A schizophrenic who spent 22 years in prison for rape and was denied parole five times has been cleared by DNA evidence.
A judge threw out Anthony Capozzi's two 1987 rape convictions after DNA linked the crimes to another man. Capozzi, 50, is expected to be freed later this week.
Capozzi was not in court for the hearing. He remains at a psychiatric center while authorities arrange for his release.
D'Agostino has said he is prepared to sue the state for wrongful imprisonment to ensure Capozzi's future care.
Capozzi was found guilty of the rapes Feb. 6, 1987, and given a prison sentence of 11 to 35 years.
He had been denied parole five times since becoming eligible in 1997.