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Wrongly Convicted Database Record
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Charge: |
Sexual Assault (includes aggravated) |
Sentence: |
"6 months house arrest, 10 years probation, 300 hours community service, & $10,000 fine" |
Years Imprisoned: |
0.17 |
Year Crime: |
2010 |
Year Convicted: |
2013 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Bexar |
City of Crime: |
San Antonio |
Result: |
Judicially Exonerated |
Summary of Case: |
"Calvin Day was a dermatologist in San Antonio, Texas who was wrongly convicted on June 26, 2013 of sexually assaulting a patient. The prosecution's case was based on the complainant's testimony that Day lured her into a private area of his office called the “bat cave” where he groped her and exposed himself. There was no physical or eyewitness evidence the assault occurred. Day denied the allegation, and claimed that his accuser falsely accused him in order to extort money from him. Faced with a "he said, she said" case, the jury convicted Day. Day was sentenced to 6 months house arrest, 10 years probation, 300 hours community service, sex offender registration, & $10,000 fine. On August 26, 2013 Day's post-sentencing motion for a new trial was granted by State District Judge Ron Rangel based on the admission by his two trial attorneys that they were unable to adequately defend Day because of a conflict of interest with him that was created by First Assistant District Attorney Cliff Herberg, who announced in the middle of Day's trial that they were under investigation for felony witness tampering regarding a pre-trial meeting with Day's accuser. Judge Rangel immediately released Day from house arrest. Special prosecutor Charles Bunk, who had been assigned to take over Day's case because of conflict of interest by Herberg's office, filed a motion to dismiss the charges against Day that he was “unable to prove beyond a reasonable doubt, because complainant is unwilling to testify in retrial.” On December 18, 2015 Judge Rangel granted the motion. Day, who had been preparing for his retrial, had stated publicly that they were going to introduce evidence proving his accuser's financial motivation because she was paid $500,000 from a man in the 1980s “who now feels she took advantage of him,” and she has filed an “abnormally high number of insurance claims” — seven of them bodily injury claims." |
Conviction Caused By: |
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Innocence Proved By: |
"Special prosecutor Charles Bunk, who had been assigned to take over Day's case because of conflict of interest by Herberg's office, filed a motion to dismiss the charges against Day that he was “unable to prove beyond a reasonable doubt, because complainant is unwilling to testify in retrial.” On December 18, 2015 Judge Rangel granted the motion." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
62 |
Age When Released: |
62 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Special prosecutor drops sexual assault charge against doctor, By Guillermo Contreras, San Antonio Express-News, December 18, 2015" |
Information Location 1: |
http://www.expressnews.com/news/local/article/Special-prosecutor-drops-sexual-assault-charge-6708543.php |
Information Source 2: |
"Doctor getting new trial in alleged assault, By Craig Kapitan, mysanantonio.com, August 27, 2013" |
Information Location 2: |
http://www.mysanantonio.com/news/local/article/Doctor-getting-new-trial-in-alleged-assault-4762228.php |
Information Source 3: |
Dr. Calvin Day Is Innocent Website |
Information Location 3: |
http://www.drcalvindayisinnocent.com/ |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org