Mailman Cleared of Killing, Wins $9.9 Million

By Jennifer A. • Mar 06, 2025
Framed for Murder: How Barry Gibbs Regained His Freedom-1

Barry Gibbs was the kind of mailman people looked forward to seeing. Delivering packages in Manhattan's posh Sutton Place, he greeted everyone with a husky Brooklyn accent and an easy smile. "I had great rapport with the people there," Gibbs recalls as reported by PEOPLE. "They all loved me."

From Postal Routes to Prison

Framed for Murder: How Barry Gibbs Regained His Freedom-2

But life took a turn for the worse. After a rocky divorce and a struggle with addiction, Gibbs found himself living in a mostly Black housing project in Brooklyn, a disheveled figure trying to make ends meet. His decline didn't go unnoticed — least of all by Detective Louis Eppolito, a New York cop and mafia double agent.

A Crime, a Frame-Up, and a Can of Budweiser

The trouble began on a chilly November day in 1986 when jogger Peter Mitchell stumbled upon a grim scene near the Belt Parkway: the body of Virginia Robertson, a 27-year-old mother and sex worker, strangled and left under a quilt. Five empty Budweiser cans littered the area — a detail Mitchell dutifully reported to the cops.

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Enter Detective Eppolito, who promptly ignored protocol by tossing the beer cans and pointing the finger at Gibbs. Mitchell was adamant: Gibbs didn't match the description of the man he'd seen. But after hours of intimidation, threats against his family, a cold interrogation room, and a bribe, Mitchell caved, falsely identifying Gibbs as the culprit.

Without a lawyer present, Gibbs naively agreed to a lineup. "An innocent man has nothing to hide," he reflected later according to PEOPLE. The jury didn't agree. Convicted of second-degree murder in 1988, Gibbs was sentenced to 20 years to life.

The Break That Changed Everything

For nearly 19 years, Gibbs maintained his innocence, refusing to feign remorse for a crime he didn't commit. Parole boards weren't impressed, but Gibbs stood firm. Then, in 2005, the unthinkable happened: Eppolito was arrested, along with fellow detective Stephen Caracappa, for moonlighting as hitmen for the Lucchese crime family.

Federal agents searching Eppolito's Las Vegas home found a bombshell: the long-missing homicide file on Virginia Robertson. This discovery, coupled with a recantation from Mitchell, finally unraveled the case against Gibbs.

On Sept. 29, 2005, a judge vacated Gibbs' conviction. His first request as a free man? A hot bath and a good cup of coffee. That night, he soaked away the years of prison grime in the Brooklyn loft of his lawyer, Barry Scheck, co-founder of the Innocence Project.

Framed for Murder: How Barry Gibbs Regained His Freedom-4

Freedom, Fortune, and Fresh Starts

The city of New York settled with Gibbs in 2010 for a record-breaking $9.9 million. At the time, Gibbs said he planned to use the money for his grandchildren's college education and his medical bills. "I'm going to live each day like it's my last," he said as reported by NBC News.

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As for Eppolito? He was sentenced to serve life behind bars, a fitting punishment for the man who took 19 years from Gibbs. "I hope he lives another 100 years. Every day in prison is like a day of death," Gibbs reflected to NBC News, "I should know."

A Final Chapter

Barry Gibbs spent nearly two decades fighting for the truth, and though he regained his freedom, the years stolen from him could never be returned. Even after his release, he carried the weight of his wrongful conviction, becoming an advocate for justice and a living testament to the devastating power of corruption.

On March 23, 2018, as a New York University film student worked on a documentary about his case, Gibbs passed away. His life, marked by resilience and tragedy, ended before he could see his full story told on screen.

As for the man responsible for his suffering? Louis Eppolito, once a decorated NYPD detective, died behind bars at age 71 on Nov. 3, 2019. He took his last breath in a Tucson, Arizona hospital, not far from the high-security prison where he had been serving a life sentence.

Though justice came late, it did arrive. And in the end, it was Gibbs — not the cop who framed him — who walked free, even if only for too short a time.

References: A Crooked NYPD Cop Working with the Mafia Framed Barry Gibbs for Murder: 'I Know Where Your Mother Lives' (Exclusive) | NY to pay 'Mafia cop' victim record $9.9 million | In Memory of Innocence Project Exoneree Barry Gibbs | Louis Eppolito, Police Officer Turned Mob Hit Man, Dies at 71

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