by Mike Schnitzel
Kogut, who now lives in Princeton, N.J., was arrested on Feb. 8, along with a friend, Michael Fitton, for breaking into a Lambertville, N.J., home while searching for Fitton's girlfriend who had recently left him, according to Lambertville City Police.
According to police, Kogut acted as a diversion at the front door of the victim's home just after midnight on Feb. 8. Police said that Kogut knocked on the front door of the home and pushed his way in while Fitton kicked in a rear steel door. Someone inside the home attempted to call 911, but Kogut ripped the phone out of their hand and disconnected the call while Fitton held a knife to the throat of one of the victims. The 911 call had already registered, and police responded to a report of a 911 hangup at the home, arresting Kogut and Fitton.
Kogut served 17 years in prison after being convicted of participating in the rape and murder of Fusco in 1986 after police obtained a videotaped and written confession from him. In that confession, Kogut said that he strangled Fusco with a rope after Dennis Halstead and John Restivo raped her in the back of Halstead's van. Kogut later said that his confession was coerced by police. Kogut, Restivo, and Halstead were released from prison in 2003 after new DNA evidence failed to connect any of them to the crime. Kogut was the first defendant retried in the case because of his confession to police.
After being acquitted at his bench retrial by Acting State Supreme Court Justice Victor M. Ort, Kogut moved to New Jersey to begin his new life.
At the time of his arrest for the break-in, police said a crack pipe and $2,000 cash were recovered from Kogut's pockets. He was charged with burglary, criminal trespassing, harassment, and possession of drug paraphernalia. He was later released on $10,000 bond at his arraignment in Hunterdon County Superior Court, according to police.
"We're very disappointed in Mr. Kogut," said Kate Germond, who as a member of Centurion Ministries, an organization whose stated mission is to work towards reversing wrongful convictions, helped to win Kogut's freedom. "He was a man wrongly convicted, and I guess he's had a hard time adjusting."
Kogut's attorney Paul Casteleiro of Hoboken, N.J., could not be reached for comment.
Theresa Fusco's mother Connie Napoli said that the arrest confirmed her belief that Kogut is "a menace."
"I'm glad he got caught and I want to see him prosecuted," said Napoli. "I'd hate to see someone else be hurt before they realize that this man needs to be locked up."
Comments about this story? Mschnitzel@liherald.com or (516)569-4000 ext. 265.
