Child Abuse Cases
Sexual Abuse without Murder, Age 13 and Under
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Case Category |
50 Cases |
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AZ - Pima - Larry Youngblood 1983 CA - Kern - Kniffens & McCuans C1983 CA - Kern - John Stoll 1984 CA - Kern - Pitt Seven C1985 CA - Kern - Jeffrey Modahl C1986 CA - Los Angeles - McMartin Preschool 1983 CA - Los Angeles - Leonard McSherry 1988 CA - San Joachin - Peter Rose 1994 FL - Dade - Richard McKinley 1983 FL - Hillsborough - Alan Crotzer 1981 GA - Whitfield - Wayne Cservak C1997 IL - Cook - Ronnie Bullock 1983 KY - Kenton - Timothy Smith A2000 LA - Caddo - Calvin Willis 1981 LA - East Baton Rouge - Gene Bibbins 1986 MA - Berkshire - Bernard Baran (1980s) MA - Berkshire - Robert Halsey 1993 MA - Middlesex - Fells Acres Day School 1984 MA - Middlesex - Ray & Shirley Souza C1993 MA - Suffolk - Arthur O'Connell C1935 MA - Suffolk - Marvin Mitchell 1988 MA - Suffolk - Guy Randolph 1990 MI - Oakland - James Perry 2005 MI - Gary Lee Morris 1994 MN - Hennepin - Edward & Karri LaBois 1984 |
MS - Chickasaw - Cameron Todd A1997 MO - Franklin - Jerry Parker 1989 MT - Yellowstone - Jimmy Ray Bromgard 1987 NV - Carson City - Broam & Manning C1990 NJ - Essex - Kelly Michaels C1988 NY - Bronx - Bronx Five C1984-86 NC - Brunswick - Sylvester Smith 1984 NC - Chowan - Little Rascals Day Care 1989 NC - Union - James Bernard Parker 1990 NC - Wayne - Dwayne Dail 1987 OH - Hamilton - James Love 1988-89 OH - Lorain - Smith & Allen 1993 OH - Summit - Jimmy Williams 1990 OK - Tulsa - Timothy Durham 1991 OR - Yamhill - Pamela Sue Reser 1999 PA - Lehigh - Felito Mendoza 1992 TX - Dallas - James Waller 1982 TX - Hays - Thomas Harris 1996 TX - Hutchinson - Ronnie Mark Gariepy 1991 TX - Lubbock - Jay Van Story C1989 TX - Montgomery - Arthur Mumphrey 1986 TX - Tarrant - John Michael Harvey 1992 WA - Chelan/Douglas - Wenatchee 43 C1994-95 WA - Clark - Ross Sorrels C1995 WA - Daniel L. Sanders - 1997 |
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Location |
Defendant(s) |
Date of Alleged Crime |
| Pima County, AZ | Larry Youngblood | Oct 29, 1983 |
| Youngblood was convicted of abducting a 10-year-old boy from a church carnival and repeatedly sodomizing him. Youngblood fit the description provided by the victim and the traumatized child identified Youngblood in court as the perpetrator. Youngblood lived alone, had a history of mental illness, and had had previous run-ins with the law. He seemed like a likely suspect and was convicted. However, in 2000, DNA tests exonerated him and implicated another man. (IP074) [5/05] | ||
| Kern County, CA | Kniffens & McCuans | Convicted 1983 |
| Scott and Brenda Kniffen and Alvin and Debbie McCuan were convicted of child abuse and given centuries long sentences. There was no physical evidence that any child abuse had occurred. Prosecutors promised the children that testified against the four adults that if they lied they would be reunited with their parents. The children recanted after they realized the prosecutors did not intend to keep their promises. The convictions of the four defendants were reversed in 1996 and they were released after 14 years of imprisonment. [7/05] | ||
| Kern County, CA | John Stoll | 1984 |
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Stoll was convicted of 17 counts of child molestation involving six children including his five-year-old son. Two of Stoll’s codefendants won their state appeal 15 years before he did. His own appeal was denied in part because of a mistake his lawyer had made during the trial—failing to introduce a psychologist’s finding that Stoll showed none of the telltale traits of a pedophile. Of the six kids who had testified against Stoll then, five—now grown— recanted at a hearing. Only his son Jed continued to insist that his father had molested him, though under questioning he could give no details. Stoll's conviction was overturned after he served 20 years of a 40-year sentence. His charges were dropped. [6/05] |
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| Kern County, CA | Pitt Seven | Convicted 1985 |
| The Pitt Seven defendants were Ricky Lynn Pitts, Marcella Pitts, Wayne Dill, Jr., Grace Dill, Wayne Forsythe, Colleen Forsythe, and Gina Miller. In August 1985, all seven were convicted of 377 counts of child abuse and conspiracy. All convictions were reversed in 1990 because the trial and closing arguments were marred by prosecutorial misconduct that was unprecedented in the Court's experience. By 1994, all of the child witnesses had recanted and claimed their testimony was coerced. (FJDB) [7/05] | ||
| Kern County, CA | Jeffrey Modahl | Convicted 1986 |
| Modahl was convicted of sexually abusing his 9-year-old daughter. Modahl's daughter, Carla Jo, now alleges that two Kern County sheriff's detectives tricked and forced her into testifying that her father, grandfather, grandmother, aunt, and others molested her. Carla Jo said two cousins molested her, but from there the investigation mushroomed to wrongly include other family members. She told a reporter, "They took me to lunch every day, they let me play with the computer and promised to take me to Magic Mountain when I was done testifying. They called me their star witness." The conviction was eventually vacated, and the DA declined to retry. Modahl served 15 years of a 48-year sentence. (JD01) (Website) [6/05] | ||
| Los Angeles County, CA | McMartin Preschool | 1983 (Manhattan Beach) |
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In 1983, a mentally unbalanced woman named Judy Johnson enrolled her two-year-old son, Matthew, in the McMartin Preschool. She became obsessed with Matthew's rectal problems and began thinking they were a result of sexual abuse. Soon Judy was making accusations against Ray Buckey, 28, the only male who worked at the school and who was the grandson of Virginia McMartin, 79, the school's founder. Matthew denied abuse at first, but soon Judy was making more accusations against Ray based on what Matthew allegedly said. The police obtained a list of all children who ever attended the school and began questioning parents. They asked them to question their children. The police later encouraged parents to bring their children to abuse counselors who encouraged children using anatomically correct dolls to change from their alleged natural state of denial to giving details of abuse. Reports of abuse snowballed and soon the entire staff of the preschool was indicted and arrested, including Ray Buckey, his mother Peggy, his sister Peggy Ann, his grandmother Virginia, and 3 female teachers. They were charged with 208 counts of child abuse and except for Virginia McMartin, all were denied bail. The original accuser soon disintegrated. Her husband left her, she was diagnosed with paranoid schizophrenia, and she died of alcoholism. At a preliminary hearing lasting 19 months, the prosecution claimed to have solid evidence of abuse—hundreds of photographs of the anuses and vaginas of the children, but no one could quite see what the expert medical interpreter did. Even the three medical doctors for the prosecution could not agree on what they saw. Many children told wild tales that could not possibly be true. The prosecutors even began to break ranks. Prosecutor Glenn Stevens resigned, claiming that they were putting seven innocent people through an ordeal and he wanted no further part in it. Another member of the original team, Christine Johnson, also asked to be removed. At the conclusion of the preliminary hearing, charges were dropped against all defendants for lack of evidence except for Ray and his mother, Peggy Buckey. To get a change of venue, the defense attorneys commissioned an opinion survey. An astounding 97.5 percent of the people in the area believed the defendants were guilty, one of the highest figures of prejudice ever recorded in a poll. Nevertheless, the change of venue motion was denied. Jury selection for the trial began in April 1987, almost 4 years after the initial accusation. In testifying about abuse, using photographs, a so-called medical expert pointed out suspect "white tissue," which turned out to be reflections of light on the photographs. A child abuse investigator could name no credentials or training she had but was only a grant writer. The trial lasted 28 months even though the judge began striking defense witnesses at the end because only one alternate juror remained, raising the possibility of a mistrial. In Jan 1990, the jury hung on 13 counts (all against Ray) but acquitted both Ray and Peggy of the remaining charges. Five months later, another trial began against Ray, but the jury in it became deadlocked as well and charges were dismissed. After 7 years the McMartin case was the longest and most expensive legal proceeding in American history. It had cost the community almost $16 million, and resulted in no convictions. (CrimeLibrary) [6/05] |
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| Los Angeles County, CA | Leonard McSherry | Mar 1988 (Long Beach) |
| McSherry was convicted of the kidnapping and rape of a 6-year-old girl. McSherry was a previously convicted sex offender with several arrests for loitering. Police kept McSherry under tight scrutiny and were predisposed to believe he was the attacker even though he did not match descriptions of the assailant. Witnesses identified him anyway. DNA testing identified the real attacker as an inmate serving a life sentence for a 1997 attack. McSherry served 13 years of a 48 years to life sentence. He was awarded $481,200 for his wrongful incarceration. (IP102) [6/05] | ||
| San Joachin County, CA | Peter Rose | Nov 29, 1994 (Lodi) |
| Rose was convicted of raping a 13-year-old girl. For three weeks, the victim maintained that she did not know who her assailant was. Then after a three-hour taped interrogation, police told her she was lying and threatened to dismiss the case if she did not identify her attacker. Family members who disliked Rose, who was their neighbor, pressured her into identifying him. Rose’s blood type did not match the semen on the victim’s underwear, but the semen sample was deemed too small to conclusively rule him out. Rose served 9 years of a 27-year sentence before DNA testing exonerated him in 2004. In 2005, Rose was awarded $328,200 for the 3282 days that he was wrongfully imprisoned. In 2007, Rose was awarded an additional $1 million combined from the local, county, and state governments. (IP157) [7/05] | ||
| Dade County, FL | Richard McKinley | Jan 1983 (Homestead) |
| McKinley was convicted of raping an eleven-year-old girl. Prosecutors told the jury that recovered semen matched his blood type. A police officer testified that he saw McKinley on top of the victim with his pants down. DNA tests later showed that semen and hair evidence could not have come from McKinley. Prosecutors are still fighting his release. (Mention) [10/05] | ||
| Hillsborough County, FL | Alan Crotzer | July 8, 1981 (Tampa) |
| Crotzer and his alleged accomplices were convicted of robbing a Tampa family at gunpoint and of kidnapping and raping a 38-year-old woman and her 12-year-old daughter. A victim picked Crotzer out of a photo lineup. An alleged accomplice said Crotzer was innocent. In 2006, after 24 years of imprisonment, Crotzer was freed. DNA tests showed he was innocent. (AP News) (IP174) (JD31 p7) [9/06] | ||
| Whitfield County, GA | Wayne Cservak | Tried May 1997 (Dalton) |
| Cservak was convicted of molesting his girlfriend's 13-year-old-son. One trial juror, Jim Thomas, believed Cservak was innocent but was browbeaten into convicting him after eight grueling hours of jury deliberation. Thomas spoke at Cservak's sentencing hearing and his testimony helped convince the judge to give Cservak only 10 years out of a possible 100-year sentence. Then Thomas spent thousands of dollars hiring an attorney to appeal Cservak's case. During the appeal process, the alleged victim recanted his story and told prosecutors that he had lied. Apparently, the boy's mother and Cservak were talking about marrying and the boy did not like that idea. Cservak was incarcerated for close to a year. (JD01) [6/05] | ||
| Cook County, IL | Ronnie Bullock | Mar 18, 1983 (South Side) |
| Bullock was convicted of raping a nine-year-old girl. Bullock was identified by the victim and lived in the area where the rape occurred. DNA tests exonerated him in 1994. (IP020) (NL) (PDI) [9/06] | ||
| Kenton County, KY | Timothy Smith | Charged 2000 (Covington) |
| Smith was charged and convicted of sodomy after his teenage daughter, Katie, claimed repressed memories of abuse. His other daughters had denied such abuse. In 2006, his conviction was overturned because of failure of his counsel to challenge the prosecution expert who backed up Katie's story. The expert had obtained a doctorate in an unaccredited online school. Katie Smith died in 2005 after attacking Sarah Brady, who was 9-months pregnant, with a knife. Brady managed to grab the knife and turned it on Smith. Police concluded Brady acted in self-defense. (AP News) [9/06] | ||
| Caddo Parish, LA | Calvin Willis | June 1981 (Shreveport) |
| Willis was convicted of raping a 10-year-old girl and sentenced to life without parole. Willis was convicted because he is a type O secretor as is 60% of the male population and because he wears a cowboy hat as did the rapist. The assailant left behind a pair of size 40 boxers, but Willis only wears a size 30. DNA tests exonerated Willis in 2003. (IP137) (InjusticeBusters) (TruthInJustice) [10/05] | ||
| East Baton Rouge Parish, LA | Gene Bibbins | June 1986 (Baton Rouge) |
| Bibbins was convicted of raping a 13-year-old girl. The victim initially described her attacker as wearing jeans and having long curly hair. Bibbins was arrested less than an hour after the attack. He was wearing gray shorts and had short, cropped hair. The victim was attacked in her apartment and the attacker took her radio when he left. Bibbins was in possession of the radio, and said he found it as he exited his apartment building. He lived in a different building than the victim but it was in the same apartment complex. DNA tests exonerated Bibbins in 2003. In 2006, Bibbins became the first person in Louisiana to be awarded state compensation for wrongful imprisonment. He was awarded $150,000. However, as of this writing, there is no money in the compensation fund to pay him. (IP124) (JD31 p22) [10/05] | ||
| Berkshire County, MA | Bernard Baran | Arrested 1984 |
| Baran, a gay 19-year-old, was an aide at Pittsfield’s Early Childhood Development Center and was caught in the wave of false abuse allegations that swept the nation in the early 1980’s. In 2006, he was granted a new trial. (www.freebaran.org) [3/05] | ||
| Berkshire County, MA | Robert Halsey | 1993 (Lanesborough) |
| Halsey, a school bus driver, was convicted of sexual assaulting children, because of the testimony of the children. After extensive interrogation by counselors, the children said Halsey detoured their school bus on the way to school to a nearby lake and engaged in wild and bizarre activities with them that included things that could not possibly be true or showed an ignorance of human anatomy. Such detours allegedly occurred numerous times over the course of two years. No record exists of Halsey ever being late on his bus schedule. When testifying, the children did not seem frightened or upset, only well rehearsed. Sometimes they seemed to forget what was apparently rehearsed and ended up speaking about alleged events in a nonsensical context. (CrimeMagazine) [1/07] | ||
| Middlesex County, MA | Fells Acres Day School | 1984 (Malden) |
| School officials Gerald Amirault, his mother Violet, and his sister Cheryl got caught up in snowballing sex abuse allegations and hysteria and were eventually accused of abusing more than 40 children. Children apparently were led into creating abuse stories after being badgered many times by investigating case workers (and some parents) looking for abuse. Many child witnesses unsaid on cross-examination what they had said on direct examination. No corroborating evidence was ever found. The school's insurance company paid more than $20 million to 16 families. The three defendants were convicted and their convictions were never permanently overturned. The longest serving defendant, Gerald Amirault, was paroled in April 2004. "Massachusetts Lawyers Weekly," which has never taken such a stand, called the case a "travesty of justice." (AJ) (RCN) [5/05] | ||
| Middlesex County, MA | Ray & Shirley Souza | Tried in 1993 (Lowell) |
| The Souzas' adult daughter went to counseling and was encouraged to read The Courage to Heal, a book about recovering memories of incest. The book apparently teaches that if you are unhappy or have problems coping with life, it must be because your parents sexually abused you as a child even if you do not remember any abuse. To heal yourself, you have to recover the memories of such abuse. This daughter read the book and recovered alleged memories of abuse that occurred when she was a child. She then spread the gospel of recovered memories to her siblings, some of whom were using their parents, Ray and Shirley to baby-sit their children. Subsequently, the siblings "recovered" memories of abuse and questioned their children repeatedly until the children remember being abused. Ray and Shirley were charged and opted for a judicial trial rather than a jury trial. Judge Elizabeth Dolan, who presided over the Fells Acres abuse case, heard the case. She convicted the Souzas, and sentenced them to 9 to 15 years. Eventually the Souzas were allowed to serve 9 years under house arrest. Author Mark Pendergrast profiled them in the 1996 book Victims of Memory. (JD01) [11/05] | ||
| Suffolk County, MA | Arthur O'Connell | Convicted 1935 (Boston) |
| O'Connell was convicted of a sexual attack on a 13-year-old girl. The conviction was based on the testimony of the victim and her 13-year-old companion. A month after the conviction the companion confessed that they had perjured themselves "just for fun." O'Connell had merely stopped to talk to the girls for a moment. O'Connell was released after a month's imprisonment. (BUSL) (Not Guilty) [10/05] | ||
| Suffolk County, MA | Marvin Mitchell | Sept. 22, 1988 |
| Mitchell was convicted of abducting an 11-year-old girl from a Dorchester bus stop and raping her. The victim initially described her attacker as clean-shaven and cross-eyed, but Mitchell was neither. DNA tests exonerated Mitchell in 1997. (BUSL) (IP044) [10/05] | ||
| Suffolk County, MA | Guy Randolph | Dec 1990 |
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Randolph was convicted of sexually assaulting a 6-year-old girl. The girl did not initially recognize Randolph as her assailant. However, a few minutes later, after talking to her aunt, she accused Randolph. During a grand jury investigation, the girl described her assailant in ways that did not match Randolph, including his clothing and height. There was also no physical evidence connecting Randolph to the assault. At his lawyer's request, Randolph entered a Alford plea in which he did not have to admit guilt in exchange for a time served sentence of 4 months plus 10 years of probation. Randolph later failed to show up for an alcohol counseling session, a condition of his probation. A judge then incarcerated him for the remainder of the 10 years. Following Randolph's release, he had to register as a sex offender. In 2008, after prosecutors said the case against Randolph was so weak it should not have been pursued, a judge exonerated Randolph of all charges and declared him innocent. (Boston Globe) [6/08] |
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| Oakland County, MI | James Perry | Oct 2005 |
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Perry, a kindergarten teacher, was convicted of sexually assaulting two boys, ages 4 and 5 based on the boys’ testimony. The complaint began when the mother of the 5-year-old complained her son had been “tea-bagged” – slang for oral sex. She also said her son had been the victim of a similar assault in Chicago. Under questioning, the 5-year-old identified Perry and said he was only fondled, but said another boy, the 4-year-old, had been “tea-bagged.” The 4-year-old initially denied being assaulted. At trial, the boys claimed to have been pulled from a lunch line and assaulted in an empty Special Education classroom during lunchtime. However, post-conviction interviews with school personnel indicate that the classroom always contained students who do not go out for lunch, and at least one teacher to watch over them. (Detroit Free Press) [3/07] |
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| Unknown County, MI | Gary Lee Morris | 1994 |
| Morris was convicted of sexually assaulting his 13-year-old granddaughter. Morris had evicted his daughter from a trailer owned by his mother. His daughter had paid the rent for years but fell way behind after she began hanging out with a drug-using boyfriend. Shortly after her eviction, his daughter's daughter brought these charges against Morris. Morris' granddaughter claimed he raped her, but a medical exam showed that her hymen was still intact and that she was a virgin. Morris is serving a 20 to 40 year sentence. (JD27) [9/05] | ||
| Hennepin County, MN | Edward & Karri LaBois | 1984 (Minnetonka) |
| The LaBoises who operated a child day care in their home were accused in 1984 of abusing their four-year-old daughter. After learning of the accusation, they fled the state with their daughter. In 2003, an informant tipped off police that the couple was living in a Salt Lake City suburb. The couple was arrested on Nov. 10, 2003. As a four-year-old, the daughter testified on videotape that she was abused after being asked leading questions. However, as a 19-year-old she remembered no such abuse. Parents who sent their children to the LaBois’ daycare remember no allegations of abuse by their children. On Nov. 26, prosecutors dropped charges. Allegations of child abuse were a fad in 1984, but were no longer so in 2003. (AP News) [12/05] | ||
| Chickasaw County, MS | Cameron Todd | Arrested 1997 |
| Todd, a police officer, arrested three adults and three teenagers for setting fire to a trailer. One of them, a 13-year-old girl accused him and others of raping her. Todd was charged with Capital Rape (in 1997) and was linked in press hysteria as being one of the ringleaders of a major child prostitution, drug, and pornography operation. The girl who made the initial accusation has since recanted. (MS Justice) [3/05] | ||
| Franklin County, MO | Jerry Parker | Aug 10, 1989 (Gerald) |
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Jerry L. Parker was convicted of sexually molesting three girls, K.B., age 10, H.R., age 11, and B.C., age 13. He was sentenced to 195 1/2 years of imprisonment. The girls said they were kidnapped at gunpoint from a gazebo in Gerald City Park and forced to walk to a woman’s rest room about a block away where they were molested. The girls’ story contains numerous implausible or impossible details. A deputy indicated that he did not believe the story. Police undertook no further action on the girls’ report until two weeks later when Parker became a suspect. At trial, on cross examination, the Gerald Police Chief conceded his office received over 50 leads and the names of three suspects regarding the alleged assault but Parker was the only person ever questioned about it. The girls’ initial descriptions of the perpetrator and his car did not match Parker or his car. When shown a photo lineup, the girls failed to identify Parker. They were later shown a second lineup in which Parker’s photo stood out. H.R. recognized no one in the lineup. B.C. identified Parker. She remarked, however, “The man in the picture was heavier than the attacker, had a ‘double chin’ whereas the man who assaulted her was slender and did not have a double chin.” K.B. identified a person other than Parker as the perpetrator. H.R. then asked to look at the lineup a second time because B.C. had picked someone out and H.R.’s dad asked her if she could look again. After looking at the lineup a second time, H.R. identified Parker. The police then conducted a live lineup to which they invited Parker’s defense attorney to attend, even though Missouri law did not require them. However, at the time of the live lineup, they changed their minds about allowing the attorney to witness it. After the girls viewed the lineup and identified Parker, police congenially staged a repeat of the live lineup so that the defense attorney could witness it. Parker’s first trial ended in a hung jury, but he was convicted at his second trial. Parker had four alibi witnesses who placed him 22 miles away from the crime scene at the exact time of the crime. His defense attorney called the witnesses at his first trial, but inexplicably did not call them at his second trial. Parker had earlier tried to fire his attorney and represent himself, but the judge would not allow him. His attorney seemed incapable of disbelieving the girls’ story and would not question them aggressively to show the jury that the girls might be stretching the truth. The trial judge, who presided over both trials, apparently did not want the second trial to end in another hung jury. To avoid that possibility, he told the jurors a false story about a case where a jury was charged for the cost of the trial because they did not come to a unanimous decision. (Source) [10/07] |
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| Yellowstone County, MT | Jimmy Ray Bromgard | Mar 20, 1987 (Billings) |
| Bromgard was convicted of raping an 8-year-old girl. The victim said she was "60%, 65% sure" that her attacker was Bromgard after seeing him in a lineup and said, "I am not too sure," when asked if he was her attacker at trial. Crime lab technician Arnold Melnikoff testified that hairs found at scene matched Bauer and that there was only a 1 in 10,000 chance of them being from another person. DNA tests exonerated Bromgard in 2002. (IP112) [10/05] | ||
| Churchill County, NV | Broam & Manning | Convicted 1990 (Fallon) |
| Jack Ray Broam, 38, and his co-worker, Jay Cee Manning, 37, were convicted of sodomizing Broam's 9-year-old son, Neal. Both were sentenced to life in prison. Neal testified that the two sexually assaulted him as many as 50 times in one night. In 1998, the then 17-year-old Neal told a judge that his mother, Broam's ex-wife, locked him up and starved him until he was willing to falsely testify against the two. [10/05] | ||
| Essex County, NJ | Kelly Michaels | Convicted 1988 (Maplewood) |
| Wee Care day care worker accused of sexual abuse. (CrimeMagazine) [7/05] | ||
| Bronx County, NY | Bronx Five | 1984 |
| In 1984, five men were arrested and subsequently convicted for sexually abusing 20 toddlers at three New York City funded day care centers in the Bronx. All the convictions were overturned on appeal. Police investigations used techniques on children to produce false testimony and implanted memories. One defendant, Alberto Ramos, was convicted in 1984 after police used torture to extract a confession. He was cleared in 1992. He later filed a lawsuit and was awarded $5 million in 2003. In 1986, Rev. Nathaniel O'Grady was also convicted of child abuse. At his trial, one of the child witnesses apparently had not been coached enough and he identified the judge as his abuser. O'Grady's conviction was overturned on appeal in 1996. Albert Algarin, Franklin Beauchamp, and Jesus Torres, were also convicted of child abuse in 1986. Their convictions were overturned on appeal. (Gauntlet) (Religious Tolerance) (FJDB) [11/07] | ||
| Brunswick County, NC | Sylvester Smith | Mar 1984 |
| Smith was convicted of raping Gloria Ogundeji and Janell Smith, ages four and five. The victims were the daughter and niece of the woman with whom Smith had been staying. The conviction was based on the testimony of the girls. In 2004, the girls came forward and revealed that their grandmother, Fannie Mae Davis, had pressured them into accusing Smith in order to protect the actual perpetrator, their 9-year-old cousin. Smith was released, but in 2005, Gov. Mike Easley had the opportunity to pardon Smith, but refused to. In 1984, he was the District Attorney who prosecuted Smith, and apparently, it is hard for him to admit that he made a mistake. | ||
| Chowan County, NC | Little Rascals Day Care | 1989 |
| During winter 1988-89, Edenton police attended a Satanic Ritual Abuse (SRA) seminar. Shortly thereafter accusations of mass child abuse began to surface involving the Little Rascals Day Care in Edenton. More than 90 children accused 20 adults including the mayor and the sheriff with 429 instances of child sexual abuse. Seven adults were eventually charged. Charges were dropped against three. Two were allowed to plead no contest. Two, Bob Kelly and Dawn Wilson, were found guilty of multiple charges of child sex abuse and given long sentences. The convictions were overturned on appeal and new trials were ordered. The cases were finally settled in 1999 when all charges were dropped against Kelley. (Religious Tolerance) [7/05] | ||
| Union County, NC | James Bernard Parker | May 1990 (Monroe) |
| Parker was accused of molesting 19 children and convicted of molesting four boys, ages 5 to 12. The alleged assaults purportedly occurred near the Icemorlee Street Apartments in Monroe. Few children initially told their parents. The stories came out only when school counselors began asking questions. Parker was sentenced to 3 life terms plus 60 years. No physical evidence linked him to the alleged crimes and he was charged even though children told stories of being tied to trees and fed poisoned ice cream. They also gave a wide range of descriptions of their attacker. In 2002, an investigation begun by a UNC journalism student brought forth 15 reported victims and witnesses who said the crimes never happened or that Parker was not the attacker. The only three boys who testified against Parker have since signed affidavits saying Parker did not commit the crimes. In 2004, Parker, who maintains his innocence, was coerced into pleading guilty to reduced sex crime charges in exchange for release from imprisonment. (Article) | ||
| Wayne County, NC | Dwayne Dail | Sept 4, 1987 |
| Dwayne Allen Dail was convicted in 1989 of entering a Goldsboro home and raping a 12-year-old girl who lived there. The girl initially described her attacker as having shoulder-length light brown hair and a beard. Dail and others later testified that at the time of the attack his hair was bleached and cut in a "Billy Idol" style, and that he was incapable of growing anything more than patchy facial hair. Nevertheless, the girl identified Dail as her assailant and an expert testified that hairs found at the crime scene were microscopically consistent with those of Dail. Dail reportedly turned down an offer to plead guilty in exchange for three years of probation. A jury sentenced him to two life terms plus 15 years. In 2007, DNA tests proved that Dail was not the girl’s assailant, and he was released and pardoned. (IP204) (Goldsboro News-Argus) [10/07] | ||
| Hamilton County, OH | James Love | Dec 1988 - Mar 1989 |
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In Feb. 1996, 18-year-old Sarah Jane Adams filed a police report, accusing James F. Love of orally raping her six, seven, eight years earlier. After being charged with five rapes, Love filed a notice of alibi, stating that he was out of the United States during a large portion of the time period mentioned in his indictment. His lawyers requested more specific dates and times of the alleged rapes, but the prosecutor repeatedly denied that any dates were available. At Love’s trial in June 1996, Adams testified that the first rape occurred “the week after Christmas 1988.” She testified next three rapes occurred “at least once a month each month after the first time.” Which would have been January, February, and March 1989. Regarding the fifth rape she testified, “I can’t remember when the last time was.” Love told his attorneys he was in Mexico during the time period Adams said she was raped. He obtained his mother’s telephone records, which showed his mother had received collect calls from Mexico in late 1988 and early 1989. The prosecutor argued that there was no proof the collect calls to Love’s mother had been made by Love. The jury convicted Love on four of the five rape charges. Love was sentenced to four consecutive life sentences. Love will be eligible for parole in 2036 when he is 85-years-old. Since Love’s conviction, he has assembled abundant evidence proving that he was in Mexico, before, during, and after the period in which the alleged rapes occurred. In Nov. 2006, Love’s conviction was overturned. Love has written numerous articles on wrongfully convicted persons. Many of those articles are posted on the Innocent Inmates of Ohio website. (JD30 p5) [9/07] |
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| Lorain County, OH | Smith & Allen | 1993 |
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Nancy Smith and Joseph Allen were convicted of child abuse. Smith, a Head Start school bus driver allegedly drove students to Allen’s house where the students were molested. Smith, a white woman, and Allen, a dark complexioned black, were an unlikely pair and denied ever having met each other. The two were convicted on the testimony of child witnesses whose testimony changed over time, and on the testimony of adults who were facing unrelated criminal charges. School attendance and bus records show the crimes to be impossible. Smith was sentenced to 30 to 90 years in prison and ordered to pay the costs of prosecution. Allen was sentenced to five consecutive life terms. No physical evidence existed that any child was molested. (Crime Magazine) (JD29 p3) [2/07] |
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| Summit County, OH | Jimmy Williams | 1990 |
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Jimmy “Spunk” Williams was convicted of the rape of a 12-year-old girl. An attorney, appointed to represent him at a parole hearing in Dec. 2000, set up a meeting with the father of the victim. Three months later the victim recanted her identification of Williams. The victim originally claimed she was raped after her parents confronted her about sucker marks, which were on her neck. The victim and a girlfriend testified they had been experimenting with sexual activity, and the girlfriend, who was also 12, had made the sucker marks. At trial, doctors could not say that the victim was raped. They could only say the victim was not a virgin. The victim apparently still maintained she had been raped, but stated in court that she did not see her assailant’s face. Williams was released in 2001 and awarded $750,000 by the state of Ohio in 2005. (AP News) (Dredmund) [9/07] |
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| Tulsa County, OK | Timothy Durham | May 31, 1991 |
| Durham was convicted of raping an 11 year-old girl, Molly M., and robbing her house. Durham had 11 alibi witnesses who placed him at a skeet shooting competition in Dallas, TX at the time of the attack, but he was convicted anyway and sentenced to over 3,100 years imprisonment. His trial featured a dubious forensic analyst who implied Durham's hair matched hair left by the attacker. DNA tests exonerated him in 1997. (IP042) [10/05] | ||
| Yamhill County, OR | Pamela Sue Reser | 1998 (McMinnville) |
| Reser was convicted of raping her four small children and sentenced to 116 years in jail. Her children alleged that she forced them to have sex with her, each other, and her boyfriends. Apparently, their foster mother put them up to this, because they all later recanted. Reser was incarcerated for more than three years before release. (JusticeDenied) (NewsRegister) [7/05] | ||
| Lehigh County, PA | Felito Mendoza | Feb 25, 1992 (Allentown) |
| Mendoza was convicted of child molestation. His common law wife, Mercedes, had disciplined her child, which led to physical abuse charges against Felito. Their children were taken away. Later he was charged with sexual abuse after a case worker got a mistranslation of a Spanish word a child used and after one child tested positive for gonorrhea, even though neither Felito or Mercedes tested positive. Mendoza suspects the child was assaulted by Mercedes brother, now in a psychiatric hospital, who had formerly lived in the house with the children and had sexually assaulted Mercedes and her sisters. In addition, the children were pressured and bribed by prosecutors to testify. Defense witnesses, particularly Mercedes were pressured into not testifying. [6/05] | ||
| Dallas County, TX | James Waller | Nov 2, 1982 |
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Waller was convicted of raping a 12-year-old boy, identified as Jay S. Jay initially described his assailant as a black man, 5 foot 8 inches tall and weighing 150 lbs. He said a red bandanna concealed his assailant’s face. Later that day at a 7-Eleven, Jay heard his assailant’s voice, and turned to see Waller. Waller is nearly 6 foot 4 inches tall and was heavy. Waller’s family was the only black family living in Jay’s apartment complex. At trial, Waller presented witnesses stating he was home at the time of the assault, but Waller was convicted anyway. Waller was paroled in 1993. DNA tests exonerated him of the crime in 2007, making him the 12th person in Dallas County to be exonerated by DNA tests. (NY Times) [2/07] |
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| Hays County, TX | Thomas Harris | Aug 1996 |
| Harris was accused and convicted of molesting his youngest daughter. His wife acknowledged to two witnesses that the accusation was not true. The alleged victim also acknowledged that accusation was not true and said Susan Miller (the divorce attorney of Harris' wife) and Trine Rodriquez told her to lie. Harris has a long but interesting story including details such as his wife poisoning his food. (JD02) [6/05] | ||
| Hutchinson County, TX | Ronnie Mark Gariepy | Oct 5, 1991 |
| Gariepy pleaded guilty to sexually assaulting his 13-year-old stepdaughter after authorities persuaded him that he might have committed the crime during an alcoholic blackout. The alleged victim recanted her allegation 18 months after he was sentenced to 12 years in prison. After Gariepy was paroled in 1999, Gov. George W. Bush granted him a pardon based on innocence. (NL) [7/05] | ||
| Lubbock County, TX | Jay Van Story | Convicted 1989 |
| Van Story was convicted of the aggravated sexual harassment of his 7-year-old cousin. He allegedly had lain naked on top of her. Van Story was sentenced to 15 years to life imprisonment. In 2000, the cousin had gotten married and become a Christian. She wrote to Van Story asking for his forgiveness. The real abuser had originally forced her into naming Van Story. When she told the truth to Children's Protective Services, they told her she would never see her mother unless she cooperated in the prosecution of Van Story. Van Story is a prison graphics worker who designed the Texas state license plate and is still imprisoned in 2005. (JusticeDenied) [9/05] | ||
| Montgomery County, TX | Arthur Mumphrey | Feb 28, 1986 (Dobbin) |
| Mumphrey was convicted of raping a 13-year-old girl. He was convicted because of the testimony of his co-defendant, Steve Thomas, who testified in exchange for a reduced sentence. The victim claimed two men had raped her, but could not identify Mumphrey as one of them. DNA tests later implicated Thomas and an unknown male as the rapists. Mumphrey was released and pardoned in 2006 after 18 years of imprisonment. Because of Texas law, the pardon does not erase his rape conviction. Mumphrey is eligible for about $500,000 in compensation under Texas law. (IP175) (JD31 p4) [12/06] | ||
| Tarrant County, TX | John Michael Harvey | 1989 |
| Harvey was convicted of molesting the 3-year-old daughter of his live-in girlfriend. The victim, identified as S. R. and now 17, denied that Harvey was her molester and only named him under pressure from the prosecutor, Lisa Mullen. In a sworn statement the victim said, "I am also very angry with the prosecutor. I feel that she took advantage of me because she wanted to win her case." [10/05] | ||
| Chelan/Douglas County, WA | Wenatchee 43 | Convicted 1994-95 |
| Between 1992 and 1995, 43 adults, mostly women, were arrested on 29,726 charges of child abuse. The alleged abuse involved 60 children and resulted in 22 convictions. All of the alleged abuse occurred in the city of Wenatchee (in Chelan County) and East Wenatchee (in Douglas County). The allegations started when two children under the foster care of detective Robert Perez began accusing their parents. (One soon ran away from Perez and recanted.) Many defendants were coerced into confessing by the same detective. The last imprisoned defendant was released in Dec. 2000. To date, more than $7 million in civil settlements have been awarded to the defendants. (ReligiousTolerance) (Wash Times) [7/05] | ||
| Clark County, WA | Ross Sorrels | Convicted 1995 |
| Sorrels was convicted of raping a five-year-old girl. His 1995 trial attracted wide publicity because he was the former director of a group for troubled teenagers, America For Youth Foundation. The actual rapist was convicted in 2002 of raping both the five-year old and her two sisters while living with the girl's mother. [10/05] | ||
| Clark County, WA | Daniel L. Sanders | June 1997 |
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Daniel L. Sanders was convicted of child molestation. In late May and early June of 1997, Sanders stayed with his former girlfriend, Patti Kelley, to spend time with his 14-year-old son, Gabe. Kelley also lived with her three-year-old son, Tyler, who was not Sanders’ child. After Kelley accused Sanders of molesting Tyler, Sanders said she was retaliating against him for threatening to call Child Protective Services after Tyler had gotten got into Kelley’s stash of methamphetamine. Kelley had told police that Sanders had masturbated and ejaculated in Tyler’s face. During a preliminary hearing, Tyler stated, “My mom told me to say these things about [Sanders],” and he would not, or could not, identify Sanders in the courtroom. The judge found Tyler incompetent to testify. Kelley said she had put Tyler’s clothes and the washcloth used to clean him in a bag for police, but no semen was found on any of the items. Tyler was examined the day after the alleged incident, and though Kelley said she had not bathed him, no semen was found on him. Sanders identified numerous exculpatory witnesses, but his attorney, Thomas Ladouceur, refused to call or interview them. Sanders identified a neighbor who had witnessed his dispute with Kelley. Sanders claimed that Kelley had a history of threatening and making false charges. Sanders identified witnesses who would testify that Kelley, in the course of various disputes with Sanders, had frequently threatened to call the police and falsely report that he had committed crimes or violated his parole. Sanders had no prior conviction for sexual offenses. Sanders identified witnesses who would testify that Kelley had a history of coaching her children and forcing them to lie. Ladouceur, however, did not call or interview any of these witnesses. Sanders claimed that Kelley had previously fabricated molestation charges against another man. According to Sanders, Kelley had a dispute in 1995 with a man nicknamed Grizzly about drug money. Kelley called the police and claimed that Grizzly had molested Gabe. Grizzly was convicted of the charges, but Gabe later told Sanders that Kelley had told him to make up the story. Sanders spoke with Grizzly and asked Ladouceur to interview him, but Ladouceur made no effort to investigate the incident involving Grizzly and Gabe. Finally, Sanders identified a disinterested third-party witness, Dee Ann Wren, who could establish an alibi. After his dispute with Kelley, Sanders telephoned Wren, whom he had never met before, and discussed the possibility of moving into Wren’s house. During the time that Kelley claimed Sanders assaulted Tyler, Wren says that she and Sanders were on the telephone together. Wren had talked to Sanders at length, asking him questions to evaluate whether he would be a good tenant. After Sanders had been arrested, Wren contacted Ladouceur and offered to testify, but Ladouceur did not interview Wren or call her to testify. Other than Sanders himself, Ladouceur did not seek or call any witnesses. Nor did he seek to introduce Tyler’s pretrial statement. The federal Ninth Circuit Court overturned Sanders’ conviction in Sept. 2003 based on Ladouceur’s failure to investigate and interview potentially exculpatory witnesses. Sanders also claimed that the prosecutor, who Sanders had worked for as an informant, was retaliating against him for failing to provide information satisfactory to the prosecutor. (Sanders v. Ryder) [2/08] |
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