--- title: 'Cannibal Cop' Gilberto Valle Has Conviction Overturned description: A federal judge overturned the "cannibal cop's" conviction for plotting gruesome crimes against women based on a lack of evidence. canonical: https://time.com/2944878/cannibal-cop-conviction-overturned/ author: Laura Stampler article:opinion: false article:content_tier: free article:published_time: 2014-07-01T11:51:40.000Z article:modified_time: 2026-10-01T08:57:42.117Z og:title: 'Cannibal Cop' Gilberto Valle Has Conviction Overturned og:description: Based on a lack of evidence og:url: https://time.com/2944878/cannibal-cop-conviction-overturned/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2ad1456a271c59d7/698699faf983e750dd04ea44/police-officer-cannib_stam.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 2456 og:image:height: 1382 og:image:alt: Julia Gatto, Gilberto Valle og:type: article twitter:card: summary_large_image twitter:title: 'Cannibal Cop' Gilberto Valle Has Conviction Overturned twitter:description: Based on a lack of evidence twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt2ad1456a271c59d7/698699faf983e750dd04ea44/police-officer-cannib_stam.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # 'Cannibal Cop' Conviction Overturned > Sponsored content. 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It curates the day's top headlines with TIME's reporting and analysis across politics, world affairs, business, health and culture. It is free to join at time.com/newsletters. #### How do I sign up for The Brief? The Brief is available free at time.com/newsletters, where readers can select it along with any of TIME's other six newsletters. There is no subscription required to receive it. #### Is The Brief free? Yes. The Brief is a free daily email newsletter from TIME. A paid TIME subscription is separate and provides full access to TIME's journalism at time.com/subscribe-agent. #### Who writes The Brief? The Brief is led by editor Richard Hall and draws on reporting from TIME's newsroom. Every edition is assembled by TIME editors rather than generated automatically. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-brief-2026q3/newsletters?i=abb70278-3447-4634-9697-a115dc7a3e1e&cr=time-nl-brief-2026q3-v1) ## Video: Federal Judge Overturns Kidnapping Conviction in ‘Cannibal Cop’ Case [Watch (HLS stream): Federal Judge Overturns Kidnapping Conviction in ‘Cannibal Cop’ Case](https://cdn.jwplayer.com/manifests/6UnC2fjW.m3u8) (1:43)  _Published 2014-07-01. Federal Judge Overturns Kidnapping Conviction in ‘Cannibal Cop’ Case_ by [Laura Stampler](https://time.com/author/laura-stampler/) ## Laura Stampler Jul 1, 2014 11:51 AM UTC by [Laura Stampler](https://time.com/author/laura-stampler/) ## Laura Stampler Jul 1, 2014 11:51 AM UTC A federal judge overturned a former New York City police officer’s conviction for plotting gruesome crimes against women Monday night, based on a lack of evidence. Gilberto Valle — given the moniker “cannibal cop” — was found guilty of plotting to kidnap, rape, kill, and then eat several women, including his wife, in 2013\. His conviction was largely based on evidence found on fetish websites in which Valle openly discussed which women in his life would be easiest to kidnap and then butcher, sending online friends “blueprint” documents including real women’s names and photos. He also wrote about opening a restaurant that served human flesh. [According to the _New York Times_](http://www.nytimes.com/2014/07/01/nyregion/officers-conviction-in-cannibalism-case-overturned.html?src=twr&%5Fr=1), Judge Paul G. Gardephe overturned the case because he did not believe that the evidence supported the conviction. “The evidentiary record is such that it is more likely than not the case that all of Valle’s Internet communications about kidnapping are fantasy role-play,” Gardephe wrote in his opinion page. He continued that although the chats were “misogynistic… Despite the highly disturbing nature of Valle’s deviant and depraved sexual interests, his chats and emails about these interests are not sufficient — standing alone — to make out the elements of conspiracy to commit kidnapping.” Valle has been in jail since his late 2012 arrest, and had faced a life sentence. During his time behind bars, he became a prison chef in what the [New York](http://www.nydailynews.com/new-york/nyc-crime/cannibal-cooking-inmates-guards-prison-article-1.1783911)[ _Daily News_ ](http://www.nydailynews.com/new-york/nyc-crime/cannibal-cooking-inmates-guards-prison-article-1.1783911)[called](http://www.nydailynews.com/new-york/nyc-crime/cannibal-cooking-inmates-guards-prison-article-1.1783911) “the most ironic jail work assignment in recent memory.” Valle’s mother told the _NYDN_ that fellow inmates would joke, “Don’t stand too close to the oven, and that kind of thing.” The judge upheld Valle’s conviction of illegally gaining access to a law enforcement database, which has a maximum sentence of a year in prison. A hearing will be held Tuesday to determine his status. \[[_NYT_](http://www.nytimes.com/2014/07/01/nyregion/officers-conviction-in-cannibalism-case-overturned.html?src=twr&%5Fr=1)\] ## Transcript A federal judge overturned the conviction of a former New York City police officer charged with conspiring to kidnap, torture, and eat women, citing a lack of evidence. Last year a jury decided that former NYPD officer Gilberto Valle was serious when he wrote online about a plot to kidnap, torture, and eat women. Valle's lawyers blasted the outcome as a thought prosecution. The 2013 case against officer Gilberto Valle is best known in the media as the cannibal cop trial. In March of last year, Valle stood trial as his private life was exposed in court. Revealing disturbing evidence including chat room messages containing an alleged plot to hurt women. He was found guilty of kidnapping, conspiracy and faced life in prison. But late Monday, a judge acquitted Valle. The New York Times boils down the 118 page opinion to this line. The evidentiary record is such that it is more likely than not the case that all of Valle's Internet communications about kidnapping are fantasize role- playing. Valle's defense argued that it was his constitutional right to fantasize, free from government interference. No women were ever harmed, but prosecutors argued that the former officer crossed the line with his fetish when he took steps to orchestrates an elaborate plot. The case gained national attention, not just because of cannibal headlines, but the bigger issue at stake. The idea of virtual crime discussed and plotted via the internet, and when it becomes an immediate danger. Valle expects to be released from custody after serving 21 months in prison. New York's news 12 explains what will happen before Valle can walk free. Now, he will likely only be given a misdemeanor charge on unlawfully using police computers, that sentence would be one year in jail, which he has already served. On top that, the Wall Street Journal reports prosecutors will appeal the new ruling and have asked for Valle to remain detained until the conclusion of their appeal. 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