Wrongly Convicted Database Record

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James S Anderson

Years Imprisoned:

4.5

Charge:

Robbery (includes armed robbery)

Sentence:

17 years

Year Convicted:

2005

Year Cleared:

2008

Location of Trial:

Washington

Result:

Judicially Exonerated Released

Summary of Case:

Wrongly convicted in 2005 of the robbery of a Safeway store in Tacoma, Washington on April 8, 2004. The prosecution's case was based on the clerk's identification of James S. Anderson from a photo-lineup, and two of the robbers who in exchange for reduced charges identified Anderson was the third robber. The jury rejected Anderson's alibi defense that on the day of the robbery he was in Los Angeles and had met with his probation officer. The LA County Probation office refused to provide Anderson with records of his meetings with his probation officer from the time he was released from the LA County Jail on April 6 to an April 12 meeting with his probation officer, even though a condition of his release was to meet with his probation officer within 24 hours of his release. So the only coroboration of his alibi was from his girlfriend who testified he was in LA on April 8. Anderson was sentenced to 17 years in prison. In 2008 the Innocence Project Northwest became interested in Anderson's case and was able to obtain information from LA county that on April 7, 2004 he met with his probation officer at 4:46 p.m., less than 12 hours before the robbery. Based on the new evidence a motion for a new trial was filed, and in early December 2008 a three-judge panel of the Washington Court of Appeals overturned Anderson's conviction the basis of insufficient evidence and ordered his release. Anderson was released on December 25, 2008. From the time of his arrest in California in July 2004 Anderson was wrongly incarcerated for 4-1/2 years.

Conviction Caused By:

Erroneous eyewitness identification by a Safeway employee from a photo line-up, and the perjurious testimony of two of the robbers identifying Anderson in exchange for reduced charges.

Innocence Proved By:

In early December 2008 a three-judge panel of the Washington Court of Appeals overturned Anderson's conviction the basis of insufficient evidence and ordered his release.

Defendant Aided By:

Innocence Project Northwest

Compensation Awarded:

Was Perpetrator Found?

Age When Imprisoned:

27

Age When Released:

31

Information Source 1:

In re Pers. Restraint of James S. Anderson, No. 37073-5-h (WA Ct of Appeals 12-11-08)

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Information Source 2:

Despite being cleared, man still in prison, By Gene Johnson (AP), The Seattle Times, December 24, 2008

Information Location 2:

http://seattletimes.nwsource.com/html/localnews/2008555167_prisoner24.html

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