Wrongly Convicted Database Record

 

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Jaime Caetano

 

Charge:

Possessing or carrying dangerous weapon

Sentence:

Exonerated After Conviction But Prior to Sentencing

Years Imprisoned:

Year Crime:

2011

Year Convicted:

2012

Year Cleared:

2016

U.S. State or Country of Crime:

Massachusetts

County or Region of Crime:

Middlesex

City of Crime:

Ashland

Result:

Judicially Exonerated

Summary of Case:

"Jaime Caetano was wrongly convicted in 2012 of illegally possessing a stun gun in Middlesex County, Massachusetts on September 29, 2011. Caetano's prosecution was based on her possession of a stun gun that she kept with her for protection from her abusive boyfriend. The trial judge denied her pretrial motion to dismiss the charges on the basis she possessed the stun gun for self-defense, and it was commonly used throughout the U.S. for that purpose. The judge denied her motion. Caetano waived her right to a jury trial. Caetano was convicted following a bench trial that was based on stipulated facts. The prosecution recommended a sentence of imposition of the minimum fine allowed by law. The judge delayed sentencing pending the outcome of her appeal. Her conviction was affirmed by the Massachusetts Supreme Judicial Court on March 2, 2015. Caetano filed a petition for a writ of certiorari that was accepted by the U.S. Supreme Court on June 1, 2015. On March 21, 2016 the U.S. Supreme Court unanimously reversed the affirmation of Caetano's conviction by the Massachusetts Supreme Judicial Court on the grounds that the Second Amendment protected her posession of the stun gun she was kept on her person for self-defense against an abusive boyfriend. On July 6, 2016 a judge found Caetano not guilty after a jury-waived, facts stipulated retrial, and granted a petition to seal her record in the case."

Conviction Caused By:

Innocence Proved By:

"On March 21, 2016 the U.S. Supreme Court unanimously reversed the affirmation of Caetano's conviction by the Massachusetts Supreme Judicial Court on the grounds that the Second Amendment protected her posession of the stun gun she was kept on her person for self-defense against an abusive boyfriend. On July 6, 2016 a judge found Caetano not guilty after a jury-waived, facts stipulated retrial, and granted a petition to seal her record in the case."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

Information Source 1:

"Jaime Caetano v. Massachusetts, 577 U.S. ___ (US Sup Ct, 3-21-2016) (Reversing affirmation of her conviction by Mass. Sup. Jud. Ct. on basis her right to possess stun gun for self-protection was protected by the Second Amendment.)"

Information Location 1:

http://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf

Information Source 2:

"Charges dropped in Caetano v. Massachusetts Second Amendment stun gun case, By Eugene Volokh (Staff), Washington Post, July 7, 2016"

Information Location 2:

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/07/07/charges-dropped-in-caetano-v-massachusetts-second-amendment-stun-gun-case/?utm_term=.9e8c5a5518d9

Information Source 3:

"Commonwealth vs. Jaime Caetano, 470 Mass. 774 (Mass. Jud. Sup. Ct., 3-2-2015) (Affirming conviction)"

Information Location 3:

http://masscases.com/cases/sjc/470/470mass774.html

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

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