Wrongly Convicted Database Record
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Charge: |
Child Cruelty |
Sentence: |
18 months imprisonment |
Years Imprisoned: |
0.29 |
Year Crime: |
2007 |
Year Convicted: |
2009 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
England |
City of Crime: |
Croydon |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Ben Butler was wrongly convicted in March 2009 of cruelty to his baby daughter who died in 2007 after he took her to the hospital after he revived her when she had stopped breathing. He was charged based on the opinion of the hospital's doctor the baby's head had been injured from being "shaken." Butler was sentenced to 18 months in prison, and he was released after 3-1/2 months pending the outcome of his appeal. In June 2010 the Court of Appeals quashed Butler's conviction based on new evidence the baby died from natural causes. Butler's surviving daughter had been taken into State custody because his girlfriend insisted on his innocence, and it took more than two years after his release that he and his girlfriend were given full custody in October 2012. In the interim Butler had only been allowed two visits a year with her for two hours each time." |
Conviction Caused By: |
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Innocence Proved By: |
In June 2010 the Court of Appeals quashed Butler's conviction on the basis of new medical evidence his baby daughter had died from natural causes. |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
30 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"We lost our kids for 5 years after wrongful 'shaken baby' conviction, By Antonella Lazzeri (staff), The Sun (London, UK), October 30, 2012" |
Information Location 1: |
http://www.thesun.co.uk/sol/homepage/woman/real_life/4593440/Father-who-overturned-Shaken-Baby-conviction-fears-family-life-ruined.html |
Information Source 2: |
"Father whose 'shaken baby' conviction was quashed faces new access battle, By Ben Leach (staff), The Telegraph (London), June 27, 2010" |
Information Location 2: |
http://www.telegraph.co.uk/news/uknews/law-and-order/7856016/Father-whose-shaken-baby-conviction-was-quashed-faces-new-access-battle.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org