Joshua Dowholis

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Charge:	Sexual Assault and Confinement
Sentence:	6 years
Years Imprisoned:	2.5
Year Crime:
Year Convicted:	2013
Year Cleared:	2017
U.S. State or Country of Crime:	Canada
County or Region of Crime:	Ontario
City of Crime:	Toronto
Result:	Judicially Exonerated
Summary of Case:	"Joshua Dowholis was wrongly convicted on September 27, 2013 of three counts of sexual assault and two counts of forcible confinement in Toronto, Ontario, Canada. Dowholis' prosecution was based on the allegation that at a Toronto bathhouse he smoked crystal meth with four men who he then sexually assaulted, and confined two of them. Dowholis' defense was the sex was consensual and he didn't confine any of the men during the incidents that occurred on the same day. After his conviction by a jury Dowholis was sentenced to six years in prison. Dowholis appealed. He argued that the jury foreperson lied when during the voir dire he answered "I do not," in response to the question, "do you have a bias against homosexuals." The juror was a producer of a Toronto radio program -- "The Dean Dundell Show" -- and during Dowholis' trial he twice appeared on the program and made derogatory comments about sexual activity about men and he mocked the juror's oath to abide by the law. On October 31, 2016 the Ontario Court of Appeals quashed Dowholis' conviction based on the juror's "derisive comments" and "expressed disgust" about the lifestyles of Dowholis and the complainants. Writing for the majority, Justice Mary Lou Benotto wrote: "“Such comments have no place in a fair and impartial justice system. The reasonable observer would expect that a person who comes before the courts would be treated with dignity and respect and not be publicly ridiculed by the person judging him. I conclude that a reasonable person, knowing all the facts, would apprehend that consciously or unconsciously it was more likely than not that this juror would not decide fairly." During a hearing on January 6, 2017 the Crown Prosecution Service informed the trial court it would not retry Dowholis and was staying his prosecution. Dowholis was released on parole in 2016, so his parole was terminated."
Conviction Caused By:	Juror misconduct and lying about not being biased against homosexuals.
Innocence Proved By:	"On October 31, 2016 the Ontario Court of Appeals quashed Dowholis' conviction based on the juror's "derisive comments" and "expressed disgust" about the lifestyles of Dowholis and the complainants. Writing for the majority, Justice Mary Lou Benotto wrote: "“Such comments have no place in a fair and impartial justice system. The reasonable observer would expect that a person who comes before the courts would be treated with dignity and respect and not be publicly ridiculed by the person judging him. I conclude that a reasonable person, knowing all the facts, would apprehend that consciously or unconsciously it was more likely than not that this juror would not decide fairly.” During a hearing on January 6, 2017 the Crown Prosecution Service informed the trial court it would not retry Dowholis and was staying his prosecution."
Defendant Aided By:	Attorney Jill Presser
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"Charges stayed for man mocked by juror on radio, By Michele Mandel, Toronto Sun, January 6, 2017"
Information Location 1:	http://www.torontosun.com/2017/01/06/charges-stayed-for-man-mocked-by-juror-on-radio
Information Source 2:	"R. v. Dowholis, 2016 ONCA 801 (Ontario Ct. of Appeals, 10-31-2016) (Quashed conviction based on juror misconduct.)"
Information Location 2:	http://www.ontariocourts.ca/decisions/2016/2016ONCA0801.htm
Information Source 3:	"New trial for man after juror gave radio interviews during original proceeding, By News Staff and Diana Mehta, The Canadian Press, Oct 31, 2016"
Information Location 3:	http://www.citynews.ca/2016/10/31/new-trial-man-juror-gave-radio-interviews-original-proceeding/
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Joshua Dowholis

Charge:

Sexual Assault and Confinement

Sentence:

6 years

Years Imprisoned:

2.5

Year Crime:

Year Convicted:

2013

Year Cleared:

2017

U.S. State or Country of Crime:

Canada

County or Region of Crime:

Ontario

City of Crime:

Toronto

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Juror misconduct and lying about not being biased against homosexuals.

Innocence Proved By:

Defendant Aided By:

Attorney Jill Presser

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Charges stayed for man mocked by juror on radio, By Michele Mandel, Toronto Sun, January 6, 2017"

Information Location 1:

http://www.torontosun.com/2017/01/06/charges-stayed-for-man-mocked-by-juror-on-radio

Information Source 2:

"R. v. Dowholis, 2016 ONCA 801 (Ontario Ct. of Appeals, 10-31-2016) (Quashed conviction based on juror misconduct.)"

Information Location 2:

http://www.ontariocourts.ca/decisions/2016/2016ONCA0801.htm

Information Source 3:

"New trial for man after juror gave radio interviews during original proceeding, By News Staff and Diana Mehta, The Canadian Press, Oct 31, 2016"

Information Location 3:

http://www.citynews.ca/2016/10/31/new-trial-man-juror-gave-radio-interviews-original-proceeding/

Information Source 4:

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