Wrongly Convicted Database Record

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Amine Baba-Ali


Years Imprisoned:

2

Charge:

Rape

Sentence:

Year Convicted:

1989

Year Cleared:

1992

Location of Trial:

New York

Result:

Judicially Exonerated Released

Summary of Case:

"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:

Conviction reversed by the NY State Court o Appeals

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Found?

Age When Imprisoned:

33

Age When Released:

36

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

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