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Wrongly Convicted Database Record
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Charge: |
Felony Murder |
Sentence: |
26 years |
Years Imprisoned: |
5.58 |
Year Crime: |
2002 |
Year Convicted: |
2013 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
McHenry |
City of Crime: |
Johnsburg |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Mario Casciaro was wrongly convicted in 2013 of murder in the death of 17-year-old Brian Carrick on December 22, 2002 in McHenry County, Illinois. Carrick disappeared on the 22nd, and his body was never found. Casciaro was 17 at the time, and he worked as a stock boy at the same store as Carrick. On February 25, 2010 Casciaro was charged with first-degree murder and other charges. The case against him was primarily circumstantial, since no physical, forensic or eyewitness evidence tied him to Carrick's presumed death. Casciaro's first trial began on January 24, 2012 ended with a mistrial on February 1, because the jury could arrive at a verdict. Casciaro's retrial began on March 26, 2013 with the State proceeding on only the charge of first-degree felony murder predicated on intimidation. The jury found Casciaro guilty, and after the judge denied his post-verdict motion for a judgement of acquittal, Casciaro was sentenced on September 24, 2013 to 26 years in prison. Casciaro appealed, primarily on the basis the prosecution introduced insufficient evidence to prove his guilt of every essential element beyond a reasonable doubt. On September 17, 2015 the Second District Appellate Court of Illinois reversed Casciaro's conviction in ruling that the State introduced insufficient evidence to prove that Cascairo had murdered 17-year-old Brian Carrick, stating "the evidence against defendant was so lacking and so improbable that 'it is simply unreasonable to sustain the finding of guilt beyond a reasonable doubt," Casciaro was released from prison on September 23, 2015 after more than 5-1/2 years in custody. The reversal of Casciaro's conviction based on insufficient evidence became final on March 30, 2016 when the Illinois Supreme Court declined the State's petition to review the Court of Appeal's ruling. Casciaro filed a federal civil rights lawsuit in March 2017 that named as defendants: the village of Johnsburg; McHenry County Assistant State’s Attorney Michael Combs; the McHenry County State’s Attorney’s Office; and, Johnsburg Police Chief Keith Von Allmen." |
Conviction Caused By: |
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Innocence Proved By: |
"On September 17, 2015 the Second District Appellate Court of Illinois reversed Casciaro's conviction in ruling that the State introduced insufficient evidence to prove that Cascairo had murdered 17-year-old Brian Carrick, stating "the evidence against defendant was so lacking and so improbable that 'it is simply unreasonable to sustain the finding of guilt beyond a reasonable doubt," The reversal of Casciaro's conviction based on insufficient evidence became final on March 30, 2016 when the Illinois Supreme Court declined the State's petition to review the Court of Appeal's ruling." |
Defendant Aided By: |
Attorney Kathleen Zellner |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
26 |
Age When Released: |
32 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"People v. Casciaro, 2015 IL App (2d) 131291 (09/17/15) (Reversing conviction based on insufficient evidence of guilt, barring retrial under double jeopardy.)" |
Information Location 1: |
http://www.illinoiscourts.gov/Opinions/AppellateCourt/2015/2ndDistrict/2131291.pdf |
Information Source 2: |
"Mario Casciaro, Whose Murder Conviction in Missing Teen's Death Was Overturned, Leaves Prison, By Lauren Effron, ABC News, September 23, 2015" |
Information Location 2: |
http://abcnews.go.com/US/mario-casciaro-murder-conviction-missing-teens-death-overturned/story?id=33919084 |
Information Source 3: |
"State Supreme Court lets Johnsburg murder conviction reversal stand, By Amanda Marrazzo (Staff), The Chicago Tribune, March 31, 2016" |
Information Location 3: |
http://www.chicagotribune.com/news/local/breaking/ct-johnsburg-grocery-store-murder-case-met-20160331-story.html |
Information Source 4: |
"More lawyers join Casciaro wrongful prosecution lawsuit, By Brett Rowland, Northwest Herald, May 16, 2017" |
Information Location 4: |
http://www.nwherald.com/2017/05/16/more-lawyers-join-casciaro-wrongful-prosecution-lawsuit/avwo3xm/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org