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Wrongly Convicted Database Record
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Charge: |
Child/Minor Sexual Assault |
Sentence: |
1 year probation |
Years Imprisoned: |
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Year Crime: |
1969 |
Year Convicted: |
1970 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Nova Scotia |
City of Crime: |
Jordantown |
Result: |
Judicially Exonerated |
Summary of Case: |
"Gerald Gaston Barton was wrongly convicted in 1970 in Jordantown, Nova Scotia of sexually assaulting a 14-year-old girl who had a son from her alleged encounter with him. Barton's conviction of "having sexual intercourse with a female between 14 and 16 years of age" was based on the girl's identification of Barton and a statement the RCMP investigator said was given by Barton. Barton was sentenced to 1 year probation. Forty years later the alleged victim recanted her story to authorities, and a DNA test of her son proved Barton wasn't the father. Based on the new evidence he didn't assault the girl, the Nova Scotia Court of Appeal quashed his conviction on January 24, 2011 as a miscarriage of justice - 41 years after his conviction. Barton then filed a lawsuit that alleged he was the victim of a negligent investigation by the RCMP of the girl's claim, and that his statement was the product of coercion and fabrication by the RCMP investigator. On May 29, 2014 a Nova Scotia Supreme Court justice ruled that the RCMP officer wasn't negligent in the conducting of his investigation, and Barton announced he would appeal the ruling. In April 2015 the Nova Scotia Court of Appeal affirmed the lower court's ruling.." |
Conviction Caused By: |
Perjury by the alleged victim and a negligent investigation by the RCMP. |
Innocence Proved By: |
The Nova Scotia Court of Appeal quashed his conviction in 2011 - 41 years after his conviction -- based on the victim's recantation and DNA evidence proving he wasn't the father of her child allegedly conceived during the alleged incident. |
Defendant Aided By: |
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Compensation Awarded: |
No |
Was Perpetrator Identified? |
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Age When Imprisoned: |
20 |
Age When Released: |
20 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
R. v. Barton - 2011 NSCA 12 (2011-01-25) |
Information Location 1: |
http://decisions.courts.ns.ca/nsc/nsca/en/item/16678/index.do?r=AAAAAQANZ2VyYWxkIGJhcnRvbgAAAAAB |
Information Source 2: |
"Police statement focus of lawsuit filed by wrongfully convicted Nova Scotia man, By: Michael MacDonald (The Canadian Press), The Winnipeg Free Press, April 10, 2014" |
Information Location 2: |
http://www.winnipegfreepress.com/canada/wrongful-conviction-lawsuit-changed-at-last-minute-to-drop-nova-scotia-crown-254721751.html |
Information Source 3: |
"Gerry Barton loses bid for wrongful conviction compensation: RCMP officer who conducted initial investigation not negligent, judge finds, CBC News May 29, 2014" |
Information Location 3: |
http://www.cbc.ca/news/canada/nova-scotia/gerry-barton-loses-bid-for-wrongful-conviction-compensation-1.2658351 |
Information Source 4: |
"Barton v. Nova Scotia (Attorney General), 2015 NSCA 34 (4/14/15) (Affirming lower court's ruling that found no negligence by state actors involved in his conviction.)" |
Information Location 4: |
http://www.courts.ns.ca/Decisions_Of_Courts/documents/2015nsca34.pdf |
Information Source 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org