Oswind David

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Charge:	Assault (First degree)
Sentence:	23 years
Years Imprisoned:	4.5
Year Crime:	2005
Year Convicted:	2006
Year Cleared:	2011
U.S. State or Country of Crime:	New York
County or Region of Crime:	Kings
City of Crime:	New York City
Result:	Judicially Exonerated
Summary of Case:	"Oswind David was wrongly convicted in December 2006 of first-degree assault related to an incident outside a relatives home in 2005 in Brooklyn, New York. After his conviction by a jury David was sentenced to a total of 23 years in prison. David's direct appeal was denied. Lawyer Rita Dave agreed to handle David's post-conviction appeal pro bono, and discovered that the King County DA's Office commented in a brief that the first-degree assault charges had been dismissed in the spring of 2006 six months prior to his trial. After verifying that the charges had in fact been dismissed, Daivid filed a petition to vacate his conviction on the basis he was convicted of dismissed assault charges, so he was tried and convicted of a non-existent charge. Over the opposition of the Kings County DA's Office, on May 24, 2011 a New York appellate court judge agreed a person cannot be held in prison on charges that don't legally exist, and ordered David's release. David was released on May 25, 2011."
Conviction Caused By:
Innocence Proved By:	"On May 24, 2011 a New York appellate court judge agreed a person cannot be held in prison on charges that don't legally exist, and ordered David's release."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	27
Age When Released:	31
Sex:	Male
Skin/Ethnicity:	Black
Information Source 1:	"Wrongly convicted man ordered released, By Sarah Wallace (reporter), WABC-TV, New York, May 26, 2011"
Information Location 1:	http://abclocal.go.com/wabc/story?section=news/investigators&id=8154481
Information Source 2:	"Investigation: Charged dismissed, but still in jail, By Sarah Wallace (reporter), WABC-TV, New York, May 24, 2011"
Information Location 2:	http://abclocal.go.com/wabc/story?section=news/investigators&id=8147937
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Oswind David

Charge:

Assault (First degree)

Sentence:

23 years

Years Imprisoned:

4.5

Year Crime:

2005

Year Convicted:

2006

Year Cleared:

2011

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On May 24, 2011 a New York appellate court judge agreed a person cannot be held in prison on charges that don't legally exist, and ordered David's release."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

27

Age When Released:

31

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Wrongly convicted man ordered released, By Sarah Wallace (reporter), WABC-TV, New York, May 26, 2011"

Information Location 1:

http://abclocal.go.com/wabc/story?section=news/investigators&id=8154481

Information Source 2:

"Investigation: Charged dismissed, but still in jail, By Sarah Wallace (reporter), WABC-TV, New York, May 24, 2011"

Information Location 2:

http://abclocal.go.com/wabc/story?section=news/investigators&id=8147937

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Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: