Location |
Defendant(s) |
Date of Alleged Crime |
Geneva County, AL |
William Jordan |
Convicted 1934 |
William Jordan was convicted of
second-degree murder and sentenced to 25 years of imprisonment. He ran
over a person he knew in his car at night. There had been a fire in
the woods nearby and Jordan said he could not see well enough to tell
whether a person’s body was lying in the road. He spent the night at
the deceased's home apparently unaware of his death. When Jordan found
out the next day about the death of the deceased, he telephoned the
deceased's employer and went with him to the scene. He was wholly
cooperative with the sheriff and told him about running over what he thought
was a pole or chunk in the road.
Jordan's
relations with the deceased were friendly and intimate. There was no motive given
for any hostile act towards the deceased. There was no evidence of strong
drink affecting any of the participants in that night’s occurrence.
The deceased had left footprints in the burned woods and no other footprints
were found. He had been shot and it could not be determined whether he
was dead before or after Jordan ran over his body. After Jordan's
conviction another person confessed to the crime. The state supreme
court vacated Jordan's conviction for insufficient evidence; charges against him
were subsequently dropped. (Jordan v. State)
(MJ) [12/10] |
San Diego County, CA |
Jose Aguado Cervantes |
Oct 22, 1999 |
(Federal Case) Jose Aguado Cervantes, a Mexican national and Tijuana resident, spent more than three months in a U.S. jail after
border agents stopped him on his entry into the U.S. and found 119 pounds
of marijuana hidden in the bumper of his car. Cervantes, 67, had bought
the car three months earlier at a U.S. auction. The car had been
seized four months prior to the auction in connection with its use in
smuggling illegal immigrants. “I put 100 percent of my trust in the American government,” he said in
Spanish. “I never imagined they would sell me a car loaded with drugs.”
Cervantes subsequently filed a civil suit against the U.S. based on
negligence, and the U.S. settled the suit for $275,000. (E&B)
(LA
Times) (Cervantes
v. USA) [2/09] |
Hartford County, CT |
Michael Cyr |
Feb 28, 2005 (Manchester) |
While
intoxicated, Michael Cyr had remotely started his car and sat in the driver's seat
with the driver's side door open. He was subsequently arrested for “driving
while intoxicated,” although he never drove the car, nor did he put keys in
the ignition. After unsuccessfully trying to dismiss the charge, Cyr made a
conditional no contest plea to the charge, which allowed him to challenge it
later. He was sentenced three years imprisonment with two of the years
suspended, three years probation, and a $2000 fine. In 2007, an appeals
court reviewed the conviction. It noted that the state had produced no
evidence that Cyr had the car's ignition keys on him or that Cyr's car was
capable of motion without the keys. It then reversed the conviction, citing
insufficient evidence that Cyr was operating a motor vehicle under the
meaning of the Connecticut “driving while intoxicated” statute. (Connecticut
v. Cyr) [1/08] |
Hillsborough County, FL |
Mitchell James |
Nov 29, 1999 |
Mitchell Houston James was
sentenced to life imprisonment for three counts of DUI manslaughter.
At 1:15 a.m. on Nov 29, 1999, James was driving westbound on Fletcher Ave.
in Tampa, FL. As he approaching the intersection of Bruce B. Downs
Blvd, he noticed a single signal fly towards him and he slammed on his
brakes. A car, with headlights off, ran a red light, at least 20 to
30 seconds after it changed red, and James collided with it in the
intersection. The car was occupied by four college students, high
under the influence of narcotics. The driver, Leanna D.,19 , had only
been licensed for two months and was speeding without wearing her prescribed
lenses. The driver and another student, Majid T., died instantly while
a third, Jaclyn A., died in a hospital. Majid's aunt, Tami Sbar, was a
Florida State Attorney. The fourth student, David S., 20, survived and,
according to the Tampa Tribune, had told his mother, he was the
only one wearing a seat belt. However, a sheriff's report stated that
all four occupants were wearing seat belts.
At the scene,
James was questioned about the accident on videotape and it was evident that he was sober, communicating and
responding to all questions while suffering from a crushed pelvis. At trial it was claimed that tests
revealed he had a .234 to .237 alcohol level in his blood, which is nearly
three times the legal limit under a .08 standard. James' alleged blood
sample had been improperly stored and was destroyed by the state 5 days
after the accident, preventing it from being tested for his DNA.
Deputy Candace Fishel, the lead investigator, did a faulty accident
reconstruction. She held no degree in physics, and was not an expert in the
field of accident reconstruction. Fishel allowed both vehicles to be
destroyed long before James' trial. James says, “I am not guilty of
DUI manslaughter, because I was not drunk or impaired at the time of the
accident, nor was I at fault.” (IIPPI) |
Newaygo County, MI |
Larry Souter |
Aug 25, 1979 |
Larry Pat
Souter was convicted in 1992 of the 1979 murder of 19-year-old Kristy
Ringler. One evening, Souter had met Ringler at a bar and became friendly
with her. When the bar closed at 2:20 a.m., the two left with several
others to continue the party at the home of Anna Mae Carpenter, which is
located off of M37 (State Route 37). While everyone else was inside, Souter and
Ringler went out into the front yard of the house and became amorous. At
some point Ringler decided to go home, walking northbound along M37.
Souter followed her for 20 to 25 feet, trying to persuade her to come back
and get a ride, but he soon abandoned his efforts and returned to the party.
Read More by
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|
Panola County, MS |
John Randall Alexander |
July 15, 1987 |
“John Randall Alexander was wrongly convicted in 1989 of the July 15, 1987
death of a man who was run over by a car as he was walking along a two-lane
highway in Panola County, Mississippi. Alexander was convicted
based on the testimony of three people, including a husband and wife, that
he had confessed. [He] was sentenced to life in prison. In June 1992
the Mississippi Supreme Court affirmed Alexander's conviction. Five years
after [his] trial the woman admitted she lied and perjured herself
because her abusive husband wanted her to testify against Alexander. She
provided Alexander with an Affidavit that he relied on to file a state writ
of habeas corpus. Based on the new evidence of the woman's recantation that
also cast doubt on her husband's testimony, Alexander's conviction was
overturned in June 1995 and he was granted a new trial. The prosecution did
not act until 15 years after his release, when in March 2010 the murder
charge was dropped and his indictment dismissed with prejudice, which means
it cannot be refiled.” –
FJDB |
Saratoga County, NY |
Daniel P. Boutin |
Nov 26, 1985 |
“Daniel P. Boutin was convicted of two counts of criminally negligent
homicide in Saratoga County on February 5, 1987. While driving his
truck on the Adirondack Northway in Saratoga County, Boutin collided with a
police car that had stopped in the right hand roadway behind a disabled
tractor trailer. The police car’s lights were flashing, but visibility
was low due to fog and rain. Both the state trooper and the driver of
the disabled truck, who were seated inside the police vehicle, were killed.
The
Appellate Division affirmed the conviction, but the
Court of Appeals reversed, holding that the evidence does not show that
defendant was engaged in any criminally culpable risk-creating conduct....
Rather, it establishes only that defendant inexplicably failed to see the
vehicle until he was so close that he could not prevent the collision.... [T]hat
unexplained failure, without more, does not constitute criminally negligent
homicide.” – Inevitable Error |
Stark County, OH |
Christopher Bennett |
May 29, 2001 |
Christopher
Bennett was
charged with vehicular homicide after the van he was in crashed and killed a
fellow occupant, Ronald Young, 42. The crash occurred on Baywood
Street in Paris Township. Neither Bennett nor Young were wearing a
seat belt before the crash. Bennett
pleaded guilty to the charge after a witness report and the state crash
expert, Trooper Toby Wagner, indicated that he was the driver. After
Bennett's amnesia cleared in prison, he realized that he was the passenger.
Bennett requested that the blood from the van be tested and such tests
appear to exonerate him. The van had a driver's side airbag and Young's
injuries were consistent with hitting the airbag. Bennett's injuries were
consistent with hitting the windshield. Another witness has come forward
who said Young was the driver. Bennett's conviction was overturned in 2006,
and he faces a possible retrial. (Akron
Beacon Journal) [9/06] |
King County,
WA |
Michael Lee Sipin |
Mar 6, 2000 |
Michael Lee
Sipin was an
occupant of a BMW Z3 sports car that crashed into a tree and threw both
occupants from the car. Sipin suffered brain damage while the other
occupant, David Taylor, was killed. Sipin, who had a blood alcohol level of
.11, maintained that he was the passenger, not the driver. The prosecution
used a computer program named PC-Crash to simulate the crash and it
convinced jurors to convict Sipin of vehicular homicide. Sipin's conviction
was overturned on appeal in 2005. The appeals judge faulted the state's
PC-Crash expert witness for not accounting for multiple impacts in the crash
and the changing dimensions and angles inside the vehicle. (State
v. Sipin)
[7/05] |
Manitoba, Canada |
Cody Klyne |
Sept 4, 2006 |
Cody
Klyne was convicted of dangerous driving and flight from police. His
conviction was based on the eyewitness testimony of two police officers who
only momentarily saw the car's driver. In Aug. 2007, the Manitoba
Court of Appeal ruled that the officers' identification was too unreliable
to support Klyne's conviction, and overturned the conviction. (Winnipeg
Free Press) (R.
v. Klyne) [1/08] |
Mexico |
Rivera & Calderón |
Jan 24, 2002 (Ensenada) |
Francisco Rivera Agredano and his
brother-in-law, Alfonso Calderón León were convicted of drug trafficking after 37 pounds of marijuana
was found in the door of a Nissan Pathfinder SUV that Rivera was driving.
Calderón was a passenger. The two were stopped at a checkpoint near
Ensenada, which is more than 70 miles from the U.S. Border. Rivera, a
Tijuana printer, had bought the
car four months before for $2,600 at a U.S. government auction in San
Ysidro, CA. It had previously been seized when 59 pounds of
marijuana was found inside its gasoline tank.
Rivera had
crossed the U.S.-Mexican border five times without incident after he bought
the car. Under Mexican law the two men were presumed guilty. They were convicted after a Mexican judge rejected their claim that U.S.
customs did not thoroughly search the car. The two were sentenced to five
years in prison. The U.S., not only ignored their pleas for help, but
fought to keep exonerating evidence from their attorneys. After a year
in prison, the convictions of the two were vacated after Rivera's lawyer was
able to convince a Mexicali appeals court that the moldy marijuana found
inside the Pathfinder was too old to be of resale value.
Rivera was later
awarded $551,000 in a suit against the U.S. government, and may get an
additional sum for costs incurred by his U.S. lawyers. Calderón could
not sue because because of a U.S. Supreme Court precedent barring lawsuits
against the federal government for incidents arising outside the U.S.
U.S. District Judge Emily Hewitt ruled that she did not know how customs
missed the contraband, but she rejected the claim advanced by Rivera's
lawyers that the Customs Service does not thoroughly search vehicles because
doing so could cause damage them and decrease their resale value. In legal
documents, U.S. attorneys said the government did nothing wrong and that the
onus is on the buyers to make sure the cars are drug free. According
to Teresa Trucchi, attorney for Rivera and Calderón, “I don't think 'as is'
to the normal consumer means, 'If I buy it and it's stuffed full of drugs
that I'm unaware of and I get arrested, that's my problem.'” (SD
Union-Tribune) (CBS)
[10/08] |
Australia (WA) |
John Button |
Feb 10, 1963 |
John Button was convicted of manslaughter in 1963 for allegedly driving his
car into his girlfriend, Rosemary Anderson, as she walked by the side of the
road. Button was exonerated in 2003 after new evidence indicated
serial killer Eric Edgar Cooke was Anderson's likely killer. (IPWA)
(Button
v. The Queen 2002) (Button
v. The Queen 2001) |
|