Wrongly Convicted Database Record
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Charge: |
Pornography (including making and distributing) |
Sentence: |
18 months |
Years Imprisoned: |
0.5 |
Year Crime: |
2005 |
Year Convicted: |
2008 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
United Kingdom |
County or Region of Crime: |
England |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"D. M. C. was wrongly convicted in November 2008 in Reading Crown Court of ten counts of child pornography and sentenced to 18 months in prison. Mr. C. was convicted based on images sent through an email address which was traced through AOL to Mr. C. home address. Neither any emails to or from the email address nor any child pornography images wree found on Mr. C.'s computer when his home was searched in September 2005. Mr. C. was charged and arrested in May 2007. He had a boarder at the time the images were emailed, and his defense was the boarder must have sent them from his computer. In May 2009 a five-judge panel of England's Court of Appeals overturned Mr. C.'s conviction on the basis that the judge did not properly instruct the jury about the memorandum from AOL concerning the email address." |
Conviction Caused By: |
Misleading jury instruction about an AOL memorandum. |
Innocence Proved By: |
In May 2009 a five-judge panel of England's Court of Appeals overturned Carter's conviction. |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
40 |
Age When Released: |
41 |
Sex: |
Male |
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Information Source 1: |
"Porn conviction appeal upheld, Bracknell Forest Standard, June 2, 2009" |
Information Location 1: |
http://www.getbracknell.co.uk/news/s/2051758_porn_conviction_appeal_upheld |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org