The “Son of Sam” case was closed through what is known as an “exceptional clearance,” a classification used when investigators believe they have identified the offender but cannot proceed with prosecution.  According to the NYPD, the decision was not made in isolation.  Officials said the case was reviewed with the Bronx District Attorney’s Office, and that Assistant District Attorney Christine Scaccia agreed that if the facts were tied to a present-day investigation, an arrest would have been made.  That statement implies that prosecutors examined the evidence supporting the NYPD’s conclusion before agreeing to close the case.  

HOWEVER, a recent FOIL request by Criminal Justice Chris, posted on the website Medium, suggests that the paper trail behind that decision is most definitely missing. In November 2025, Criminal Justice Chris filed a FOIL request (see here) with the Bronx District Attorney’s Office seeking records related to the Wendy Savino shooting, and the identification of David Berkowitz as the perpetrator.  The FOIL request asked for several categories of documents, but the records produced were not investigative materials related to the Savino shooting.  The Bronx District Attorney’s Office reported that it could not locate the records that would normally explain the closing of the Savino case.  According to the determination letter, the Bronx DA’s office conducted a search but could not locate the following items:
• The exceptional clearance file for the Savino shooting;
• Investigative records connecting Berkowitz to the attack; 
• Communications identifying Berkowitz as the perpetrator; 
• Documentation explaining how the exceptional clearance decision was reached. 

In short, the Bronx DA’s office did not possess any records documenting the evidence (old or new) to close the case.   

In May of 2024, Bronx Homicide Detective, Robert Klein, believes there is evidence to suggest that Mrs. Savino was shot by David Berkowitz, despite the clear absence of the use of a .44 caliber revolver, the weapon caliber used during the shooting spree from July 1976 to August 1977.  Detective Klein brings the case to Bronx ADA Christine Scaccia, and a conclusion is drawn that if the facts gathered were tied to a present-day investigation, there would be enough probable cause for an arrest.  

It struck me as odd that such a determination could be made despite the fact that the weapon used in the Savino case was not a Charter Arms .44 caliber Bulldog revolver.  However, it is not for me to judge the adequacy of the evidence, that is outside of my purview.  I trust that Det. Klein and his colleagues were thorough in their approach, and set out to provide Mrs. Savino with the justice she deserved after 50 years.