Wrongly Convicted Database Record

 

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Wayne Cservak

 

Charge:

Sexual Assault (includes aggravated)

Sentence:

10 years

Years Imprisoned:

0.58

Year Crime:

1997

Year Convicted:

1997

Year Cleared:

1997

U.S. State or Country of Crime:

Tennessee

County or Region of Crime:

Conasauga

City of Crime:

Dalton

Result:

Judicially Exonerated Released

Summary of Case:

"Wayne Cservak was wrongly convicted in May 1997 of sexually assaulting (molesting) his girlfriend's 13-year-old son, The only evidence against Cservak was the boy's testimony. The jury convicted Cservak and he was sentenced to 10 years in prison without parole. After the trial one of the jurors, 69-year-old Jim Thomas, voiced his concern that he had been browbeaten into voting guilty when he didn't think Cservak had been proven guilty beyond a reasonable doubt. Thomas hired a lawyer on Cservak's behalf. On December 22, 1997, the trial judge granted Cservak a new trial. A week later, on December 29, the boy recanted his testimony to the district attorney. The DA filed a motion to dimiss the charges and Cservak was released later that day after almost a year of incarceration since his arrest."

Conviction Caused By:

The alleged victim admitted committing perjury after Cservak's trial.

Innocence Proved By:

"On December 22, 1997, the trial judge granted Cservak a new trial. A week later, on December 29, the boy recanted his testimony to the district attorney. The DA filed a motion to dimiss the charges and Cservak was released later that day."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

21

Age When Released:

22

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Juror Jim Thomas Helps Free Innocent man, By Pam Sohn, Justice Denied, Vol. 1, Issue 1, February 1999."

Information Location 1:

http://justicedenied.org/v1issue1.htm#Jim%20Thomas

Information Source 2:

"Juror refuses to accept injustice, By Pam Sohn, The Chattanooga Times, March 1998."

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

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