Location |
Defendant(s) |
Date of Alleged Crime |
Harris County, TX |
Frances Newton |
Apr 7, 1987 |
Frances Elaine Newton
was sentenced to death for the of murders of her husband and two children.
The husband, Adrian Newton, was found shot to death in the family's
apartment along with
the couple's two children, Alton, 7, and Farrah, 1. The
apartment was located at 6126 West Mount Houston Road, Houston, Texas. Less than
a month before the murders, Frances purchased a $50,000 life insurance policy
on Adrian and forged his name to complete the deal. She also purchased
a separate $50,000 policy on Farrah. At the time of the murders both Frances
and Adrian were seeing other people.
Read More by Clicking Here
|
Tarrant County, TX |
Richard Jones |
Feb 19, 1986 (Fort Worth) |
Richard Wayne Jones was convicted of the abduction and murder of Tammy
Livingston. Around 7:30 p.m. on Feb. 19, 1986 witnesses Ruthie Amato and her two daughters watched
as
Livingston was abducted from a Michael's store parking lot in Hurst, Texas.
Between 9:20 p.m. and 9:45 p.m. the same night, a witness named Robert
Speights heard screams coming from a field at 4600 Randol Mill Road in Fort
Worth. At 11:20 p.m. a fire was reported in the field. When
police responded they found Livingston's body. She had been stabbed 19
times.
Read More by
Clicking Here |
Bexar County, TX |
Kia Johnson |
Oct 29, 1993 (Balcones Hts) |
Kia Levoy Johnson was sentenced
to death for the shooting murder of William Matthew Rains. Rains, a
store clerk was shot during a 2:45 a.m. robbery of a Stop 'N Go convenience
store at 3309 Hillcrest Dr. in Balcones Heights, Texas. The assailant
was unable to open the cash register and took it with him. The
details of the crime were captured on video by a store security camera.
Read More
by Clicking Here
|
Jackson County, MO |
Byron Case |
Oct 22, 1997 |
Byron Christopher Case was
convicted of the murder of 18-year-old Anastasia WitbolsFeugen. He was
sentenced to life imprisonment without parole. On the night of her
murder, Anastasia had been with her boyfriend, Justin Bruton, 18, and
another couple, Byron Case, 18, and Kelly Moffett, 15. The four had
met at around 8:30 p.m. According to Byron and Kelly, Anastasia was
angry at being picked up three hours late, got into an argument with Justin,
and soon left the vehicle at a stoplight. Anastasia was found shot
dead at 3:45 a.m. that night in a nearby cemetery. The cemetery was
adjacent to a presumably bad neighborhood that contained adult book stores. Justin never talked
to the police and less than 48 hours
later, he was found shot dead 30 miles away from a self-inflicted
gunshot blast to the head.
Read More by
Clicking Here
|
Cameron County, TX |
San Benito Three |
Dec 23, 1984 |
Davis Losada, Jose “Joe”
Cardenas, and Jesus “Jesse” Romero were convicted of the rape and murder of
15-year-old Olga Lydia Perales. Losada and Romero were sentenced to
death while Cardenas was given life imprisonment. Perales had been
found Dec. 24, 1984 in the brush on the outskirts of San Benito, Texas.
She had been bludgeoned 10 to 20 times about the head and shoulders and
stabbed twice in the chest after her death. Two weeks later on
Jan. 8, Rafael Levya, Jr., age 16, told his probation officer he knew who
killed Perales. Leyra initially stated he had only seen the murder,
but he would eventually admit involvement.
Read More by
Clicking Here |
Harris County, TX |
Robert Drew |
Feb 21, 1983 |
Robert Nelson Drew was convicted of the murder of 17-year-old Jeffrey Mays.
In Feb. 1983, Mays went traveling with his high school friend, Bee Landrum,
in Landrum's 1973 Maverick. Both were
runaways with alcohol and drug problems. While traveling, the two
picked up numerous hitchhikers along the way to obtain gas money. In
Lafayette, LA they picked up Drew, then 23, and a man named Frank.
Mays and Landrum agreed to drive the men thirty miles east to Franklin, LA.
Drew assumed driving duty within 4 blocks of his pick-up point, but got
stuck in the mud while crossing a highway median to make a U-turn. In Franklin, Frank
bought pizza and beer for everyone, filled Landrum's car with gas, and gave
Drew $65. Mays and Landrum agreed to take Drew to Houston in exchange
for more gas money.
Read More by Clicking Here |
Elkhart
County, IN |
Edgar Garrett |
1995 (Goshen) |
“Police in Goshen, Indiana
persuaded Edgar Garrett that he killed his daughter, Michelle, who had
mysteriously disappeared. During fourteen hours of interrogation,
Edgar Garrett gave an increasingly detailed confession describing how he
murdered his daughter, whose body had not yet been found. No
independent evidence linked him to the crime or corroborated his confession.
At the same time, his post-admission narrative contradicted all the major
facts in the case. Edgar Garrett confessed to walking into a park with
his daughter through new-fallen snow, bludgeoning her with an axe handle at
a river's edge, and dumping her body in the river. However, the police
officer who arrived first at the crime scene did not see footprints in the
snow-covered field at the entry to the park but, instead, saw tire tracks
entering the park, bloody drag marks leading from the tire tracks to the
river's edge, and a single set of footprints going to and returning from the
river. Obviously, someone had unloaded Michelle Garrett's body from a
vehicle and dragged it to the river, but Edgar Garrett did not own a car and
no evidence was ever developed that he had access to one that day.
Michelle Garrett's coat was recovered from the river separately from her
body and had no punctures, suggesting that she had been killed indoors and
transported to the river bank.”
“Edgar Garrett's
confession regurgitated the theory the police held at the time of the
interrogation: that his daughter had been clubbed to death. Weeks
later, when Michelle Garrett's body was recovered, police learned that she
had been stabbed thirty-four times; that her body showed no evidence of
significant head trauma; and that the axe handle Edgar Garrett confessed to
club her with showed no traces of her hair or blood. At trial, the
jury acquitted Edgar Garrett.” –
Leo &
Ofshe |
Deschutes County, OR |
Robert Hernandez |
2008 |
Robert Hernandez was convicted in
2009 of child abuse charges against a 6-year-old
girl and sentenced to 31 years in prison. Hernandez lived with his
girlfriend Tamara Denetclaw. The alleged victim was Denetclaw's cousin
whom the couple had been raising since the child was 2. The couple
raised the child because her mother lived on the streets and couldn't take
care of her. The mother was also legally married to a registered sex
offender and there are two registered sex offenders on her side of the
family. When the child was 6 the mother decided she wanted her back.
Since Hernandez and Denetclaw did not have custody, they had to comply.
Many weeks later the mother brought back the child back saying she couldn't
take care of her.
At an interview at the Kids Center, a child abuse
organization, the child reportedly gave a taped statement that she was
abused. The Center sent the child home with Hernandez. They
later claimed they did not know what else to do. The Center also told
the child's mother what was said, but never mentioned Hernandez. They
later claimed that they did not tell her Hernandez was the abuser because
they were afraid the mother would beat Hernandez up.
The Kids Center told the mother they taped a medical evaluation of her
child. They had her sign a paper saying they would not use their
child's statement for teaching purposes and that the reason they taped her
child was so that her child would not have to testify in court.
However, at Hernandez's trial, the Kids Center claimed that they did not
tape the child; that it is not their policy to tape medical evaluations; and
that they took notes. But when asked to see the notes, they said they
did not keep them; they shredded them. The child testified for two
days, but never mentioned Hernandez.
The medical examiner said he could not diagnose or confirm any
abuse. Hernandez gave a confession to the alleged charges which he
contends was coerced. A psychologist testified that Hernandez tested
in the 95 percentile of being a person who says what people want to hear.
The psychologist was the only trial witness the defense was allowed to call.
The District Attorney, Mike Dugan, was one of the founders of the Kids
Center. Dugan was voted out of office in 2010 and the new DA fired the original prosecutor in the case. (Source: Relative of Hernandez) [2/11]
|
England (Hove CC) |
Sheila Bowler |
May 13, 1992 (East Sussex) |
Sheila Bowler was convicted of
murdering her late husband's 89-year-old aunt, Florence Jackson. While
Bowler was driving Jackson one night, a tire on her car became deflated and
Bowler stopped on Route A259 near Station Road in Winchelsea. She left
Jackson in the car and went to seek help. She knocked on the door of a residence
and met a Mr. Soan, who she vaguely knew, and used his telephone to call
for roadside assistance. When she came back to her car with Mr. and
Mrs. Soan, Jackson was missing. In the search for Jackson that
followed, Bowler told others not to look far away, as she did not think
Jackson was mobile enough to have wandered very far. Jackson's
body was found the next day 600 yards away in the River Brede. She had
drowned.
Read More by
Clicking Here
|
Berrien County, MI |
Maurice Carter |
Dec 20, 1973 (Benton Harbor) |
Maurice Carter was convicted of
the attempted murder of Thomas Schadler, an off-duty Benton Harbor police
officer. Schadler was shopping with his wife at the Harbor Wig and
Record Shop on East Main Street in Benton Harbor when a man suddenly and
without provocation pulled a .22-caliber pistol and shot him six times.
There were twelve eyewitnesses to the crime.
Read More by Clicking Here |
Wales (Cardiff CC) |
Cardiff Three |
Feb 14, 1988 |
“Yusef Abdullahi, Tony Paris, and Stephen Miller
[were dubbed by the media as] the Cardiff Three. Twenty-year-old prostitute Lynette White was murdered
on Valentine's Day in 1988 by being stabbed more than 50 times. Stephen
Miller was the boyfriend and pimp of Ms. White. Miller was coerced into
falsely confessing to the murder of Ms. White after 13 continuous hours of
being shouted at and threatened by police interrogators. His false
confession implicated his two codefendants who were likewise innocent. Once
he confessed, the police stopped investigating promising leads that may have
led to the killer. The three men were convicted in 1990 and sentence to life
in prison. The convictions of all three codefendants were quashed by
England's Court of Appeal in 1992 and they were released after 4 years in
custody.”
“Six years after their release journalist Satish Sekar, who had
aided in the release of the men, published a book about the case -- ‘Fitted
In - The Cardiff Three and the Lynette White Inquiry.’ As a result of the
information in the book Ms. White's murder case was re-opened in June 1999. In 2003 DNA testing of crime scene evidence identified Jeffrey Gafoor
[as] Ms.
White's murderer. Gafoor was one of Ms. White's clients. He pled guilty to
her murder in 2003 and was sentenced to life in prison. In December 2008
three witnesses who gave false evidence at the trial of the Cardiff Three
were jailed for 18 months after pleading guilty to perjury. In March 2009
two more witnesses at the trial were charged with perjury, and 13 police
officers involved in the original investigation of the murder were charged
with perverting the course of justice for their actions that amounted to
framing the three innocent men for the crime.” –
FJDB (Innocent) |
San Mateo County, CA |
George Franklin |
Sept 22,
1969 |
“In January 1989, Eileen
Franklin-Lipsker was playing with her young daughter, Jessica, and as the
child turned toward her, a memory of another girl in just such a pose sprang
into Franklin-Lipsker's mind. The memory was of her childhood best friend,
eight-year-old Susan Nason, being raped and killed by Franklin-Lipsker's
father nearly 20 years earlier.”
Read More
by Clicking Here |
Oneida County, NY |
Steven Barnes |
Sept. 18, 1985 |
Steven Barnes was convicted in
1989 of the rape, sodomy, and murder of 16-year-old Kimberly Simon.
Barnes was identified near his pickup truck about 6 p.m. on Sept. 18, 1985.
The truck was parked adjacent to Mohawk St. in Whitesboro, NY.
Simon was seen walking along Mohawk St. and was also seen in a pickup truck
which was about to enter Mohawk St. No witness could say with
certainty that Barnes and Simon were together, nor could any witness say
Barnes had ever met Simon. The following day Simon's dead body was
found near a gravel pit off of Mohawk St.
Forensic testing
revealed that hairs found in Barnes's truck were similar to those of Simon,
soil samples from his truck were similar to those taken from the place where
her body was found, and an imprint in dirt, lifted from the fender of
Barnes's truck, was consistent with the fabric of the jeans worn by Simon at
the time of her death. Additionally, Robert Stolo, an inmate at the
Oneida County Jail, contended Barnes made an admission of guilt him.
According to Stolo, when he, Barnes, and another inmate were discussing
“some girls,” Barnes said, “You mean the one I killed” and then said “I mean
the one I am accused of killing.” Barnes was exonerated of the crime
in 2009 after DNA tests proved his innocence. (People
v. Barnes) (IP)
[2/11] |
Harris County,
TX |
Robert Justin Kaupp |
Jan 13, 1999 |
Robert Justin
Kaupp was
convicted of murder and sentenced to 55 years of
imprisonment. On Jan. 13, 1999, 14-year-old Destiny Thetford
disappeared from her home in suburban Houston. Kaupp, 17, was a close
friend of Nicholas Thetford, Destiny's 19-year-old half-brother. Kaupp went with
the family to report Destiny missing. He later helped pass out flyers
in the neighborhood and joined in searches for her.
Police later learned that
Nicholas had a sexual relationship with his half-sister and he and Kaupp
were together on the day Destiny disappeared. On Jan. 26, police
questioned Kaupp and gave him a lie detector test which he passed.
Kaupp was cooperative and police let him go. Nicholas was also
questioned and given lie detector tests, which he failed three times.
Eventually Nicholas told police that he was angry that Destiny ended their
relationship and that he stabbed her to death and placed her body in a
drainage ditch. He also implicated Kaupp in the stabbing and the
hiding of the body.
Police did not seek to obtain a
formal arrest warrant for Kaupp, as they did not believe that they had
probable cause for one. Instead, using Nicholas's statements as evidence, they
sought a pocket arrest warrant from the district attorney's office, but it
was denied. Nevertheless, police behaved as though
they had a warrant and six police cars arrived at Kaupp's home at 3 a.m. on
Jan. 27. After Kaupp's father allowed officers entry, they awoke Kaupp
with a flashlight. A detective identified himself and told Kaupp, “We
need to go and talk.” To which Kaupp replied, “Okay.” Police
then placed handcuffs on Kaupp and led him, shoeless and dressed only in
boxer shorts and a T-shirt, out of his house and into a patrol car. No
evidence indicated that Kaupp was told that he was free to decline to go
with the officers.
At the police
station Kaupp denied any
involvement in the victim's disappearance, but 10 or 15 minutes into his
interrogation, after being told of the brother's confession, he admitted
having some part in the crime. He did not, however, acknowledge
causing the fatal wound or confess to murder, for which he was later
indicted.
In 2003 the
U.S. Supreme Court ruled that Kaupp's confession had been coerced as it
was the product of an illegal arrest. A Texas
Court of Appeals then overturned his conviction. Since his
alleged confession could not be used against him at a retrial,
the charges against Kaupp were dropped. [2/11]
|
San Francisco County, CA |
Chol Soo Lee |
June 3, 1973 (Chinatown) |
“In 1974, Chol Soo Lee was
convicted of the first degree murder of Yip Yee Tak with the use of a
firearm and was sentenced to life in prison. The case was tried in
Sacramento after a change of venue from San Francisco. Prosecutors
relied on two eyewitnesses who saw the murder, which took place on a
Chinatown street corner in San Francisco on June 3, 1973, and on the
testimony of a third witness who saw someone fleeing the scene just after
the shooting. After suggestive procedures were used by police and
prosecutors, including hypnotizing one witness, all three witnesses
identified Lee in a police line-up. Based on this eyewitness
testimony, Lee was convicted.”
“In 1977, writer
K.W. Lee wrote a series of articles that cast doubt on the validity of Lee’s
conviction. The articles garnered significant media coverage of the
case and generated a community movement in support of Chol Soo Lee.”
“In October
1977, Lee was charged in San Joaquin County Superior Court with the first
degree murder of fellow prisoner, Morrison Needham, which occurred during a
prison brawl. The 1974 murder conviction was alleged as a special
circumstance making Lee eligible for the death penalty. He was
convicted and sentenced to death. Lee maintained that he committed the
prison killing in self-defense.”
“In 1978, the
Sacramento Superior Court agreed to review the 1974 murder conviction.
At this hearing, lawyers for Lee revealed that an additional witness, Steven
Morris, had come forward the day after the shooting and told police that he
had seen the murder and that Lee was not the assailant. The court
ruled that this crucial evidence had been withheld from the defense, and
overturned Lee’s conviction. In 1980, the
Court of Appeals of California for the 3rd Appellate District affirmed
the lower court’s decision.”
“In 1982, Lee
was retried for the murder of Tak and was acquitted. In 1983, the
Court of Appeals for the 3rd Appellate District reversed Lee’s conviction
and death sentence for the prison murder, citing false testimony of a prison
informant and improper jury instructions that were given during the penalty
phase of the trial. Two months later, San Joaquin County Superior
Court Judge Peter Seires ordered Lee released. Prosecutors then moved
to retry Lee on the prison killing charge. Chol Soo Lee, who had
served nearly ten years in prison, agreed to plea to a significantly lesser
charge that gave him credit for the time served and he was freed from
prison.” –
DP Focus |
Alameda
County, CA |
Huey P. Newton |
Oct 28, 1967 |
“Before any evidence was heard,
many Americans believed that Huey P. Newton, co-founder and ‘minister of
defense’ of the Black Panther Party, had murdered a police officer in cold
blood. Others were equally certain that the charge was a trumped-up
attempt to crush the militant Black Panther Party.”
Read More by
Clicking Here
|
Kings County, NY |
Vincent Rivers |
Sept 16, 1978 |
“Vincent Rivers was convicted of murder in the second degree in a Kings
County retrial in [Nov. 1979], following [a hung jury mistrial]. He
was sentenced to twenty-five years to life in prison. [The victim,
Dutch Reid, was shot and killed at 2080 Nostrand Ave. in Brooklyn.] A
third trial ended in a mistrial. A fourth trial [in 1983], at which
Rivers was again convicted of murder, was reversed because of numerous
prejudicial errors by the trial court. On July 17, 1986, following a
fifth trial, Rivers was acquitted on all counts.” –
Inevitable Error (1981
Reversal) (1985
Reversal) (91)
(94) |
Westchester County, NY |
Luis Marin |
Dec 4, 1980 |
“Luis Marin was convicted in Westchester County of twenty-six counts of
murder arising from a [fire at a Stouffer’s Inn in Harrison, NY.]
Marin successfully moved the trial court for a post-verdict order dismissing
the indictments based on insufficiency of the trial evidence. The
prosecution appealed. The
Appellate Division and
Court of Appeals upheld the trial court order of dismissal. It was
held that having an empty gasoline container and siphon in his car were
insufficient facts to support the inference that Marin had set the fire.
In sum, the evidence presented at trial was simply insufficient to sustain
the charges. ‘[T]he loss of life at the Stouffer’s Inn fire was a
tragedy of staggering proportion ... However, the tragedy would be
compounded by the conviction and imprisonment of a person whose criminal
responsibility for that tragedy has not been proven.’” –
Inevitable Error |
New York County, NY |
José Carrasquillo |
Mar 29, 1983 |
“José Carrasquillo was convicted of second-degree manslaughter in New York
County on December 17, 1986. [The victim, Dominick Barberi, was
assaulted outside the La Fontaine Boutique on Sixth Avenue near 21st
Street.] The prosecution charged that Carrasquillo had inflicted a
fatal blow upon the victim, who was apparently shoplifting from the boutique
where the defendant worked. The victim died two days after the attack.
The
Appellate Division reversed the conviction on April 21, 1988, and
ordered the indictment dismissed. The court held that the evidence was
insufficient to establish that Carrasquillo, rather than his accomplice, had
struck the fatal blow.” –
Inevitable Error |
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 |
Bronx County, NY |
Georgino Borrero |
May 8, 1982 |
“Georgino Borrero, a [drug] store security guard, was convicted of criminally
negligent homicide in Bronx County on July 6, 1983, in the shooting death of
John Johnson. [The shooting occurred near the store located at 1500
Metropolitan Ave.] On appeal in 1986, the
Appellate Division found that,
after Johnson pulled a gun on him, Borrero had left the store to find a
police officer and fired only when Johnson advanced toward him with a gun
and assumed a ‘combat stance.’ The court found that Borrero had ‘acted
entirely reasonably.... [His] conduct was that of a responsible citizen.’
His conviction was reversed and the indictment dismissed.” –
Inevitable Error |
Bronx County, NY |
Boone & Cleveland |
Convicted 1973 |
“[Larry Boone and Arthur
Cleveland were] convicted of murder in Bronx County on December 6, 1973.
[Boone's] conviction was reversed on July 15, 1975, because the prosecutor
had failed to disclose crucial exculpatory evidence. On remand, the
trial court dismissed all charges because the detective’s notes had been
lost and because witnesses favorable to the defense (whose identities were
not revealed by the government at the time of trial) were no longer
available, and because there was no proof of Boone’s criminal intent other
than his mere presence at the scene. The Court of Claims granted Boone
summary judgment on his wrongful imprisonment compensation claim. He
had been sentenced to twenty-five years to life in prison, and had served
nearly two years before being released.”
“[Cleveland] was
sentenced to twenty years to life in prison. His conviction was
reversed in 1975 on the authority of People v. Boone, on the grounds that
the prosecutor had unconstitutionally failed to disclose crucial exculpatory
evidence. The trial court on remand dismissed all charges.
Cleveland had been imprisoned for four and one-half years.” –
Inevitable Error (People
v. Boone) (People
v. Cleveland) |
New York County, NY |
Bryan Blake |
Aug 2, 1985 |
“Bryan Blake was convicted of second-degree murder in New York
County on December 5, 1985. The conviction was reversed on July 14,
1988, on the grounds that both defendant’s videotaped statement, containing
improper remarks by the prosecutor, and photographs of the victim’s body,
which were shown to the jury during trial, were unduly prejudicial.
Blake had been sentenced to twenty-five years to life in prison. The
jury which heard the case on retrial acquitted him after ninety minutes of
deliberation. ‘It wasn’t even close,’ said one juror. Said
another: ‘We felt they had no case ... [W]e were surprised it got to the
grand jury. It’s incredible what can happen to people, to be dragged
into court with such a little bit of evidence.’ Blake had served over
three years on the wrongful conviction.” – Inevitable Error (People
v. Blake) |
Monterey County, CA |
Lorenzo Nuñez |
Nov 16, 1994 (Salinas) |
“A jury convicted Lorenzo Nuñez
of murder for supplying rifles used in a gruesome slaying, even though scant
evidence showed Nuñez knew of the assailants’ intent. The 6th District
Court of Appeal upheld the conviction, but a federal judge overturned it
because the jury was shown a videotape in which police lied to Nuñez about
the strength of the evidence.”
Read More by Clicking Here |
Santa Clara County, CA |
Darcius Butler |
2001 (San Jose) |
“Just one month out of prison,
Darcius Butler was arrested and then convicted on robbery charges, although
the evidence was thin. Two years later, an appellate panel overturned
the conviction because the prosecution twice indicated that Butler was on
parole – despite a judge’s order not to do so.”
Read More by
Clicking Here
|
Santa Clara County, CA |
Daniel Aleman |
Apr 12, 1994 (San Jose) |
“Daniel Aleman was convicted of
carjacking after a judge promised to review evidence of the crime that
surfaced during a closed-door juvenile hearing and then said the evidence
didn’t help Aleman’s case. The 6th District Court of Appeal reversed the
conviction after discovering the judge could not have reviewed the hearing
transcript because it did not exist.”
Read More by Clicking Here |
Salt Lake County, UT |
Joe Hill |
Jan 10, 1914 |
“Just before 10 pm on the night of
10 January, 1914, John Morrison, a Salt Lake City, Utah, grocer and a former
policeman, was closing his store with his two sons, Arling and Merlin.
Two men wearing red bandannas forced their way into the store. One of
the intruders shouted 'we've got you now', levelled a handgun and shot
Morrison. Arling Morrison grabbed his father's old service revolver
and fired two shots at the masked men, who returned fire and fled the scene.
Merlin, the younger child, stayed hidden in the back of the store.”
Read More
by Clicking Here
|
City of Norfolk, VA |
Kenneth Holland, Jr. |
June 17,
1948 |
Kenneth Raymond Holland, Jr., a former police officer, was convicted of the
murder of Charles Everett Utt. Utt was found three miles from his
residence bludgeoned with a hatchet in the back seat of his automobile.
Police determined that Utt was killed in a lane in the rear of his
residence. Holland had been going out with Utt's wife. The
relationship was known by her husband and had continued for years.
Blood was found on clothes owned by Holland, but none of the blood was found
to be of Utt's blood type. Holland maintained the blood came from a
fight with a third party. A witness placed Holland at a beer tavern
more than a mile from the the scene of the murder on the night of its
occurrence. No other evidence of any significance was presented.
On appeal in 1949, an appeals court overturned Holland's conviction after
finding the evidence against him was insufficient to support it. In
1950 Holland was acquitted at retrial. (Holland
v. Com.) (MJ) [1/11] |
Macomb County, MI |
Louis Abraham Nasir |
May 1965 (Warren) |
“Louis Nasir was once arrested
for commission of a crime as the result of mistaken identification.
Although no charges were brought his picture was taken and found its way
into the ‘mug book.’ Several years later in May of 1965, a bandit
wearing wraparound sunglasses and a straw hat held up a credit union in
Warren and escaped with almost $5,000.00. There were three witnesses,
the manager, an employee named Dimples Anderson and a credit union customer.
On the afternoon of the robbery the manager and Dimples were unable to
select anyone from a mug book and were unable to select anyone from a lineup
in which Louis Nasir was not present. The day after the robbery the
manager and the employee picked Nasir from a mug book and also picked him in
a one-man ‘show-up’ from behind a one-way glass. On the following
Monday all three witnesses picked Nasir from a lineup that did not appear
unfair in itself from the record, absent any prior suggestion in the one-man
photo show-up or any suggestion that may have occurred in the use of
photographs.”
“Nasir was tried
for robbery and the sole issue was identification. Despite the
testimony of six witnesses who said they saw Nasir at work the day of the
robbery, the jury believed the identification testimony of the credit union
manager, Dimples Anderson and the customer and returned a verdict of guilty.
Nasir was sentenced to serve 7 to 20 years in prison.”
“The
court-appointed attorney who was to prosecute the appeal was convinced of
Nasir’s innocence and enlisted the aid of the two detectives who helped
convict Nasir. Working together, the three men found the man who
confessed to being an accomplice to the crime. The real robber, who
resembled Nasir, had been shot to death in February, 1966. A friend of
the dead man, who was serving time in Jackson, corroborated the story by
revealing that the crime had been admitted to him before the death of the
real culprit.*”
“An hour after
Nasir took lie detector tests he was freed on bond pending a new trial and
the charges were dismissed on motion of the prosecutor. Nasir had
spent 375 days in prison.” – P v A
*The credit union
customer turned out to be involved in the robbery and admitted his perjured
testimony. However, this witness had no impact or contact with the
other two witnesses who made their ‘positive’ and unshakable identifications
3 times before the customer was even available to view a lineup. |
Wayne County, MI |
Charles Lee Clark |
Nov 23, 1937 (Hamtramck) |
“On November 23, 1937, three men held up a clothing
store in Hamtramck. The owner was shot and killed. The owner’s daughter, who
was 21 years old at the time, went to the assistance of her father and was
slugged with a revolver by one of the robbers. Charles Clark was later
identified by the girl in a lineup as the man who shot her father. One of
the other defendants implicated Clark in an initial statement, but he and
two others said at the trial later that Clark had no part in it. Clark’s
landlady testified that he was home all that day. Nevertheless, Clark was
convicted primarily on the identification testimony of the young woman and
was sentenced to life imprisonment.”
“Clark tried for a new trial several times over the 30 years imprisonment,
but it was denied each time. Partly because Clark was an exemplary prisoner
he was offered parole by the prison authorities and later was offered a
pardon and commutation of sentence, but he turned these down because
acceptance of such terms would have been a tacit admission of guilt. At one
point in a quest for a new trial he was offered the opportunity to plead to
a lesser charge, the sentence of which would have freed him immediately. Again he refused.”
“Finally in 1968 the case was assigned to the Legal Aid & Defenders
Association of Detroit. The attorneys researched early transcripts and
discovered that the victim’s daughter, the sole identifying witness, had
originally said that she could not identify Clark as one of the bandits. In
an affidavit in support of the motion for a new trial the witness revealed
that after she said she could not identify the defendant, the Hamtramck
detectives had pointed Clark out as the guilty man before the lineup. Clark was granted a new trial in 1968 and the case was dismissed on
motion of the prosecutor.” – P v A
In 1972 the
Michigan legislature awarded Clark $10,000 for his 30 years of wrongful
imprisonment. (MJ)
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