Wrongly Convicted Database Record

 

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James E. Dumas

 

Charge:

Drug Related (Possession or sale)

Sentence:

15 years

Years Imprisoned:

2.83

Year Crime:

2008

Year Convicted:

2009

Year Cleared:

2011

U.S. State or Country of Crime:

Illinois

County or Region of Crime:

Kane

City of Crime:

Elgin

Result:

Judicially Exonerated Released

Summary of Case:

"James E. Dumas was wrongly convicted in October 2009 of possession of a kilogram of cocaine with intent to deliver. On September 24, 2008 Dumas met an undercover police officer in the officer's car. The police officer handed Dumas a kilogram of cocaine, and after holding it for about 30 seconds he handed it back to the officer and left. Dumas told the officer he didn't have the money to buy the cocaine and he was concerned about its quality. After Dumas left the officer never saw him again. In January 2009 Dumas was arrested and charged with possession of the cocaine with intent to deliver. Dumas was convicted in October 2009 after a bench trial. In December 2009 he was sentenced to 15 years in prison. Dumas appealed, and in September 2011 the Illinois appeals court overturned his conviction. The appeals court ruled that, “The defendant’s conduct did not demonstrate an unequivocal agreement to complete the drug transaction,” and therefore he hadn't violated the law. Dumas was released in November 2011. Since his conviction was overturned based on insufficient evidence his retrial is barred by double jeopardy."

Conviction Caused By:

Judges erroneous interpretation of Illinois drug law about what constitutes possession with intent to deliver.

Innocence Proved By:

In September 2011 the Illinois appeals court overturned his conviction. Dumas was released in November 2011.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

35

Age When Released:

38

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Elgin man’s cocaine conviction, prison sentence overturned, By Harry Hitzeman, Daily Herald (Arlington Heights, IL), November 20, 2011"

Information Location 1:

http://www.dailyherald.com/article/20111120/news/711209860/

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

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