Wrongly Convicted Database Record
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Charge: |
"Child Pornography (Possession, Manufacture, or Dissemination)" |
Sentence: |
3 yrs and 4 months |
Years Imprisoned: |
1 |
Year Crime: |
2016 |
Year Convicted: |
2019 |
Year Cleared: |
2020 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Ontario |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Daniel Adler was wrongly convicted in 2019 of possession of child pornography, making child pornography, and sexual assault in Ontario, Canada. Adler was arrested on August 16, 2016 at the Canadian National Exhibition after being informed by a woman that she had seen a man (later identified as Adler) filming up the skirt of a young woman using a camera concealed in the head of a stuffed owl. When Adler was arrested the police seized a video camera, an iPod Touch, and a laptop that were in his possession. The video camera did not have a memory card, and the police believed he had removed it and swallowed it -- because they had observed him apparently swallowing something. The trial judge denied Adler's motion to suppress all the evidence the police collected incident to his arrest. After his conviction by a jury the judge sentenced Adler to 40 months in prison. Adler appealed. On April 8, 2020 the Ontario Court of Appeal quashed Adler's convictions and ordered his acquittal based on reckless disregard by the police for his constitutional rights following his arrest. The unanimous three-judge panel ruled their was insufficient evidence to sustain his conviction because the trial judge erred in denying Adler's motion to exclude the evidence due to multiple breaches of his rights as an accused." |
Conviction Caused By: |
Violations of Adler's rights by the police. |
Innocence Proved By: |
"On April 6, 2020 the Ontario Court of Appeal quashed Adler's convictions and ordered his acquittal based on reckless disregard by the police for his constitutional rights following his arrest. The unanimous three-judge panel ruled their was insufficient evidence to sustain his conviction because the trial judge erred in denying Adler's motion to exclude the evidence due to multiple breaches of his rights as an accused." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
31 |
Age When Released: |
32 |
Sex: |
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Skin/Ethnicity: |
White |
Information Source 1: |
"In R. v. Adler [2020] ONCA 246 (Ontario Court of Appeal, 4-20-2020) (Ordering Adler's acquittal based on insufficient evidence because the trial judge erred in not granting motion to suppress illegally seized evidence.)" |
Information Location 1: |
https://www.ontariocourts.ca/decisions/2020/2020ONCA0247.pdf |
Information Source 2: |
"In R. v. Adler [2020] O.J. No. 1493 (Ontario Court of Appeal, 4-20-2020) (Ordering Adler's acquittal based on insufficient evidence because the trial judge erred in not granting motion to suppress illegally seized evidence.)" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org