Wrongly Convicted Database Record

 

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Kevin Baruxes

 

Charge:

Rape

Sentence:

18 years to life imprisonment

Years Imprisoned:

7.08

Year Crime:

1996

Year Convicted:

1996

Year Cleared:

2003

U.S. State or Country of Crime:

California

County or Region of Crime:

San Diego

City of Crime:

Rancho Bernardo

Result:

Judicially Exonerated Released

Summary of Case:

"Kevin Baruxes was wrongly convicted on June 14, 1996 of raping a woman committed on February 15, 1996 at the apartment house where he lived in Rancho Bernardo, California. The prosecution's case was based on the victim's eyewitness identification of Baruxes. After his conviction by a jury Baruxes was sentenced on October 22, 1996 to 15 years to life in prison, plus a three year enhancement, for a total term of 18 years to life. On May 17, 2002 Baruxes filed a writ of habeas corpus based on the new evidence the alleged victim, Ms. M, confessed to her ex-fiance that Baruxes had not raped her. Without opposition by the San Diego County District Attorney's Office, Baruxes' habeas petition was granted on July 15, 2003. The charges were subsequently dismissed and Baruxes was released after 7 years and 1 month of false imprisonment. On August 5, 2003 Baruxes filed a compensation claim with the State of California Victim's Compensation Board, which was granted on June 7, 2003 in the amount of $258,700 based on his 2,587 days in custody after his conviction."

Conviction Caused By:

Eyewitness error by the victim.

Innocence Proved By:

"Without opposition by the San Diego County District Attorney's Office, Baruxes' habeas petition was granted on July 15, 2003. The charges were subsequently dismissed and Baruxes was released after more than 7 years of false imprisonment."

Defendant Aided By:

Compensation Awarded:

"$258,700 (State of California, 2003)"

Was Perpetrator Identified?

Age When Imprisoned:

18

Age When Released:

25

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Not Guilty After All, San Francisco Magazine, November 2004"

Information Location 1:

http://sanfran.com/archives/view_story/200/

Information Source 2:

"Man Coping After Wrongly Convicted Of Rape - KGTV channel 10 San Diego, July 14, 2004"

Information Location 2:

http://www.10news.com/news/3534567/detail.html

Information Source 3:

"In the Matter of the Claim of Kevin Baruxes, No. G543301, Victim Compensation and Government Claims Board of the State of California, June 7, 2003"

Information Location 3:

http://www.vcgcb.ca.gov/docs/pc4900/PC-4900-Approved-Baruxes.pdf

Information Source 4:

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

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