Wrongly Convicted Database Record

 

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Marvin L. Barber

 

Charge:

Drug Related (Possession or sale)

Sentence:

17-1-2 years

Years Imprisoned:

3

Year Crime:

2004

Year Convicted:

2007

Year Cleared:

2010

U.S. State or Country of Crime:

Oklahoma - Federal Case

County or Region of Crime:

Tulsa

City of Crime:

Tulsa

Result:

Judicially Exonerated Released

Summary of Case:

"Marvin L. Barber was wrongly convicted in 2007 of possession with intent to distribute cocaine, unlawful possession of a firearm by a previously convicted felon and possession of a firearm in furtherance of a drug-trafficking crime. Barber's conviction was based on the testimony of Tulsa, Oklahoma police officers. Barber was sentenced in December 2007 to 17 1/2 years in prison. On December 18, 2008 the U.S. Court of Appeals for the 10th Circuit ruled that the three issues raised in Barber's appeal were not meritorious and affirmed his conviction. (USA v Barber, No. 07-5183 (10th Cir., 12-18-2008) After Barber's conviction a federal investigation of the Tulsa PD was begun that discovered police officers had falsified reports, testified falsely, or fabricated evidence in dozens of cases. Barber's was one of those cases, and on or about August 10, 2010 his conviction was vacated and he was ordered released from federal prison. On April 25, 2012 Barber filed a federal civil rights lawsuit that named the Tulsa PD and three police officers as defendants. The lawsuit alleged that two officers gave false testimony at his trial about a nonexistent confession by Barber, and failed to disclose that another man admitted that the drugs and firearm belonged to him."

Conviction Caused By:

Perjurious testimony by two Tulsa PD officers.

Innocence Proved By:

"On or about August 10, 2010 his conviction was vacated and he was ordered released from federal prison."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

43

Age When Released:

46

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Man claims in lawsuit that Tulsa officers violated his rights, by David Harper (staff), Tulsa World, April 26, 2012"

Information Location 1:

http://www.tulsaworld.com/news/article.aspx?subjectid=443&articleid=20120426_14_A13_Amanwh193963

Information Source 2:

"Barber v. Henderson et al, No. 4-2012cv00239 (DC Northern Dist OK), 4-25-2012"

Information Location 2:

http://dockets.justia.com/docket/oklahoma/okndce/4:2012cv00239/32967/

Information Source 3:

"USA v Barber, No. 07-5183 (10th Cir., 12-18-2008)"

Information Location 3:

http://ca10.washburnlaw.edu/cases/2008/12/07-5183.pdf

Information Source 4:

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

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