Lackey that the conviction has been thrown out and at that point there will be an application to release Dan to go home with his family,” he said. District Attorney Don Cerio explained that the judge’s decision, in essence, puts Lackey back to the position he was in when first indicted. Lackey was convicted of first-degree aggravated sexual abuse and first-degree sexual abuse in May 2004 and sentenced to eight years in prison that August. DiStefano’s decision points out that the court was not convinced that the confession McCarthy obtained from Lackey was admissible because Lackey may not have had the mental capacity, with an IQ of 73, to waive his Miranda rights. This March Rose filed a motion to vacate the conviction based on newly discovered evidence that called the accuser’s credibility into question. On Wednesday, Stephen Lackey, Dan’s father, changed the sign in front of his business, Seneca Trail Garden Center on Route 5 in Wampsville, from “Justice for Dan! read more

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