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Wrongly
Convicted Database
Record
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Years
Imprisoned:
|
13.5 |
Charge: |
Second Degree Murder |
Sentence: |
25 years to life in prison |
Year Convicted: |
1994 |
Year
Cleared:
|
2008 |
Location
of Trial:
|
New York |
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." |
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."
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Defendant
Aided By:
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Buffalo PD cold case detective Dennis A. Delano. |
Compensation Awarded: |
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Was Perpetrator Found? |
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Age
When Imprisoned:
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31 |
Age
When Released:
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44 |
Information Source 1: |
Imprisoned mother exonerated in daughter's death, AP story, Seattle Post-Intelligencer, February 14, 2008, p. A11. |
Information
Location 1:
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Information
Source 2:
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DeJac Peters sues police, county for $30 million, By Lou Michel and Dan Herbeck (staff writers), Buffalo News, November 24, 2010 |
Information
Location 2:
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http://www.buffalonews.com/city/article264276.ece |
Information
Source 3:
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Location 3:
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Source 4:
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Location 4:
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Source 5:
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Information
Location 5:
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Ethnicity/Skin:
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White |
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About
Case:
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Information:
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Comments About Case: |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org