Wrongly Convicted Database Record


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Mashelle Bullington



Burglary (including aggravated)


4 years 4 months imprisonment

Years Imprisoned:


Year Crime:


Year Convicted:


Year Cleared:


U.S. State or Country of Crime:


County or Region of Crime:

Santa Clara

City of Crime:

San Jose


Judicially Exonerated

Summary of Case:

"Mashelle Bullington was co-defendant of Kenneth Foley. Both were wrongly convicted of a January 1995 burglary that another man, Luke Gaumond, admitted to committing. Kenneth Foley's first trial ended in a mistrial. Although Gaumond testified he committed the crime, the prosecution argued he was an unreliable witness. The victim identified Foley and Bullington as the burglars and the jury believed him in convicting Foley and Bullington. Foley's conviction for second-degree burglary involving a firearm resulted in his sentencing to 25 years to life in prison under California's three-strikes law. As a first-time offender Bullington was sentenced to 4 years and 4 months in prison. Bullington was released in 1999 after serving her sentence. After Foley had been imprisoned for more than ten years Gaumond contacted Foley's lawyer and told him he had committed the crime. Foley was released on bond in September 2006 after a re-investigation of his case coordinated by the Santa Clara District Attorney's office established that the witness had been mistaken and no gun had been involved. That removed it as a three-strike offense and made Foley eligible for resentencing to less time than he had already served. On April 5, 2007 Foley's conviction was vacated. He had been wrongly imprisoned for 11 years and 7 months. The conviction of his co-defendant Bullington was overturned on November 26, 2008 based on Gaumond's confession to committing the crime with a person other than Bullington or Foley."

Conviction Caused By:

Erroneous eyewitness identification by the burglary victim who also erroneously said he saw a woman in the perpetrator's car point a gun at him

Innocence Proved By:

"Bullington conviction was overturned on November 26, 2008 based on Luke Gaumond's confession to committing the crime with a person other than Bullington or Foley."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:


Age When Released:





Information Source 1:

"Almost 14 years after Campbell burglary, woman's conviction overturned, By Fredric N. Tulsky (staff writer), San Jose Mercury News, November 29, 2008"

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

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