Wrongly Convicted Database Record

 

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Frank Alan Button

 

Charge:

Rape

Sentence:

7 years

Years Imprisoned:

0.83

Year Crime:

Year Convicted:

2000

Year Cleared:

2001

U.S. State or Country of Crime:

Australia

County or Region of Crime:

Queensland

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Frank Alan Button was Australia's first wrongly convicted person exonerated by DNA evidence after being falsely convicted of rape in Queensland, Australia. He was wrongly imprisoned for 10 months. The results of postconviction DNA testing persuaded Queensland's Court of Appeal to overturn the conviction of Frank Button for the 1999 rape of a 13-year old girl. Prior to his trial tests were not performed on the sheets from the bed where the rape occurred. Authorities reasoned that because Button had been staying at with the girl's family, it was likely that his DNA would be present. The postconviction DNA testing not only did not match Button, but it also identified another suspect. Prosecutors have not yet charged the other suspect." Source - Suzanne Klotz, Sex Conviction a Black Day, Court Told, AAP Newsfeed, Apr. 10, 2001. After the April 10, 2001 reversal of his conviction, Button was released after ten months wrongful imprisonment."

Conviction Caused By:

Erroneous eyewitness testimony by the victim.

Innocence Proved By:

"Court of Appeal reversed Button's conviction on April 1, 2001 based on DNA tests that excluded him as the victim's attacker"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

29

Age When Released:

30

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

DPP questioned over DNA evidence

Information Location 1:

http://www.abc.net.au/pm/PMChronoidx2002_Tuesday19March2002.htm

Information Source 2:

"Post Conviction DNA Testing, American Prosecutors Research Institute, April 4-10-2001"

Information Location 2:

http://www.ndaa.org/apri/programs/dna/april_4_10_2001.html

Information Source 3:

"Forensics Under the Microscope, CMC Report, Oct 2002"

Information Location 3:

http://www.cmc.qld.gov.au/library/CMCWEBSITE/ForensicScienceUndertheMicroscope.pdf

Information Source 4:

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Information Source 5:

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

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