Wrongly Convicted Database Record

 

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James Edward Bell Jr.

 

Charge:

Drug Related (Possession or sale)

Sentence:

2 to 5 years

Years Imprisoned:

1.83

Year Crime:

2007

Year Convicted:

2008

Year Cleared:

2014

U.S. State or Country of Crime:

Pennsylvania

County or Region of Crime:

Lancaster

City of Crime:

Lancaster

Result:

Judicially Exonerated

Summary of Case:

"James Edward Bell, Jr. was wrongly convicted in 2008 of possession with intent to deliver drugs, possession of drug paraphernalia, and tampering with evidence, in Lancaster, Pennsylvania on September 20, 2007. James Bell Jr. insisted he was mistakenly arrested because when the police arrived he was retrieving his cell phone from the apartment next to where the police went, and he had no drugs in his possession. After his conviction by a jury Bell was sentenced on February 27, 2009 to 2 to 5 years in prison for the possession conviction, and concurrent sentences of one year probation for the drug paraphernalia count and two years probation for the tampering count. James Bell was released on parole in 2010. On November 23, 2011 Bell filed a post-conviction petition, and he requested discovery. Bell's discovery request was granted on January 26, 2012. On March 23, 2012 Bell filed an amended petition requesting a new trial based on ineffective assistance of his counsel for failing to investigate Joseph Greener, who was at the scene, allowed the police into the building, and was transported to the jail with Bell. Bell was granted an evidentiary hearing during which a police officer testified that he saw Bell exit from 136 South Queen Street, when the drugs were in another unit located at 140 South Queen Street where Greener was arrested. Greener didn't testify because he was deceased. Bell sought, and was granted permission to file an amended petition asserting a Brady violation for the prosecution's failure to provide the police reports supporting Bell's defense. Bell filed his amended petition on June 22, 2012. The trial court denied Bell's petition on October 12, 2012. James Bell appealed arguing he should be granted a new trial on ineffective assistance of his trial counsel for failing to investigate Bell's defense, and that the prosecution committed a Brady violation for failing to produce the exculpatory police reports that undermined the credibility of the arresting police officer's trial testimony denying knowledge of Greener. On November 12, 2013 the Pennsylvania Superior Court reversed the lower court's denial of Bell's post-conviction petition, vacated his conviction, and ordered a new trial. The appeals court's ruling stated: "While financial limitations could provide a reasonable basis for trial counsel’s decision not to conduct investigatory work, to uncover the facts surrounding Mr. Greener, trial counsel would have only had to review discovery, interview Appellant, and utilize discovery documents, a minimal amount of work. Finally, since the PCRA court’s decision itself calls into question the reliability of the evidence introduced at trial, we find that there is a reasonable probability that the outcome of the proceeding would have been different had trial counsel performed adequately. Therefore, Appellant is entitled to a new trial." (Commonwealth of Pennsylvania v. James Edward Bell, Jr., No. 2001 MDA 2012 (Superior Ct of Penn., Nov. 12, 2013). The Lancaster County District Attorney's Office declined to retry Bell, and the DA's motion to dismiss the charges was granted on June 3, 2014."

Conviction Caused By:

Ineffective assistance of counsel by Bell's trial lawyer for failing to investigate his defense.

Innocence Proved By:

"On November 12, 2013 the Pennsylvania Superior Court reversed the lower court's denial of Bell's post-conviction petition, vacated his conviction, and ordered a new trial. The appeals court's ruling stated: "While financial limitations could provide a reasonable basis for trial counsel’s decision not to conduct investigatory work, to uncover the facts surrounding Mr. Greener, trial counsel would have only had to review discovery, interview Appellant, and utilize discovery documents, a minimal amount of work. Finally, since the PCRA court’s decision itself calls into question the reliability of the evidence introduced at trial, we find that there is a reasonable probability that the outcome of the proceeding would have been different had trial counsel performed adequately. Therefore, Appellant is entitled to a new trial." (Commonwealth of Pennsylvania v. James Edward Bell, Jr., No. 2001 MDA 2012 (Superior Ct of Penn., Nov. 12, 2013). The Lancaster County District Attorney's Office declined to retry Bell, and the DA's motion to dismiss the charges was granted on June 3, 2014."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

28

Age When Released:

30

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Commonwealth of Pennsylvania v. James Edward Bell, Jr., No. 2001 MDA 2012 (Superior Ct of Penn., Nov. 12, 2013) (Reversing lower court ruling and ordering new trial.) (Superior Court I.O.P. 65.37)"

Information Location 1:

http://www.pacourts.us/assets/opinions/Superior/out/J-S35038-13m%20-%201016149001801750.pdf

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