capozzi family seek $41 million from N.Y. State

BUFFALO, N.Y. (WIVB) - - The attorney for Anthony Capozzi's family is seeking millions from New York State.

A $41 million claim is being filed in Albany today asking to compensate the Buffalo man who was wrongfully imprisoned for nearly 22-years.

He was jailed for 2-rapes he never committed. Capozzi was released from prison last spring.

BUFFALO, N.Y. (WIVB) - - Anthony Capozzi's 22-year prison term could cost New York State millions of dollars. News 4's Ellen Maxwell has the latest on plans his family has for a lawsuit against the state.

The $41 million claim will be filed Friday morning by Attorney Thomas D'Agostino.

How did he reach the figure of 41 million?

Thomas D'AgostinoCapozzi's attorney, "Well, there's a lot of different factors that went into that..obviously the biggest factor is the fact that Anthony spent 21 years 7 months and 22 days of his life in prison for something he didn't do."

Anthony Capozzi spent 2/3 of his adult life in prison, convicted of two rapes he did not commit. He was released one year ago today. DNA proved it was Altemio Sanchez, not Capozzi, who raped the women.

April 8th, 2007Anthony Capozziexonerated of rape, "I served too long, too many years in jail and convicted wrongfully of rape...and innocent of rape."

April 8th, 2007Albert CapozziAnthony's father, "The days he spent in prison. Every day he had pain and we had it with him."

D'Agostino is hoping the state attorney general's office will agree on a settlement, so that the Capozzi's will not have to endure a trial.

Thomas D'Agostino, "On a personal level I really don't want to see Anthony and his family re-live all of this again."

News 4 will bring you the latest on this story at 5 and 6 PM.

Do you think Anthony Capozzi should get $41 million? Please leave your comments below.