Jeffrey Scott Hornoff had an affair with Victoria “Vickie” Cushman. After her murder, that relationship became part of the case against him. A jury convicted him, an appellate court upheld the verdict, and he lost his job as a Warwick police officer.

Case brief

Warwick, Rhode Island · 1989

Recorded outcome
Hornoff exonerated; Todd Barry pleaded guilty in 2003

Key moments

  1. June 19, 1996The wrong man is convictedView on map
  2. November 2002Barry confesses; Hornoff is released✓ Exclusion or reversalView on map
  3. January 6, 2003Two outcomes in court✓ Exclusion or reversalView on map

People in this case

Then Todd Barry confessed.

Hornoff’s conviction was vacated and the charges dismissed. Barry pleaded guilty. Any account that leaves Hornoff suspended in the role of suspect misses the essential outcome: the man imprisoned for Cushman’s murder was cleared.

The correction came more than a decade after her death, and it did not automatically repair everything the conviction had changed.

The relationship investigators found

Cushman was killed in her Warwick apartment in August 1989. Investigators learned of her relationship with Hornoff and found a handwritten note addressed to him.

The note and the affair created a line of inquiry. They did not, by themselves, establish who killed her.

The later Rhode Island Superior Court opinion [1] recounts how the investigation developed. Hornoff was initially told he was not a suspect. State police reopened the investigation in 1991, and his relationship with Cushman and false statements he had made became important to the case.

He was indicted in 1994 and suspended without pay that December. A jury found him guilty of murder on June 19, 1996. He received a life sentence.

In October 2000, the Rhode Island Supreme Court affirmed the conviction. Warwick terminated his employment and then his benefits.

From the perspective of the criminal process, the case appeared to have reached a settled outcome. The person who would overturn that understanding had not been charged.

A confession from outside the prosecution’s theory

In November 2002, Barry admitted killing Cushman.

The Superior Court’s account emphasizes that he had not previously been approached or considered a suspect. His confession therefore did more than add another detail to the existing prosecution: it displaced the explanation on which Hornoff’s imprisonment depended.

Hornoff sought post-conviction relief and was released in November. In January 2003, his conviction was vacated and the indictment dismissed. Barry pleaded guilty to Cushman’s murder that month.

Hornoff’s criminal record was expunged in June.

The distinction between release and exoneration matters here. Hornoff was not merely paroled after serving part of a valid sentence. The conviction itself was undone and the charges were dismissed.

Wesleyan University Magazine’s retrospective [2] examined the wrongful conviction and the efforts surrounding it. The court’s later employment ruling provides a separate, official record of what those criminal developments meant for his position with the police department.

Clearing a record did not restore a career

In August 2003, Hornoff sued to regain his job and recover the pay and benefits he had lost.

The city’s position involved the reach of Rhode Island’s Law Enforcement Officers’ Bill of Rights. By the time he sought reinstatement, it argued, he was no longer an employee entitled to the statutory protections he invoked.

That produced an uncomfortable consequence: the wrongful conviction that had removed him from his job could also be used to resist the remedies he sought after being cleared.

The Superior Court rejected that result. In its January 6, 2004 decision, it ordered reinstatement and back pay and benefits.

This was an employment decision, not the criminal judgment convicting Barry. Its importance lies in documenting how the consequences of a wrongful prosecution can survive the moment a prison door opens.

Hornoff had to address both the criminal record and the employment decisions made because of it. Success in one arena did not make proceedings in the other unnecessary.

The dates show how long the error lasted

The first investigation and the later prosecution did not reach the same conclusion about Hornoff. Warwick police initially told him he was not a suspect after interviewing him. When state police reopened the investigation in 1991, the affair, Cushman's note and his false statements drew renewed attention. Those facts explain the direction of the investigation. They cannot retrospectively establish guilt in a murder to which another man ultimately pleaded guilty. [1]

Hornoff's loss of his job also happened in stages. He was suspended without pay on December 29, 1994, shortly after his indictment. The June 19, 1996 verdict sent him to prison for life. When the Rhode Island Supreme Court affirmed the conviction on October 24, 2000, the department dismissed him two days later; his benefits ended that month. By then, a prosecution that began with a disputed account of a relationship had reshaped years of his life. [1]

Barry's confession in November 2002 came from a man whom authorities had not approached as a suspect. Hornoff was released on November 6, the day he filed an amended request for post-conviction relief. On January 6, 2003, Barry pleaded guilty and the court vacated Hornoff's conviction and dismissed the indictment. His record was expunged on June 6. Release, reversal and expungement were separate milestones, not a single administrative correction. [1]

Freedom left another dispute to resolve

The city argued that Hornoff's dismissal had been lawful when his conviction became final and that he could no longer claim the protections available to an officer. That left a striking question: could a department rely on the completed dismissal to resist restoring a man whose conviction had been erased? The January 2004 decision rejected that result and ordered reinstatement, back pay and lost benefits. It left the calculation of money for further proceedings. [1]

The decision makes the cost of the wrong conviction unusually visible through employment dates and lost benefits. Cushman's death remains the starting point of that record. A proper account must hold both facts together: she was murdered, and the first man convicted of killing her was innocent. [1]

The victim and the limits of the original case

Cushman’s death generated two intertwined stories: the search for her killer and the imprisonment of someone who did not commit the crime. Neither should erase the other.

An affair explained why investigators examined Hornoff’s connection to her. It did not make suspicion self-proving. A jury verdict and an unsuccessful appeal did not prevent the eventual discovery that the case had gone wrong.

The most revealing turn in this story is therefore not simply that two men occupied the defendant’s chair at different times. It is that the system had produced a conviction, affirmed it and imposed lasting consequences before the actual confession arrived.

For Cushman, the question was who had killed her. For Hornoff, answering that question correctly was only the beginning of recovering what the wrong answer had taken away.

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Sources & further reading

  1. Hornoff v. City of Warwick — reinstatement litigationPrimary · 2004; verify header
  2. Murder Will Out — Wesleyan University MagazineSecondary · 2004-05-20Retrospective reporting on the wrongful conviction; contextual corroboration.

Editorial review: 2026-09-29 · 1086 words