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'I just want my good name cleared'
By CARY DAVIS © St. Petersburg Times, published February 8, 2001 NEW PORT RICHEY -- Matthew Damiani squinted under the heated glare of television cameras and used a trembling knuckle to wipe tears from his deeply tanned cheeks. This nervous man, Largo attorney John Trevena said, wasn't capable of confidently masquerading as a Wells Fargo courier and persuading employees at two St. Petersburg department stores to hand over nearly $30,000. "That would take someone who's very brazen," Trevena said. Someone, Trevena said, like Jeffery Scott Durham, a swaggering, flashy career criminal who, according to a sworn affidavit, confessed in December to the Wells Fargo thefts for which Damiani was convicted in 1996. Durham, once featured on America's Most Wanted as a violent bank robber and a master of disguise, is serving 134 years in the federal penitentiary in Leavenworth, Kan. At a news conference Wednesday afternoon, Damiani, a former state corrections officer, made his first public statement since New Port Richey private investigator Mike Holden traveled to Leavenworth two months ago and obtained a confession from Durham. Damiani cleared his throat and, in a thick Bronx accent left over from childhood, began: "I was a corrections officer for eight years . . ." His voice quivered, he paused, then continued: "I just want my good name cleared so I can start rebuilding my life." Based on Durham's confession, Damiani, 39, of Port Richey is asking a Pinellas circuit judge to overturn his conviction on two felony counts of grand theft. If Circuit Judge Nancy Ley orders a new trial, prosecutors then would have to decide whether to refile charges against Damiani. Damiani already has served the better portion of his sentence. He has served 33 days in jail and completed two years of house arrest. He also has paid about $9,000 in restitution and faces another six years of probation. Damiani said he and his new wife, Donna, have spent more than $100,000 so far to clear his name. Donna Damiani owns two assisted-living facilities, but the couple has had to refinance their home and borrow money from relatives to pay for their fight for justice. Trevena, Damiani's attorney, said his client is a victim of mistaken identity. There was no physical evidence linking Damiani to the 1995 Wells Fargo thefts at the Byrons department store in South Pasadena and the Montgomery Ward at Tyrone Square Mall. At trial, prosecutors relied on store employees who picked Damiani's mug shot out of a photo lineup. They also pointed out that Damiani had once worked part time for Wells-Fargo and that he had not turned in his uniform when he quit. The state's witnesses said the thief was 6 feet 2 or shorter and weighed no more than 185 pounds. Damiani is 6 feet 4 and weighs 220 pounds. The witnesses also said the thief looked like actor Christopher Reeve. "I think I resemble Erik Estrada (the 1970s television heartthrob) more than Christopher Reeve," Damiani said Wednesday. When Holden called from Kansas with news that Durham had confessed, Damiani said he went into a sort of touchdown celebration, dancing around the room and shouting, "Finally it's over. Finally it's over." But, Trevena said Wednesday, "It's not over yet. We're just hoping the courts see the truth."
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From today's Pasco Times |
