Wrongly Convicted Database Record

 

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Heather Dragotta

 

Charge:

Reckless Endangerment

Sentence:

2 years in prison with 22 months suspended pending 5 years of probation

Years Imprisoned:

0.13

Year Crime:

2010

Year Convicted:

2013

Year Cleared:

2017

U.S. State or Country of Crime:

Massachusetts

County or Region of Crime:

Essex

City of Crime:

North Andover

Result:

Judicially Exonerated

Summary of Case:

"Heather Dragotta was wrongly convicted on October 24, 2013 of one count of wantonly or recklessly permitting another person to commit an assault and battery that resulted in bodily injury to her infant daughter Autumn at her home in North Andover, Massachusetts on June 3, 2010. Dragotta's prosecution was based on several fractures and a head injury inflicted on 5-1/2 week old Autumn by Dragotta's boyfriend, Steven Amos, when she was in his sole custody while Dragotta took a shower. On October 1, 2010 Amos was indicted with multiple counts of assault and battery on a child, and Dragotta was indicted for acting wantonly and recklessly for leaving her daughter in her boyfriend's care. Dragotta and Amos waived their right to a jury trial. During their trial Dr. Paul Kleinman, a pediatric radiologist and child abuse expert with Children’s Hospital in Boston, testified that Autumn's fractures were "inflicted." Amos admitted in his police statement that he inflicted the injuries, but he did so unintentionally, and Dragotta denied having any reason to believe that Autumn wouldn't be safe with Amos. After a week-long trial Superior Court Judge Richard Welch found Dragotta and Amos guilty of all charges. On November 5, 2013 Dragotta was sentenced to two years in prison, with two months to be served in prison and the remaining 22 months suspended pending good behavior during five years of probation. Amos was sentenced to 1 to 3 years in prison to be followed by 3 years probation. On Novemer 19, 2013 Dragotta appealed her conviction. On February 25, 2016 the Massachusetts Court of Appeal affirmed Dragotta's conviction. She petitioned for discretionary review by the Massachusetts Supreme Judicial Court, which on September 19, 2016 agreed to review her conviction. The Court held oral arguments were held on December 6, 2016. On March 21, 2017 the Massachusetts Supreme Judicial Court reversed Dragotta's conviction on the basis the prosecution introduced insufficient evidence to prove the essential element that she acted wantonly or recklessly. The Court's ruling stated: "The evidence was not sufficient as a matter of law to find that her conduct involved a high degree of likelihood that substantial harm would result. Therefore, her conviction of wantonly or recklessly permitting an assault and battery on the victim cannot be sustained." (Commonwealth v. Dragotta, No. 12186 (Mass. Supreme Judicial Ct., 3-21-2017))"

Conviction Caused By:

Innocence Proved By:

"On March 21, 2017 the Massachusetts Supreme Judicial Court reversed Dragotta's conviction on the basis the prosecution introduced insufficient evidence to prove the essential element that she acted wantonly or recklessly. The Court's ruling stated: "The evidence was not sufficient as a matter of law to find that her conduct involved a high degree of likelihood that substantial harm would result. Therefore, her conviction of wantonly or recklessly permitting an assault and battery on the victim cannot be sustained." (Commonwealth v. Dragotta, No. 12186 (Mass. Supreme Judicial Ct., 3-21-2017))"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Commonwealth v. Dragotta, No. 12186 (Mass. Supreme Judicial Ct., 3-21-2017) (Reversing conviction based on prosecution's failure to introduce sufficient evidence to prove the essential element that Dragotta acted recklessly.)"

Information Location 1:

http://www.mass.gov/courts/docs/sjc/reporter-of-decisions/new-opinions/12186.pdf

Information Source 2:

"Judge locks up convicted child abusers, By Paul Tennant, Newburyport Daily News, Nov 6, 2013"

Information Location 2:

http://www.newburyportnews.com/news/local_news/judge-locks-up-convicted-child-abusers/article_6241f1e1-5d5b-5fd7-9fd5-2d306ad8f467.html

Information Source 3:

"Accused baby abusers found guilty, By Jill Harmacinski, Eagle-Tribune, Oct 25, 2013"

Information Location 3:

http://www.eagletribune.com/news/accused-baby-abusers-found-guilty/article_60281209-c63b-581e-9b1e-961f05b293c7.html

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

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