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Wrongly
Convicted Database
Record
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Years
Imprisoned:
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2 |
Charge: |
Rape |
Sentence: |
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Year Convicted: |
1989 |
Year
Cleared:
|
1992 |
Location
of Trial:
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New York |
Result:
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Judicially Exonerated Released |
Summary
of Case:
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"Wrongly convicted in 1989 of raping his four-year-old daughter in 1987. During their acronimous divorce, Baba-Ali's wife accused him of sexually assaulting their daughter. Baba-Ali's conviction was vacated by the NY Court of Appeals in 1992 based on the prosecutors misconduct of concealing exculpatory evidence, and ineffective assitance of counsel by Baba-Ali's lawyer who failed to call two doctors to testify at his trial who had examined the girl and determined there was no indication she had been sexually assaulted. Thirteen years after his release, the NY Court of Appeals ruled on July 5, 2005 that his suit against the State of NY could proceed because, "The claimant demonstrated that this court's reversal of his conviction was based, in part, on the ground that the judgment was procured by prosecutorial misconduct that was tantamount to fraud (see CPL 440.10[1][b]). The prosecutor's deliberate withholding of evidence which tended to exonerate the claimant constituted a "fraudulent act." Baba-Ali was wrongly imprisoned for almost three years." |
Conviction
Caused By:
|
Prosecutorial Misconduct of deliberately concealing exculpatory evidence. Ineffective assistance of counsel for his lawyers failure to call two doctors to testify who examined his daughter and found no sign of sexual abuse. |
Innocence
Proved By:
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Conviction reversed by the NY State Court o Appeals
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Defendant
Aided By:
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Compensation Awarded: |
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Was Perpetrator Found? |
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Age
When Imprisoned:
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33 |
Age
When Released:
|
36 |
Information Source 1: |
"Pain May Pay For a Jailed Dad, Newsday, July 10, 2005" |
Information
Location 1:
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http://www.nydailynews.com/news/crime_file/story/326684p-279310c.html |
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Source 2:
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Case:
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Information:
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org