Wrongly Convicted Database Record

 

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Lynn M. DeJac

 

Charge:

Second Degree Murder

Sentence:

25 years to life in prison

Years Imprisoned:

13.5

Year Crime:

1993

Year Convicted:

1994

Year Cleared:

2008

U.S. State or Country of Crime:

New York

County or Region of Crime:

Erie

City of Crime:

Buffalo

Result:

Judicially Exonerated Released

Summary of Case:

"Lynn M. DeJac was wrongly convicted in 1994 of second-degree murder for allegedly strangling her 13-year-old daughter in 1993 after a night of heavy drinking. The prosecution's primary evidence was expert testimony that 13-year-old Crystallynn Girard died from strangulation. Lynn DeJac was sentenced to 25 years to life in prison. In September 2007 DNA tests found the DNA of DeJac's former boyfriend, Dennis P. Donohue in the teenager's body and bed. Based on the new evidence DeJac's conviction was overturned on November 28, 2007, and she was released later that day. The Erie County District Attorney was planning to retry Lynn DeJac when the prosecution's forensic experts discovered that the girl had actualy died of "acute cocaine intoxication," and she had in fact not been strangled. Based on the new evidence, On February 13, 2008, Erie County District Attorney Frank J. Clark announced the charges were being dismissed against DeJac. Lynn DeJac was wrongly imprisoned for 13 years, 7 months, and 8 days. The evidence suggests Dennis P. Donohue may have committed the crime, but he was given immunity for his testimony before the grand jury, so he can't be prosecuted. In 2008 DeJac filed a claim against the State of New York for almost $14.5 million. On November 23, 2010, DeJac (now Lynn DeJac Peters) filed a $30 million dollar federal civil rights lawsuit that names Erie County, former District Attorney Frank J. Clark and former Deputy District Attorney Joseph J. Marusak, the City of Buffalo and the Buffalo Police Department as defendants. DeJac also filed a claim for compensation with the New York State Court of Claims, and on November 13, 2012 it was announced DeJac settled with the State for $2.7 million. Lynn Dejac Peters died of cancer on June 18, 2014 at the age of 50. It was announced in October 2015 that DeJac's estate had agreed to a settlement of her federal lawsuit for Erie County to pay $1.875 million and the City of Buffalo to pay $735,000 to her estate."

Conviction Caused By:

Erroneous expert medical testimony that 13-year-old Crystallynn Girard died from strangulation.

Innocence Proved By:

"The prosecutors were planning to retry Lynn DeJac when the prosecution's forensic experts discovered that the girl had actualy died of "acute cocaine intoxication," and had in fact not been strangled. Based on the new evidence, on February 13, 2008 the Erie County District Attorney dismissed the charges against DeJac."

Defendant Aided By:

Buffalo PD cold case detective Dennis A. Delano.

Compensation Awarded:

"$5,310,000 total. $2.7 million (State of New York, Nov. 13, 2012), $1.875 million (Erie County, Oct. 2015), and $735,000 (City of Buffalo, Oct. 2015)"

Was Perpetrator Identified?

Age When Imprisoned:

31

Age When Released:

44

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Imprisoned mother exonerated in daughter's death, AP story, Seattle Post-Intelligencer, February 14, 2008, p. A11."

Information Location 1:

Information Source 2:

"DeJac Peters sues police, county for $30 million, By Lou Michel and Dan Herbeck (staff writers), Buffalo News, November 24, 2010"

Information Location 2:

http://www.buffalonews.com/city/article264276.ece

Information Source 3:

"NY woman to get $2.7 M for wrongful conviction, By Craolyn Thompson (AP writer), Goerie.com, November 13, 2012"

Information Location 3:

http://hosted2.ap.org/PAERI/APOdd/Article_2012-11-13-Mother%20Exonerated/id-90fcf5ba74e84032943b70c8d8c2807b

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

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