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Wrongly Convicted Database Record
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Charge: |
Arson and Burglary |
Sentence: |
10 to 25 years |
Years Imprisoned: |
7 |
Year Crime: |
1995 |
Year Convicted: |
1996 |
Year Cleared: |
2007 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Cuyahoga |
City of Crime: |
Cleveland |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jack M. Dempsey was wrongly convicted in 1996 of arson in the burning of a commercial building in Cleveland, Ohio on March 11, 1995. Dempsey was found unconscious in the basement of the building, and he was rushed to the hospital suffering from severe smoke inhalation, and toxicology testing discovered a large amount of morphine in his system. On December 11, 1995 Dempsey was indicted by a grand jury for one count of aggravated arson and one count of burglary. Dempsey declined a plea bargain offer for vandalism. The prosecution asserted that Dempsey broke into the building and was overcome by smoke after starting the fire. Dempsey testified in his own defense, which was that he was framed for the fire by being drugged and carried into the basement by the person or persons who started the fire. Dempsey was convicted by a jury of both charges on August 16, 1996, and he was sentenced to concurrent terms of 10-25 years in prison for arson and 3-15 years of burglary. Dempsey's conviction was affirmed on direct appeal, and he filed a post-conviction petition for a new trial based on the ineffective assistance of his trial counsel for failing "“to properly investigate, interview, locate, and present the testimony of material witnesses to corroborate the defense’s theory.” On May 5, 1999 the trial court denied Dempsey's petition, and the Ohio Ct. of Appeals affirmed that ruling, and the Ohio Supreme Court declined to review his case. Dempsey then filed a timely federal habeas corpus petition on October 21, 2001 that asserted a single ground in arguing for the vacating of his conviction and the ordering of a new trial: "Trial Counsel [wa]s ineffective under the Sixth and Fourteenth Amendments when counsel fails to properly investigate, interview, locate, and present the testimony of material witnesses who would have corroborated the defense’s theory and testimony of the Defendant." Dempsey was released on parole on August 18, 2003, and his parole terminated on August 30, 2004. In 2005, almost four years after filing his federal petition, U.S. District Court Judge Lesley Wells granted Dempsey's petition and vacated his conviction and ordered a new trial in ruling that: "Given the absence of any direct evidence that Mr. Dempsey carried out the crimes and the relatively weak evidence supporting the mes rea element of both offenses, Ms.Thomas’ failure to investigate, interview, and present testimony from witnesses which would have significantly bolstered defendant’s theory of the case undermines confidence in the jury’s verdict. Accordingly, this Court concludes that Mr. Dempsey received constitutionally ineffective assistance of counsel in violation of the Sixth Amendment." The State elected to retry Dempsey, and he was acquitted by a jury in 2007 after his retrial. On July 30, 2015 the Common Pleas Court of Cuyahoga County filed a judgment declaring that Dempsey was a "wrongfully convicted person," in a ruling that stated: "In fact, the sad truth appears to be that Dempsey was the victim of an attempted murder, and the individuals who placed him in the building and set the fire that nearly killed him have never been held accountable for their crimes." Based on that ruling, on October 22, 2015 Dempsey filed a compensation claim with the State of Ohio for his imprisonment in a state-run correctional facility from September 30, 1996 until August 18, 2003. On January 21, 2016 the Ohio Court of Claims approved a settlement between Dempsey and the State of Ohio awarding him total compensation of $337,433.98, with Dempsey to receive $178,603.20, and his lawyers Robert T. Glickman, Susan C. Stone and Danielle G. Garsonto to jointly receive $158,830.78." |
Conviction Caused By: |
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Innocence Proved By: |
"In 2005 U.S. District Court Judge Lesley Wells granted Dempsey's petition and vacated his conviction and ordered a new trial in ruling that: "Given the absence of any direct evidence that Mr. Dempsey carried out the crimes and the relatively weak evidence supporting the mes rea element of both offenses, Ms.Thomas’ failure to investigate, interview, and present testimony from witnesses which would have significantly bolstered defendant’s theory of the case undermines confidence in the jury’s verdict. Accordingly, this Court concludes that Mr. Dempsey received constitutionally ineffective assistance of counsel in violation of the Sixth Amendment." The State elected to retry Dempsey, and he was acquitted by a jury in 2007 after his retrial. " |
Defendant Aided By: |
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Compensation Awarded: |
"$178,603.20 (State of Ohio, 1-21-2016) (Dempsey received $178,603.20 and his lawyers received $158,830.78.)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
34 |
Age When Released: |
41 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Cleveland man wrongfully convicted in own murder plot settles lawsuit, By Cory Shaffer, February 2, 1016" |
Information Location 1: |
http://www.cleveland.com/metro/index.ssf/2016/02/cleveland_man_wrongfully_convi.html |
Information Source 2: |
"Jack M. Dempsey v. David Boddy, Warden, No. 1:01 CV 2443 (EDOH 8-21-2005) (Granting state prisoner's habeas petition and ordering a new trial.)" |
Information Location 2: |
https://www.gpo.gov/fdsys/pkg/USCOURTS-ohnd-1_01-cv-02443/pdf/USCOURTS-ohnd-1_01-cv-02443-0.pdf |
Information Source 3: |
"Jack Dempsey v. The State of Ohio, No. 2015-00909-WI (Ct of Claims of Ohio, 01/21/2016) (Notice of Judgment Certified)" |
Information Location 3: |
http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=160121001406339&Seq=1 |
Information Source 4: |
"Jack Dempsey v. The State of Ohio, No. 2015-00909-WI (Ct of Claims of Ohio, 01/13/2016) (Settlement Agreement and Release of All Claims)" |
Information Location 4: |
http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=160113001405296&Seq=1 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org