Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
13 |
Year Crime: |
1990 |
Year Convicted: |
1991 |
Year Cleared: |
2005 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Manitoba |
City of Crime: |
Winnipeg |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"James Driskell was wrongly convicted of murder in 1991. Driskell was identified as the woman's assailant by three hairs found in his truck that were identified as coming from the victim. In 2003 the hairs were DNA tested in the UK and none of the hairs came from the victim. Based on the new exculpatory evidence Driskell was released on bail in 2003 pending review of his case by Manitoba's Justice Minister. The murder charges dropped by Canada's Justice Minister in March 2005. In September 208 Driskell settled a malicious prosecution lawsuit for a total of CAN$4 million. The province of Manitoba was to pay CAN$2,390,000 and the city of Winnipeg was to pay CAN$1,610,000. Driskell's settlement was the equivalent of US$3,829,516 (exchange rate on Sept. 20, 2008) Driskell's mother was paid CAN$25,000 by the city of Winnipeg. However, a dispute over whether Manitoba's taxpayers or insurers should pay the CAN$2.39 million delayed payment, until Driskell agreed in December 2010 to a payment of CAN$970,000. That means he was paid a total of $2.58 million (Canadian) total. $1.61 million (Canadian) in September 2008 and CAN $970,000 (December 2010)" |
Conviction Caused By: |
Erroneous expert testimony about analysis of crime scene hairs matching Driskell. |
Innocence Proved By: |
Charges dismissed in March 2005 after 2003 DNA test proved the victim's hairs were not in Driskell's truck. |
Defendant Aided By: |
AIDWYC |
Compensation Awarded: |
"CAN$2.58 million total. $1.61 million (Canadian) in September 2008 and CAN $970,000 (December 2010)" |
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: |
"Rubin Carter, Joyce Milgaard call for new trial for Manitoba murder convict, Scott Edmonds, Canada News, March 17, 2003" |
Information Location 1: |
http://cnews.canoe.ca/CNEWS/Canada/2003/03/17/45024-cp.html |
Information Source 2: |
James Driskell - Free To Speak |
Information Location 2: |
http://www.canada.com/national/globalsunday/story.asp?id=3C30A39C-2998-4634-A2DE-0189525EFDBD |
Information Source 3: |
"Wrongfully Convicted, Driskell Now Holds His Head High, Kirk Makin, Globe and Mail, pg A3, March 4, 2005" |
Information Location 3: |
http://www.theglobeandmail.com/servlet/ArticleNews/TPStory/LAC/20050304/WRONGFUL04/TPNational/TopStories |
Information Source 4: |
"Wrongfully convicted manitoba man set to receive 4mil, By Bartley Kives, Winnipeg Free Press, September 19, 2008" |
Information Location 4: |
http://www.canada.com/topics/news/national/story.html?id=74f36a84-b7f2-4397-ad55-4c31b13ed672 |
Information Source 5: |
"Driskell getting $970G for wrongful conviction, By Paul Turenne (QMI Agency), Toronto Sun, January 18, 2010" |
Information Location 5: |
http://www.torontosun.com/news/canada/2011/01/18/16933351.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org