Wrongly Convicted Database Record

 

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Chester Bauer

 

Charge:

Rape and Assault

Sentence:

30 years

Years Imprisoned:

14

Year Crime:

1983

Year Convicted:

1983

Year Cleared:

1997

U.S. State or Country of Crime:

Montana

County or Region of Crime:

Silver Bow

City of Crime:

Silver Bow

Result:

Judicially Exonerated (Not released due to other charges.)

Summary of Case:

"Chester Bauer was wrongly convicted in 1983 of rape and aggravated assault in Silver Bow, Montana. Bauer's prosecution was based on erroneous eyewitness identification of him by the victim and her husband. A crime lab technician erroneously testified at Bauer's trial that hairs collected from the victim's bedding matched Bauer's hair. However, the number of hairs was miscounted and it was later revealed that none of the hairs matched Bauer. Bauer was sentenced to 20 years for the rape and 10 years for the assault, to be served consecutively. Post-conviction DNA testing unavailable at the time of his trial excluded Bauer as the assailant. Bauer filed a post-conviction petition for a new trial based on the new evidence of his actual innocence. Bauer's petition was granted and his convictions were vacated on September 22, 1997. "However, Bauer remained incarcerated for another two years under sentences for convictions he gained while in prison. In 1991, Bauer pleaded guilty to the charge of intimidating a prison employee's spouse, and, in 1996, he was convicted of sexual intercourse without consent with a 19-year-old female inmate at the Blaine County Jail, where Bauer had been assigned for his protection after serving as a State's witness at the trials subsequent to the 1991 prison riot. Bauer was released on probation in November 1999, and took up residence with his mother in Townsend, Montana." [Montana v. Chester Bauer, No. 01-079 (Supreme Ct. of Montana, 1-15-2002)] While on probation Bauer was charged on April 19, 2000 with one count of incest, for allegedly having non-consensual sex with his 18-year-old daughter on December 24, 1999. Bauer's prosecution was based on the testimony of his daughter and witnesses who testified about her behavior after Dec. 24, including fear of her father. After a three-day trial in the Deer Lodge County District Court, Bauer was found guilty by a jury of one count of incest. The trial judge had denied Bauer's motion for a directed verdict of acquittal based on the insufficiency of the prosecution's evidence. He was subsequently sentenced to life in prison plus 20 years.as a habitual offender. The judge declared Bauer was ineligible for parole because of his criminal history and predatory sexual behavior. Bauer appealed his conviction on four grounds: The judge erred denying his motion for a directed verdict of acquittal; 2) The judge abused his discretion by denying Bauer's motion for a mistrial for the erroneous admission of “other crimes” evidence; 3) The judge abuse his discretion in denying Bauer's request to admit the state crime lab's DNA report as exculpatory evidence (The blanket on which Bauer allegedly had sex with Bauer was found to have semen, but it tested negative for Bauer being the source.); and, 4) The judge abused his discretion by declining to give a jury instruction on weak and less satisfactory evidence. On January 15, 2002 the Montana Supreme Court unanimously affirmed Bauer's conviction and sentence in stating: "Bauer's conviction of the offense of incest is supported by sufficient evidence, and each of the challenged evidentiary and procedural rulings of the District Court falls within the court's discretionary authority. We conclude the District Court properly denied Bauer's motion for a directed verdict and did not abuse its discretion." [Montana v. Chester Bauer, No. 01-079 (Supreme Ct. of Montana, 1-15-2002)]"

Conviction Caused By:

Erroneous eyewitness identification and erroneous hair comparison analysis by a crime lab technician.

Innocence Proved By:

DNA testing unavilable at the time of his trial.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

26

Age When Released:

40

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State of Montana v. Chester Bauer, No. 01-079 (Supreme Ct. of Montana, 1-15-2002) (Affirming 2001 conviction for incest with his 18-year-old daughter in 1999, and his sentence as a habitual offender to life in prison plus 20 years.)"

Information Location 1:

http://caselaw.findlaw.com/mt-supreme-court/1291631.html

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

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