Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
45 years |
Years Imprisoned: |
2 |
Year Crime: |
1988 |
Year Convicted: |
1990 |
Year Cleared: |
1991 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
Cook |
City of Crime: |
Chicago |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"David Dowaliby was convicted of murdering his adopted 7-year-old daughter Jaclyn in 1989 and he was sentenced to 45 years in prison. Cynthia Dowaliby was her husband's co-defendant but she was acquitted by a directed verdict of not guilty by the judge, even though the evidence against her was essentially the same evidence that resulted in his conviction. His conviction was based on an eyewitness placing him at the the scene where Jaclyn's body was found. The witness, Everett Mann, had previously been diagnosed with bipolar disorder, and he claimed to have seen Dowaliby from 75 yards away in an unlighted parking lot on a moonless night. In 1991 the Illinois Court of Appeals overturned his conviction on the basis the evidence against him had not been any more probative than the evidence against his wife upon which she was acquitted, therefore the jury's verdict was inconsistent with the evidence. After the Illinois Supreme Court declined to review the case, the State declined to retry him and the charges were dismissed and he was released in 1992 after two years in prison. He was helped by David Protess' journalism class at Northwestern University." |
Conviction Caused By: |
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Innocence Proved By: |
In 1991 the Illinois Court of Appeals overturned his conviction. The State declined to retry him and he was released after two years in prison. |
Defendant Aided By: |
Helped by David Protess' journalism class at Northwestern University |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
Center on Wrongful Convictions at Northwestern School of Law |
Information Location 1: |
http://www.law.northwestern.edu/depts/clinic/wrongful/exonerations/Dowaliby.htm |
Information Source 2: |
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Information Location 2: |
http://www.truthinjustice.org/crusaders.htm |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org