|
Wrongly Convicted Database Record
|
Charge: |
First Degree Murder |
Sentence: |
30 years |
Years Imprisoned: |
13 |
Year Crime: |
1990 |
Year Convicted: |
1999 |
Year Cleared: |
2004 |
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: |
"Elizabeth Ehlert was twice wrongly convicted of first-degree murder in the 1990 death of her newborn child. On August 21, 1990 Ehlert gave birth in her bedroom, in the Chicago, Illinois home she shared with her two sons, her father, and her fiance, Steven King. Two days later employees of the Salt Creek Park District discovered the baby's corpse in a lake near Ehlert's home. There was no direct, eyewitness, or confession evidence that Ehlert's child was alive when born. Ehlert was charged with first-degree murder based on the prosecution's theory that circumstantial evidence proved that after she gave birth, she killed her child. In 1993 she was convicted of first-degree murder by a jury. During her sentencing hearing in March 1993 the Cook County State's Attorney's Office sought the death penalty, but the judge sentenced her to 58 years in prison. On August 25, 1995 the Illinois Court of Appeal reversed Ehlert's conviction and ordered a new trial based on the trial judge's prejudicial error of allowing the prosecution to admit irrelevant and highly prejudicial evidence that Ehlert had two abortions. She waived a jury trial for her retrial. In 1999 following a bench trial the judge found her guilty of first-degree murder and sentenced her to 30 years in prison. On November 18, 2002 the Illinois Court of Appeal vacated Ehlert's conviction on the basis the prosecution introduced insufficient evidence to prove beyond a reasonable doubt that Ehlert caused her child's death, because the could have been still-born. On May 20, 2004 the Illinois Supreme Court affirmed the Appeals Court's ruling, and vacated her conviction. The Court stated: "The State's evidence of criminal agency resulting in death was simply insufficient. This court cannot affirm a conviction based on speculation and conjecture. Accordingly, we affirm the judgment of the appellate court reversing defendant's conviction of murder." The murder charge was subsequently dismissed and Ehlert was released on June 24, 2004, after 13 years of wrongful imprisonment." |
Conviction Caused By: |
|
Innocence Proved By: |
"On May 20, 2004 the Illinois Supreme Court vacated Ehlert's conviction, ruling that the prosecutors had failed ot prove during her trial that she was the cause of her child's death. Ehlert was released on June 24, 2004, after 13 years of wrongful imprisonment." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
32 |
Age When Released: |
45 |
Sex: |
Female |
Skin/Ethnicity: |
|
Information Source 1: |
"People v. Ehlert, 811 NE 2d 620, 211 Ill. 2d 192, 285 Ill. Dec. 133 (Ill. Supreme Court, 2004) (Affirming Ct. of Appeals ruling vacating conviction based on insufficient evidence Ehlert caused her child's death.)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=18204776305190914786&q=Elizabeth+Ehlert&hl=en&as_sdt=6,48" |
Information Source 2: |
"People v. Ehlert, 781 NE 2d 500, 335 Ill. App.3d 467, 269 Ill.Dec. 703 (Ill. Appellate Court, 1st Dist., 1st Div. 2002) (Vacating conviction based on insufficient evidence to prove beyond a reasonable doubt that Ehlert caused her child's death, and ordering dismissal of charges.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=5235736008849786734&q=Elizabeth+Ehlert&hl=en&as_sdt=6,48" |
Information Source 3: |
"People v. Ehlert, 654 NE 2d 705, 274 Ill.App.3d 1026, 211 Ill.Dec. 243 (Ill. Appellate Court, 1st Dist., 5th Div. 1995) (Reversing conviction based on trial judge's erroneous admission of evidence about Ehlert's two abortions, and ordering a retrial.)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=8586449633623569327&q=Elizabeth+Ehlert&hl=en&as_sdt=6,48" |
Information Source 4: |
"Conviction Overturned, Woman Released, Associated Press (Lincoln, IL), Lancaster Intelligencer Journal, June 25, 2004" |
Information Location 4: |
http://www.lancasteronline.com/pages/news/ap/4/conviction_overturned |
Information Source 5: |
"Killing Their Young, By Dashka Slater, Legal Affairs (magazine), September/October 2004" |
Information Location 5: |
http://www.legalaffairs.org/issues/September-October-2004/story_slater_sepoct04.msp |
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org