Wrongly Convicted Database Record

 

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Ben Dobbs

 

Charge:

Conspiracy to violate one or more laws.

Sentence:

5 years

Years Imprisoned:

1

Year Crime:

1949

Year Convicted:

1952

Year Cleared:

1957

U.S. State or Country of Crime:

California - Federal Case

County or Region of Crime:

Los Angeles

City of Crime:

Los Angeles

Result:

Judicially Exonerated

Summary of Case:

"Oleta O'Connor Yates, Henry Steinberg, Loretta Starvas Stack, Frank Efroim Spector, William Schneiderman, Al Richmond, Albert Jason Lima, Carl Rude Lambert, Rose Chernin Kusnitz, Ernest Otto Fox, Ben Dobbs, Dorothy Healey Connelly, Philip Marshall Connelly and Frank Carlson were 14 co-defendants convicted, after a jury trial in the United States District Court for the Southern District of California, upon a single count indictment charging them with conspiring (1) to advocate and teach the duty and necessity of overthrowing the Government of the United States by force and violence, and (2) to organize, as the Communist Party of the United States, a society of persons who so advocate and teach, all with the intent of causing the overthrow of the Government by force and violence as speedily as circumstances would permit. They were each held in custody on $50,000 bail when arrested after their indictment in July 1951. The trial lasted over a period of some six months, and the jury, before returning its verdicts, took six full days for deliberation. After their conviction pending sentencing the trial judge maintained their bail at $50,000 on the basis they would likely flee if released on lesser bail. Each defendant was sentenced to five years in prison. On March 17, 1955 the U.S. Ninth Circuit Court of Appeals affirmed the conviction and sentences of all 14 defendants. The U.S. Supreme Court granted certiorri on October 17, 1955. On June 17, 1957 the U.S. Supreme Court overturned the convictions of the 14 defendants on the basis that the government presented no evidence that any of the defendants committed an "overt" act, and didn't just organize and advocate which are protected by the First Amendment unless it poses a "clear and present danger." 'Yates v. United States, 354 US 298 (1957)"

Conviction Caused By:

Innocence Proved By:

"On June 17, 1957 the U.S. Supreme Court overturned the convictions of the 14 defendants on the basis that the government presented no evidence that any of the defendants committed an "overt" act, and didn't just organize and advocate."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Yates v. United States, 354 US 298 (1957)"

Information Location 1:

Information Source 2:

"Oleta O'Connor Yates, Henry Steinberg, Loretta Starvas Stack, Frank Efroim Spector, William Schneiderman, Al Richmond, Albert Jason Lima, Carl Rude Lambert, Rose Chernin Kusnitz, Ernest Otto Fox, Ben Dobbs, Dorothy Healey Connelly, Philip Marshall Connelly and Frank Carlson v. USA, 225 F.2d 146 (9th Cir. 1955) (Affirming conviction and sentences of all 14 defendants.)"

Information Location 2:

http://federal-circuits.vlex.com/vid/starvas-efroim-schneiderman-chernin-kusnitz-36652829

Information Source 3:

"United States v. Schneiderman, 102 F. Supp. 52 (S.D. Cal, Central Division, Nov 28, 1951) (Ordering pre-trial bail of $50,000 for each defendant.)"

Information Location 3:

https://casetext.com/case/united-states-v-schneiderman-5

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

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Book Information:

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

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