Wrongly Convicted Database Record

 

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Demoyne Anderson

 

Charge:

Resisting Arrest

Sentence:

Years Imprisoned:

Year Crime:

2005

Year Convicted:

2008

Year Cleared:

2011

U.S. State or Country of Crime:

New York

County or Region of Crime:

Bronx

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Demoyne Anderson was wrongly convicted in June 2008 of misdemeanor resisting arrest after he was stopped for allegedly leading the police on a high-speed chase in the Bronx, New York, on January 27, 2005. Anderson's prosecution was based on NYPD Sgt. William Eiseman alleging that Anderson punched him when he was being arrested for driving a black SUV with drugs in it that crashed on the Unionport Bridge in the east Bronx. Eiseman testified that the contents of Anderson's wallet were found in the bag of drugs. Anderson testified in his defense that he had just picked up his MTA paycheck and was walking to the movies when he witnessed the SUV crash, and as he ran to help he saw a man jump out of the vehicle and run away. Anderson also stated Eiseman was lying that he struck him, saying that Eiseman ignored his assertion he was an innocent bystander and beat and pepper sprayed him without provocation. Anderson also said that Eiseman took his wallet from him. The jury convicted Anderson, even though he had no criminal history. In 2010 evidence was discovered that Eiseman lied under oath in drug cases during the same period of time as Anderson's arrest, and in 2011 he pled guilty to perjury. Anderson was also charged with with felony pot possession based on the duffel bag of marijuana in the SUV. During Anderson's first trial in June 2008 the jury couldn't agree on the drug charge, and they couldn't agree on a verdict after his second trial. Anderson's third trial was after Eiseman's dishonesty was publicly disclosed, and he did not testify as a prosecution witness. The jury acquitted Anderson. Based on the new evidence that Eiseman wasn't a credible witness Anderson's resisting arrest conviction was vacated. Anderson filed a state false arrest lawsuit against the City of New York and the NYPD, that among its claims asserted that the police didn't investigate that the SUV had Georgia plates tied to a man with a history of drug arrests. In December 2016 the lawsuit was settled for $725,000. After the settlement was announced Anderson told the New York Daily News: "It felt like ultimate vindication for me, that everything I said from day one was the truth. This could have happened to anybody walking down the street. But with the help of my family, my friends, and God, I got through it." Anderson's lawyer, Andrew Hoffman, told the Daily News that Anderson’s ordeal shows the perils of a criminal justice system rigged against the accused, and that "The presumption of innocence is, unfortunately, largely a myth." The MTA suspended Anderson while his criminal case was pending. After his exoneration of his resisting arrest conviction and Eiseman's perjury conviction, he was offered his job back, but he didn't accept the offer when an MTA arbitrator ruled that he would not get back pay for the years he was suspended."

Conviction Caused By:

Innocence Proved By:

Based on the new evidence that Eiseman wasn't a credible witness Anderson's resisting arrest conviction was vacated.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"MTA worker falsely arrested in 2005 high-speed Bronx cop chase hopes 2017 brings new opportunities, By Ben Kochman and Stephen Rex Brown (Reporters), New York Daily News, December 31, 2016"

Information Location 1:

http://www.nydailynews.com/new-york/exonerated-mta-worker-hopes-put-saga-behind-2017-article-1.2929921

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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