Wrongly Convicted Database Record

 

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Daniel Boone Crosby

 

Charge:

Child/Minor Sex Abuse (incl. molestation)

Sentence:

10 years with 7 years suspended

Years Imprisoned:

4

Year Crime:

1993

Year Convicted:

1996

Year Cleared:

2008

U.S. State or Country of Crime:

Montana

County or Region of Crime:

Missoula

City of Crime:

Missoula

Result:

Judicially Exonerated

Summary of Case:

"Daniel Boone Crosby was wrongly convicted on January 20, 2006 in Missoula, Montana of sexual intercourse without consent with his daughter Shawnetta Crosby in 1993 when she was 10-year-old. Key testimony during Crosby's jury trial was the testimony of his daughter. After his conviction following a five day trial, Crosby was sentenced to ten years in prison with seven years suspended pending good behavior. After Crosby's release in 2000 he had to register as a sex offender. In 2004 Crosby filed a post-conviction petiton for a new trial based on the new evidence that his daughter recanted her accusation and testimony, and that they never occurred. Shawnetta stated in a sworn statement that her mother influenced her to falsely accuse her father. After holding an evidentiary hearing during which Shawnetta testified, the trial court denied Crosby's petition on the basis that he thought her recantation was untrue. Crosby appealed the ruling. On July 11, 2006 the Montana Supreme Court reversed the lower court's ruling denying Crosby's petition, stating: "The court's improper application of the law clearly prejudiced Crosby since the court denied Crosby's petition for postconviction relief on the sole basis that it deemed Shawnetta's recanting testimony untrue. We therefore reverse and remand for the District Court to apply the standards espoused in Clark in determining whether Crosby is entitled to postconviction relief and a new trial." The Missoula County DA submitted a motion to dismiss the charges, which was granted in June 2008."

Conviction Caused By:

Innocence Proved By:

"On July 11, 2006 the Montana Supreme Court reversed the lower court's ruling denying Crosby's petition, stating: "The court's improper application of the law clearly prejudiced Crosby since the court denied Crosby's petition for postconviction relief on the sole basis that it deemed Shawnetta's recanting testimony untrue. We therefore reverse and remand for the District Court to apply the standards espoused in Clark in determining whether Crosby is entitled to postconviction relief and a new trial." The Missoula County DA submitted a motion to dismiss the charges, which was granted in June 2008."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

35

Age When Released:

39

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Crosby v. State, 139 P. 3d 832, 2006 MT 155, 332 Mont. 460 (Mont: Supreme Court, 2006) (Reversing lower court's ruling and remanding)"

Information Location 1:

http://caselaw.findlaw.com/mt-supreme-court/1301188.html

Information Source 2:

"Supreme Court agrees Missoula man's rape conviction deserves new review, By Matt Gouras (Associated Press), Billings Gazette (Billings, MT), July 11, 2006"

Information Location 2:

http://billingsgazette.com/news/state-and-regional/montana/supreme-court-agrees-missoula-man-s-rape-conviction-deserves-new/article_5e34b073-95e3-595a-ab4f-eade1a9bf46f.html

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