|
Wrongly Convicted Database Record
|
Charge: |
Union activity |
Sentence: |
70 months |
Years Imprisoned: |
1.33 |
Year Crime: |
2007 |
Year Convicted: |
2015 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
Massachusetts - Federal Case |
County or Region of Crime: |
Suffolk |
City of Crime: |
Boston |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Joseph Burhoe and John Perry were codefendants wrongly convicted in 2015 in federal court of charges related to union picketing in Boston, Massachusetts. On September 8, 2017 the First U.S. Court of Appeals reversed all of Burhoe and Perry's picketing related convictions on the basis of insufficient evidence because picketing a business that hires nonunion workers in an effort to maintain the prevailing wage of union workers in the community is a "legitimate labor objective," The Court affirmed the men's conviction of Count 29 that was unrelated to the picketing charges, and remanded for sentencing. On December 21, 2017 the First Circuit denied the government's motion for a panel rehearing. Burhoe was released from federal prison on September 14, 2017, and Perry had been released on August 4, 2017. They were resentenced to time served for the Count 29 on April 9, 2018." |
Conviction Caused By: |
|
Innocence Proved By: |
"On September 8, 2017 the First U.S. Court of Appeals reversed all of Burhoe and Perry's picketing related convictions on the basis of insufficient evidence because picketing a business that hires nonunion workers in an effort to maintain the prevailing wage of union workers in the community is a "legitimate labor objective," The Court affirmed the men's conviction of Count 29 that was unrelated to the picketing charges, and remanded for sentencing. On December 21, 2017 the First Circuit denied the government's motion for a panel rehearing. Burhoe was released from federal prison on September 14, 2017, and Perry had been released on August 4, 2017. They were resentenced to time served for the Count 29 on April 9, 2018." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
46 |
Age When Released: |
48 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"United States v. Joseph Burhoe, a/k/a Jo Jo, and, United States v. John Perry, Nos. 15-1542, 15-1612 (1st Cir. 9-8-2017) (Reversing all conviction related to picketing due to insufficient prosecution evidence. Affirmed unrelated County 29 that concerned the holding of a person with certain criminal convictions from serving in particular capacity in union.)" |
Information Location 1: |
http://caselaw.findlaw.com/us-1st-circuit/1873403.html |
Information Source 2: |
"Court reverses extortion convictions against 2 Teamsters, By AP, Boston Herald ( Boston.com), September 9, 2017" |
Information Location 2: |
https://www.boston.com/news/local-news/2017/09/09/court-reverses-extortion-convictions-against-2-teamsters |
Information Source 3: |
"Braintree Man Sentenced to 70 Months in Prison on Extortion Charges: Joseph Burhoe was found guilty of extorting non-profits, non-union businesses in Boston, and other union members, By Daniel Libon (Patch Staff), Patch.com, April 17, 2015 " |
Information Location 3: |
https://patch.com/massachusetts/braintree/braintree-man-sentenced-70-months-prison-extortion-charges-0 |
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org