William DePalma

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Charge:	Bank Robbery (incld. Armed)
Sentence:	15 years
Years Imprisoned:	2.33
Year Crime:	1968
Year Convicted:	1969
Year Cleared:	1974
U.S. State or Country of Crime:	California - Federal Case
County or Region of Crime:	Los Angeles
City of Crime:	Buena Park
Result:	Judicially Exonerated
Summary of Case:	"William DePalma was wrongly convicted in 1969 in federal court of robbing a bank in Buena Park, CA of $2,400 on November 28, 1968. DePalma's alibi defense was that at the time of the crime he was working 18 miles away selling food from a catering truck, and his alibi was supported by the testimony of more than a dozen witnesses. However, the prosecution countered that with the testimony of a fingerprint expert who testified that DePalma's fingerprint was found on a counter at the bank, and two bank employees identified DePalma as the robber. DePalma was convicted and sentenced to 15 years in prison. DePalma was allowed to remain free pending his appeal. After his conviction was affirmed by the federal 9th Circuit Court of Appeals and the US Supreme Court declined to accept his case for review, he began serving his sentence in August 1971 at McNeil Island Federal Penitentiary near Tacoma, Washington. While imprisoned DePalma obtained documents proving the prosecution had failed to disclose that the teller who had been robbed did not identify him as the robber when shown his photo 10 days after the robbery. The teller then identified him as the robber during his trial. DePalma filed a writ of habeas corpus seeking a new trial based on the prosecution's Brady violation of failing to disclose the exculpatory evidence the teller had been unable to identify him 10 days after the robbery, and also on the ground that his employer had been with him 18 miles from the robbery at the time it occurred, but he had not been able to testify at his trial because he was out of the country. DePalma's habeas petition was denied by the trial court, and The federal 9th Circuit Ct of Appeals affirmed that denial in May 1972. DePalma was paroled in December 1973 after serving 2 years and 4 months in prison. Two months later, in February 1974, John Bond, a private investigator hired by DePalma, discovered proof that his fingerprint allegedly found at the scene of the crime had been manufactured by Buena Park policeman James Bakken. Based on that new evidence DePalma conviction was set aside in February 1974, and he filed a $5.3 million federal civil rights lawsuit (42 USC 1983) against the policeman, and a seperate lawsuit against the City of Buena Park. On August 12, 1975, the day a joint trial was scheduled to begin for the two lawsuits, it was announced that DePalma had agreed to a settlement of $750,000. At the time it was believed to be the largest settlement of a civil rights lawsuit related to a wrongful conviction in U.S. history."
Conviction Caused By:	Erroneous eyewitness testimony by two bank tellers and a fake crime scene fingerprint manufactured by a Buena Park police officer.
Innocence Proved By:	DePalma conviction was set aside in February 1974 based on new evidence his fingerprint had been faked by a Buena Park police officer.
Defendant Aided By:
Compensation Awarded:	"$750,000 (City of Buena Park, Aug 1975)"
Was Perpetrator Identified?
Age When Imprisoned:	33
Age When Released:	35
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"He Fought 8 Years To Clear Name, AP story, Evening Independent (St Petersburg, FL), August 13, 1975"
Information Location 1:
Information Source 2:	"Wrongly convicted man get 750K, Lewiston Daily Sun, August 14, 1975"
Information Location 2:
Information Source 3:	"USA v. William Depalma, 461 F.2d 240 (9th Cir. 05-04-1972)"
Information Location 3:	http://law.justia.com/cases/federal/appellate-courts/F2/461/240/400620/
Information Source 4:	"USA v. William Depalma, 414 F.2d 394 (9th Cir. 08-06-1969)"
Information Location 4:	http://law.justia.com/cases/federal/appellate-courts/F2/414/394/84504
Information Source 5:
Information Location 5:
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William DePalma

Charge:

Bank Robbery (incld. Armed)

Sentence:

15 years

Years Imprisoned:

2.33

Year Crime:

1968

Year Convicted:

1969

Year Cleared:

1974

U.S. State or Country of Crime:

California - Federal Case

County or Region of Crime:

Los Angeles

City of Crime:

Buena Park

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Erroneous eyewitness testimony by two bank tellers and a fake crime scene fingerprint manufactured by a Buena Park police officer.

Innocence Proved By:

DePalma conviction was set aside in February 1974 based on new evidence his fingerprint had been faked by a Buena Park police officer.

Defendant Aided By:

Compensation Awarded:

"$750,000 (City of Buena Park, Aug 1975)"

Was Perpetrator Identified?

Age When Imprisoned:

33

Age When Released:

35

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"He Fought 8 Years To Clear Name, AP story, Evening Independent (St Petersburg, FL), August 13, 1975"

Information Location 1:

Information Source 2:

"Wrongly convicted man get 750K, Lewiston Daily Sun, August 14, 1975"

Information Location 2:

Information Source 3:

"USA v. William Depalma, 461 F.2d 240 (9th Cir. 05-04-1972)"

Information Location 3:

http://law.justia.com/cases/federal/appellate-courts/F2/461/240/400620/

Information Source 4:

"USA v. William Depalma, 414 F.2d 394 (9th Cir. 08-06-1969)"

Information Location 4:

http://law.justia.com/cases/federal/appellate-courts/F2/414/394/84504

Information Source 5:

Information Location 5:

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Book Information (2):

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