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Wrongly Convicted Database Record
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Charge: |
Rape and Robbery (including burglary) |
Sentence: |
72 to 80 years |
Years Imprisoned: |
19.96 |
Year Crime: |
1980 |
Year Convicted: |
1984 |
Year Cleared: |
2001 |
U.S. State or Country of Crime: |
Massachusetts |
County or Region of Crime: |
Suffolk |
City of Crime: |
Boston |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Ulysses Rodriguez Charles was wrongly convicted in 1984 of aggravated rape, robbery, unlawful confinement and entering a dwelling armed with intent to commit a felony, in the December 8, 1980 rape of three women in a Boston apartment. Ulysses Charles was arrested on June 1, 1981 after the three victims identified Charles as their assailant from viewing police mugshots. The prosecution's case was based on the victim's in-court identification of Charles, and false expert testimony by a crime scene analyst that their assailant didn't ejaculate. In fact, the expert was able to lied because the prosecution did not disclose to Charles' lawyers that the lab test of the assailant's semen showed he had type O blood, when Charles had type B blood. After the jury convicted Ulysses Charles he was sentenced to 80 years in prison. Two weeks shy of 20 years after his arrest, Charles' convictions were vacated on May 17, 2001 after he was excluded by DNA testing of semen found on the victim's bed sheets. Charles was a native of Trinidad and he was held in custody on a deportation detainer until his release from federal custody on August 23, 2002. After Charles was released he filed a federal civil rights lawsuit against the City of Boston. A civil jury on April 21, 2009 unanimously decided that Charles was innocent and thus entitled to up to $500,000 compensation under Massachusetts' 2004 compensation statute. The jury agree that he had 'proved by clear and convincing evidence that he did not commit the crime or crimes for which he was convicted in 1984. His trial was the first under the 2004 law. The State of Massachusetts paid Charles $500,000 in compensation. In December 2009 the City of Boston agreed to settle Charles' federal civil rights lawsuit against the city for $3.25 million. So his total compensation was $3.75 million." |
Conviction Caused By: |
"Police concealment of exculpatory blood type evidence, erroneous identification of Charles by the three victims, and perjurious testimony by the lab technician to conceal Charles had type B blood and the assailant had type O blood." |
Innocence Proved By: |
Post conviction DNA test excluded him as the assailant |
Defendant Aided By: |
Innocence Project NY |
Compensation Awarded: |
"$3.75 million total. $500,000 (State of Massachusetts, April 2009) and $3.25 million (City of Boston, Dec. 2009)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
30 |
Age When Released: |
51 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"In 'hell' for 18 years, Boston man now vindicated, By David E. Frank, Massachusetts Lawyers Weekly, May 18, 2009" |
Information Location 1: |
http://www.correctionsone.com/corrections/articles/1833851-In-hell-for-18-years-Boston-man-now-vindicated/ |
Information Source 2: |
"Hub seeks federal judge's recusal, citing 'favoritism', By Jonathan Saltzman, Boston Globe, November 17, 2008" |
Information Location 2: |
http://www.boston.com/news/local/massachusetts/articles/2008/11/17/hub_seeks_federal_judges_recusal_citing_favoritism/ |
Information Source 3: |
Innocence Project Database |
Information Location 3: |
http://www.innocenceproject.org/case/display_profile.php?id=129 |
Information Source 4: |
"Man freed in rape case settles suit for $3.25m, By Jonathan Saltzman (staff), Boston Globe, December 29, 2009" |
Information Location 4: |
http://www.boston.com/news/local/massachusetts/articles/2009/12/29/wrongfully_convicted_in_rapes_man_settles_hub_suit_for_325m/ |
Information Source 5: |
"Wrongful Conviction Cases Under G.L. C. 258D As Of August 1, 2016" |
Information Location 5: |
https://assets.documentcloud.org/documents/3034698/Wrongful-Conviction-Compensation-Cases.pdf |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org