Amine Baba-Ali

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Charge:	Child/Minor Sexual Assault
Sentence:	8-1/3 to 25 yrs
Years Imprisoned:	2.14
Year Crime:	1987
Year Convicted:	1989
Year Cleared:	1992
U.S. State or Country of Crime:	New York
County or Region of Crime:	Queens
City of Crime:	New York City
Result:	Judicially Exonerated Released
Summary of Case:	"Amine Baba-Ali was wrongly convicted on December 5, 1989 of rape, sodomy, sexual abuse, incest and endangering the welfare of his four-year-old daughter in 1987. During their acronimous divorce, Baba-Ali's wife accused him of sexually assaulting their daughter during visitation to his home in Queens, New York. Baba-Ali's conviction was vacated by the New York Supreme Court's Appellate Division on January 15, 1992 based on the prosecutors misconduct of concealing exculpatory medical 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. Baba-Ali's motion to dismiss the charges was unopposed by the Queens County DA's Office. 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. On March 16, 2009 the New York Court of Claims awarded Amine Baba-Ali $2,093,420 in damages as fair and reasonable compensation as a result of his wrongful conviction of rape and sexual abuse of his four-year old daughter and his confinement in prison for 783 days. The award consists of pecuniary damages in the amount of $343,420 for lost past and future earnings, and $1,750,000 in non-pecuniary damages for claimant’s mental anguish and degradation occasioned by being labeled a convicted child molester of his own four-year old daughter, for the irretrievable loss of his relationship with his daughter, for his loss of liberty to the most fearsome maximum security prison environment, and for the post-incarceration psychological damage he has been made to live with as a result of all this."
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:	"Conviction reversed by the NY Supreme Court Appellate Division on January 15, 1992, and the charges were then dismissed without opposition by the Queen's County DA's Office."
Defendant Aided By:
Compensation Awarded:	"$2,093,420 (State of New York, March 2009)"
Was Perpetrator Identified?
Age When Imprisoned:	33
Age When Released:	36
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"Pain May Pay For a Jailed Dad, Newsday, July 10, 2005"
Information Location 1:	http://www.nydailynews.com/news/crime_file/story/326684p-279310c.html
Information Source 2:	"Baba Ali v. The State of New York, 2009 NY Slip Op 29133, 24 Misc. 3d 576, (#2009-036-400, Claim No. 087328), March 16, 2009"
Information Location 2:	http://law.justia.com/cases/new-york/other-courts/2009/2009-29133.html
Information Source 3:	"Baba-Ali v State of New York, 20 AD3d 376 [2d Dept 2005]"
Information Location 3:
Information Source 4:	"People v Baba-Ali, 179 AD 2d 725, 578 NYS 2d 633 (NY Sup. Ct., 2d Dept., 1-15-1992)"
Information Location 4:	"http://scholar.google.com/scholar_case?case=18006006707770515321&q=People+v+Baba-Ali,+179+AD2d+725&hl=en&as_sdt=4,33,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"
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Amine Baba-Ali

Charge:

Child/Minor Sexual Assault

Sentence:

8-1/3 to 25 yrs

Years Imprisoned:

2.14

Year Crime:

1987

Year Convicted:

1989

Year Cleared:

1992

U.S. State or Country of Crime:

New York

County or Region of Crime:

Queens

City of Crime:

New York City

Result:

Judicially Exonerated Released

Summary of Case:

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:

"Conviction reversed by the NY Supreme Court Appellate Division on January 15, 1992, and the charges were then dismissed without opposition by the Queen's County DA's Office."

Defendant Aided By:

Compensation Awarded:

"$2,093,420 (State of New York, March 2009)"

Was Perpetrator Identified?

Age When Imprisoned:

33

Age When Released:

36

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Pain May Pay For a Jailed Dad, Newsday, July 10, 2005"

Information Location 1:

http://www.nydailynews.com/news/crime_file/story/326684p-279310c.html

Information Source 2:

"Baba Ali v. The State of New York, 2009 NY Slip Op 29133, 24 Misc. 3d 576, (#2009-036-400, Claim No. 087328), March 16, 2009"

Information Location 2:

http://law.justia.com/cases/new-york/other-courts/2009/2009-29133.html

Information Source 3:

"Baba-Ali v State of New York, 20 AD3d 376 [2d Dept 2005]"

Information Location 3:

Information Source 4:

"People v Baba-Ali, 179 AD 2d 725, 578 NYS 2d 633 (NY Sup. Ct., 2d Dept., 1-15-1992)"

Information Location 4:

"http://scholar.google.com/scholar_case?case=18006006707770515321&q=People+v+Baba-Ali,+179+AD2d+725&hl=en&as_sdt=4,33,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"

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