Wrongly Convicted Database Record

 

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Burton Caliz

 

Charge:

Manslaughter

Sentence:

"BZD$3,000"

Years Imprisoned:

1

Year Crime:

2004

Year Convicted:

2013

Year Cleared:

2015

U.S. State or Country of Crime:

Belize

County or Region of Crime:

Ambergris Caye

City of Crime:

San Pedro

Result:

Judicially Exonerated

Summary of Case:

"Burton Caliz was wrongly convicted by a jury on October 3, 2013 of manslaughter by negligence in the shooting death of 23-year-old Leroy Pilgrim on February 12, 2004 in San Pedro Town. Caliz was a police constable and Pilgrim was shot following a struggle. On October 18, 2013 Caliz was fined BZD$3,000 (Approx. US$1,500) and his reinstatement as a police constable was recommended by the judge. He was released from custody. Caliz' 2013 conviction was after his second trial. His first trial in 2007 resulted in his conviction for manslaughter, and he was sentenced to 10 years in prison. On June 20, 2008 his conviction was overturned by the Court of Appeal of Belize based on an irregularity in the jury's verdict and a retrial was ordered. Prior to his second trial the charge was reduced from murder to manslaughter. Caliz was convicted of manslaughter after his retrial. On March 13, 2015 the Court of Appeal of Belize quashed Caliz' conviction on the basis the trial judge prejudicially pressured the jury to return a verdict, and the State conceeded the error. The Court did not order a retrial and the charges were dismissed."

Conviction Caused By:

Trial judge prejudicially presurred the jury to return a verdict.

Innocence Proved By:

"On March 13, 2015 the Court of Appeal of Belize quashed Caliz' conviction on the basis the trial judge prejudicially pressured the jury to return a verdict, and the State conceeded the error. The Court did not order a retrial and the charges were dismissed."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Burton Caliz vs. The Queen, Criminal Appeal No. 16 Of 2013 (Court of Appeal of Belize, March 27, 2015) (Reversing conviction and no retrial was ordered)"

Information Location 1:

http://www.belizejudiciary.org/web/wp-content/uploads/2015/01/Criminal-Appeal-No-16-of-2013-Burton-Caliz-v-The-Queen.pdf

Information Source 2:

"Burton Caliz found guilty of manslaughter by negligence in the 2004 death of Leroy Pilgrim, By Staff, The San Pedro Sun (San Pedro Town, Belize), October 4th, 2013"

Information Location 2:

http://www.sanpedrosun.com/crime-and-violence/2013/10/04/burton-caliz-found-guilty-of-manslaughter-by-negligence-in-the-2004-death-of-leroy-pilgrim/

Information Source 3:

"Burton Caliz fined for the death of Leroy Pilgrim, By Staff writer, The San Pedro Sun (San Pedro Town, Belize), October 23, 2013"

Information Location 3:

http://www.sanpedrosun.com/community-and-society/2013/10/23/burton-caliz-fined-death-leroy-pilgrim/

Information Source 4:

"Burton Caliz vs. The Queen, Criminal Appeal No. 5 of 2007 (Court of Appeal of Belize, June 20, 2008) (Reversing conviction and retrial ordered)"

Information Location 4:

http://www.belizejudiciary.org/web/supreme_court/judgements/Court%20of%20Appeal/Criminal%20Appeal%20No.%205%20of%202007%20-%20Burton%20Caliz%20and%20The%20Queen.pdf

Information Source 5:

"Court of Appeal acquits policeman of manslaughter, March 15, 2015"

Information Location 5:

http://www.patrickjonesbelize.com/2015/03/12/court-appeal-acquits-policeman-manslaughter/

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

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