#591 Jason Flom with Andrew Krivak

Jason Flom (0:00)

The episode you're about to hear was produced in the first year of this podcast back in 2017

It was episode number 33

At the time, this was an episode of Wrongful Conviction Behind Bars because Andrew Krivak was still sitting in a maximum security prison cell in New York State Prison. But two years after this interview, Andy's conviction was finally vacated. And in October of 2020, he was finally released on bail. It was an honor for me to be there with his team to walk him out of jail. The Deskovic Foundation helped bring on additional legal counsel, the legendary Oscar Michelen and Karen Neuwirth, to represent Andy at his 2023 retrial. The jury returned a verdict of not guilty, and Andy was finally exonerated after 24 long, miserable years in prison. In 2024, Putnam County paid him a $20 million settlement.

To hear more about Andy's incredible case, tune in to Season 5 of Bone Valley, titled The Devil's Quarry. Paul Solotaroff tells the story of Andy's co-defendant, Anthony DiPippo, and the crime that landed both Andy and Anthony wrongfully in prison. A second installment of The Devil's Quarry is coming soon. It investigates another case in the same town, with eerie links to Andy Krivak's story. Look out for the first episode on September 30th. Trust me, you don't want to miss it. And now, here is Andy's story.

SPEAKER_2 (1:32)

I think we have the best legal system. It's just the people that implement it. They get lost along the way and forget what their job really is.

Andrew Krivak (1:41)

He just kept on trying to remind me that who was in authority, who was in control, and how easy it was for my body to be found in any alley of New York City.

Andrew Krivak (1:54)

It's a tough prison when you have the guards going against you, because they are the biggest gang in the prison.

SPEAKER_2 (2:01)

They do that. They'll give a guy a life sentence and go home and eat spaghetti like it was nothing.

Andrew Krivak (2:07)

And anybody that would say, well, why would you confess to something that you didn't do? My question to them will be, why wouldn't you confess when somebody's threatening to kill your life?

SPEAKER_2 (2:17)

The judge, he said, how you feel? I said, I'm okay.

Andrew Krivak (2:20)

He said, well, today is your lucky day.

Jason Flom (2:25)

Welcome back to Wrongful Conviction. We have a very unique case and a very special episode of Wrongful Conviction Behind Bars.

Today is going to be the noisiest episode. I just want to warn you upfront because we're inside Wendy Maximum Security Prison in Buffalo, New York. So apologies in advance, but I promise you, you're going to hear an extraordinary interview today. And so hang in there and hear the story of Andrew Krivak. You've probably heard Andrew's co-defendant, Anthony DiPippo, his episode of Wrongful Conviction aired recently. And so this is a case where we have Anthony on the show having been exonerated, and yet we're still back here behind bars interviewing his co-defendant, which makes no fucking sense. So here we are. If you hear the cell door slamming, you'll know it's as real as it can be.

SPEAKER_6 (3:17)

It was a horrific case. The rape and strangulation in 1994 of angelically beautiful 12-year-old Josette Wright.

SPEAKER_7 (3:24)

And now there was stunning development in a sensational case of a convicted child killer rapist in Putnam County.

SPEAKER_8 (3:30)

What's wrong with this case? This case was created out of hold cloth by the deputy sheriff in charge of this case, who himself has been indicted by this very county for crimes.

SPEAKER_6 (3:39)

DiPippo still maintains his innocence.

SPEAKER_9 (3:42)

A jury in Putnam County found him not guilty. The main witness against him was a former girlfriend who said she witnessed the attack, but the jury didn't buy it.

Andrew Krivak (3:49)

What we learned at this trial is that the eyewitness was incredible.

SPEAKER_9 (3:52)

The defense was allowed to suggest that Howard Gombert is the real killer, seen with the victim shortly before her disappearance and currently in a Connecticut prison on sex assault charges.

SPEAKER_6 (4:01)

Judge Robert Neary ordered DiPippo released on a million dollars bail.

SPEAKER_9 (4:05)

The Putnam County District Attorney, though, isn't backing down. He insists not guilty is not the same as innocent.

Jason Flom (4:11)

Andrew, welcome to the show.

Andrew Krivak (4:13)

Thanks.

Jason Flom (4:14)

In this case, I could say I'm sorry you're here. Usually I'm happy to have our guests on the show, but I'm sorry to be taping it in this facility. I'm looking forward to seeing you on the outside sometime soon.