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Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
10 years |
Years Imprisoned: |
1.5 |
Year Crime: |
2007 |
Year Convicted: |
2008 |
Year Cleared: |
2009 |
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: |
"Larita Annette Barnes and her father, Larry Wayne Barnes Sr., were codefendants wrongly convicted in April 2008 of federal drug charges based on false evidence by Tulsa Police Department officers who alleged they made a drug buy from the Barnes in May 2007. After their convictions by a jury, Larita Barnes was sentenced to 10 years in federal prison, and Larry Barnes was sentenced to 5-1/2 years in federal prison. The Barnes were among dozens of people convicted in either federal or state court who had their convictions overturned and the charges dismissed based on a federal grand jury investigation that in 2009 uncovered evidence at least eight Tulsa police officers and a former federal agent were involved in framing defendants, and they falsified search warrants, relied on nonexistent informants, and stole drugs and money.On July 20, 2010 the federal indictment of five Tulsa Police Department officers was unsealed. The convictions of Larita Barnes and Larry Barnes were overturned and they were freed on July 2, 2009. Larita filed a federal civil rights lawsuit on August 6, 2010 that named as defendants the City of Tulsa, the Tulsa Police Department, and officers involved in her prosecution. On December 26, 2013 it was announced that Larita Barnes and the City of Tulsa agreed to settle her lawsuit for $300,000. Larry Barnes also filed a federal civil rights lawsuit that mirrored the lawsuit filed by his daughter. On January 29, 2014 it was announced that Larry Barnes and the City of Tulsa agreed to settle his lawsuit for $425,000. Larita Barnes also filed a lawsuit against the federal government alleging it was financially liable for the actions of ATF agent Brandon McFadden who acted under color of law by participating in framing her for false drug charges. On April 21, 2015 U.S. District Judge John Dowdell granted summary judgment to the federal government and dismissed Barnes' lawsuit. Judge Dowdell wrote that he sympathized with Barnes for the ordeal “she endured due to the actions of a criminal employee of the ATF and his brothers in crime," who built a false criminal case against Barnes. Judge Dowdell ruled, however, that the federal government could not be held liable for McFadden’s acts because McFadden was not acting within the scope of his employment during his handling of Barnes’ case. Dowdell wrote, "“The foregoing testimony and undisputed record in this case leads to only one conclusion: McFadden concealed his illegal activity from the ATF, and the overall conspiracy was plainly executed for the benefit of McFadden and his co-conspirators, not the United States,” Barnes lawyer said he would appeal." |
Conviction Caused By: |
"Corrupt Tulsa Police Department officers involved in falsifying search warrants, relying on nonexistent informants, and stealing drugs and money." |
Innocence Proved By: |
"Conviction vacated after discovery Tulsa Police Department relied on fake evidence for their arrest, and which was relied on for their conviction." |
Defendant Aided By: |
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Compensation Awarded: |
"$300,000 (City of Tulsa, 12-26-2013)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
31 |
Age When Released: |
33 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Police probe results dismiss 5 more cases, By Omer Gillham (staff), Tusla World (Tulsa, OK), July 3, 2011" |
Information Location 1: |
http://www.tulsaworld.com/news/local/police-probe-results-dismiss-more-cases/article_4c429510-f952-5891-8f9c-64d8c990c311.html |
Information Source 2: |
"Tulsa judge drops charges as result of probe, By Omer Gillham (staff) Tulsa World (Tulsa, OK), September 20, 2010" |
Information Location 2: |
http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20100920_11_a1_ulnsbo738575 |
Information Source 3: |
"Tulsa reaches $300,000 settlement in police-corruption wrongful imprisonment lawsuit, By David Harper (World Staff Writer), Tulsa World, December 26, 2013" |
Information Location 3: |
http://www.tulsaworld.com/homepagelatest/tulsa-reaches-settlement-in-police-corruption-wrongful-imprisonment-lawsuit/article_805b035e-6eab-11e3-8240-001a4bcf6878.html |
Information Source 4: |
"Judge tosses former inmate's Tulsa police-ATF corruption lawsuit, By Curtis Killman (World Staff Writer), Tulsa World, April 23, 2015" |
Information Location 4: |
http://www.tulsaworld.com/news/courts/judge-tosses-former-inmate-s-tulsa-police-atf-corruption-lawsuit/article_a066e5ce-e0ac-56de-9104-d15e90815c54.html |
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Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org