Wrongly Convicted Database Record

 

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Michael Cox

 

Charge:

Drug Related (Possession or sale)

Sentence:

6 years

Years Imprisoned:

2

Year Crime:

1999

Year Convicted:

1999

Year Cleared:

2001

U.S. State or Country of Crime:

California

County or Region of Crime:

San Diego

City of Crime:

San Diego

Result:

Judicially Exonerated

Summary of Case:

"Julie Richardson and Michael Cox were codefendants wrongly convicted in August 1999 of possessing methamphetamines in San Diego, California. On June 4, 1999 the police searched a room in an apartment that Richardson (44) and Cox (43) had moved into several days before. The police found methamphetamine and items used to sell meth. the drug in one of the bedrooms of the apartment. The search was based on information provided by a confidential informant. During Richardson and Cox's trial the judge denied their lawyer's motion to disclose the informant's identity so he or she could be questioned in open court. After Richardson and Cox were convicted by a jury the judge sentenced Richardson to one year in prison and Cox to six years in prison. While their case was on appeal, the trial judge allowed Cox’s lawyer to view a redacted copy of the judge’s questioning of the informant -- Sandy Russell. Russell said there were drugs in the apartment bedroom where she had stayed before Richardson and Cox moved into it and that she had used drugs in the apartment the day before the raid. Richardson and Cox then argued in their appeal that it was a Brady violation for the prosecution to fail to disclose the favorable evidence about Russell. In November 2000 the California Court of Appeal reversed the convictions of Richardson and Cox, and ordered a new trial based on the prosecution's Brady violation. On February 13, 2001 the San Diego County District Attorney’s Office dismissed the case. Richardson had already completed her sentence, and Cox was released. Cox filed a claim for compensation with the Victim Compensation and Government Claims Board of the State of California that was denied on November 10, 2002."

Conviction Caused By:

False evidence by the prosecution's confidential informant who the judge didn't require to testify..

Innocence Proved By:

"In November 2000 the California Court of Appeal reversed the convictions of Richardson and Cox, and ordered a new trial based on the prosecution's Brady violation. On February 13, 2001 the San Diego County District Attorney’s Office dismissed the case. "

Defendant Aided By:

Compensation Awarded:

Denied compensation by the State of Calif.

Was Perpetrator Identified?

Age When Imprisoned:

43

Age When Released:

45

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"In the Matter of the Claim of Michael Cox, No. G-517216, Victim Compensation and Government Claims Board of the State of California, Proposed Decision, November 10, 2002"

Information Location 1:

http://www.vcgcb.ca.gov/docs/pc4900/PC-4900-Denied-Cox.pdf

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

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