Paul Daley

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Charge:	Leaving Fatal Accident Scene
Sentence:	1 year suspended sentence
Years Imprisoned:
Year Crime:	2009
Year Convicted:	2010
Year Cleared:	2011
U.S. State or Country of Crime:	Massachusetts
County or Region of Crime:	Norfolk
City of Crime:	Quincy
Result:	Judicially Exonerated
Summary of Case:	"Paul Daley was wrongly convicted on October 1, 2010 of felony leaving the scene of a fatal accident after he unknowingly hit Paul Moore while he was walking beside the road with his pickup truck on Christmas Eve 2009. Paul Daley was convicted after a six-day trial by a judge after he waived his right to a jury trial. Prior to sentencing Daley's lawyers filed a motion for a judgment of acquittal based on the argument that the prosecution had failed to present any evidence that he knew he had hit the man, and therefore he couldn't be guilty of the crime because he had had not criminal intent. At the sentencing hearing on November 4, 2010, Judge Kenneth Fishman stated that he had erroneously convicted Daley because their was no evidence he knew he had hit Moore so he had no criminal intent, but he was barred by state law from overturning his own conviction. Instead he sentenced Daley to the minimum provided by law -- one year in prison -- and suspended the sentence. Daley's lawyer then filed a post-conviction motion to overturn Daley's conviction, which Judge Fishman granted on January 3, 2011. In a four-page opinion Judge Fishman stated the prosecution had not proven Daley guilty beyond a reasonable doubt, and that double jeopardy barred his retrial."
Conviction Caused By:	Judge erred by not requiring the prosecution to prove Paul Daley had criminal intent.
Innocence Proved By:	"Paul Daley's lawyer filed a post-conviction motion to overturn Daley's conviction, which Judge Fishman granted on January 3, 2011."
Defendant Aided By:	Attorney George McMahon
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	62
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Judge reverses own decision in hit-and-run death, By Dennis Tatz (staff writer), The Patriot-Ledger (Quincy, MA), January 4, 2011"
Information Location 1:	http://www.wickedlocal.com/quincy/news/x1112767390/Judge-reverses-own-decision-in-hit-and-run-death
Information Source 2:	"Judge overturns Quincy hit-and-run decision, Associated Press story, Boston Herald, January 4, 2011"
Information Location 2:	http://news.bostonherald.com/news/regional/view/20110104judge_overturns_quincy_hit-and-run_decision/
Information Source 3:	"Judge admits error in hit-and-run conviction, By Dennis Tatz (staff), Patriot Ledger, November 4, 2010"
Information Location 3:	http://www.patriotledger.com/news/cops_and_courts/x307713624/Judge-admits-error-in-hit-and-run-conviction
Information Source 4:	"Mass. judge says he erred in conviction, Boston Herald, November 5, 2010"
Information Location 4:
Information Source 5:
Information Location 5:
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Paul Daley

Charge:

Leaving Fatal Accident Scene

Sentence:

1 year suspended sentence

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2010

Year Cleared:

2011

U.S. State or Country of Crime:

Massachusetts

County or Region of Crime:

Norfolk

City of Crime:

Quincy

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Judge erred by not requiring the prosecution to prove Paul Daley had criminal intent.

Innocence Proved By:

"Paul Daley's lawyer filed a post-conviction motion to overturn Daley's conviction, which Judge Fishman granted on January 3, 2011."

Defendant Aided By:

Attorney George McMahon

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

62

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Judge reverses own decision in hit-and-run death, By Dennis Tatz (staff writer), The Patriot-Ledger (Quincy, MA), January 4, 2011"

Information Location 1:

http://www.wickedlocal.com/quincy/news/x1112767390/Judge-reverses-own-decision-in-hit-and-run-death

Information Source 2:

"Judge overturns Quincy hit-and-run decision, Associated Press story, Boston Herald, January 4, 2011"

Information Location 2:

http://news.bostonherald.com/news/regional/view/20110104judge_overturns_quincy_hit-and-run_decision/

Information Source 3:

"Judge admits error in hit-and-run conviction, By Dennis Tatz (staff), Patriot Ledger, November 4, 2010"

Information Location 3:

http://www.patriotledger.com/news/cops_and_courts/x307713624/Judge-admits-error-in-hit-and-run-conviction

Information Source 4:

"Mass. judge says he erred in conviction, Boston Herald, November 5, 2010"

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

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