Wrongly Convicted Database Record

 

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Mary Ann Elizondo - Barbosa

 

Charge:

Child/Minor Sexual Assault

Sentence:

35 yrs

Years Imprisoned:

7.35

Year Crime:

1983

Year Convicted:

1984

Year Cleared:

2005

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Jefferson

City of Crime:

Port Arthur

Result:

Judicially Exonerated

Summary of Case:

"Mary Ann Elizondo was the codefendant of her husband Joe Elizondo. The two were wrongly convicted in 1984 of sexually assaulting Mary's two sons from a previous marriage based on their testimony the abuse took place. Mary was sentenced to 35 years in prison and Joe was sentenced to life in prison. Mary was released on parole in 1991 after 7 years imprisonment. In the mid-1990s Joe filed a writ of habeas corpus for a new trial based on the then young men's recantation of their accusations, that they asserted was coerced by their biological father. The recantations were deemed credible and the judge granted Joe's petition. The State appealed, and in 1996 the Texas Court of Criminal Appeals affirmed the ruling. Joe Elizondo was released in 1997 after 13 years of imprisonment. More than a decade after her release Mary filed a habeas petition citing her husband's case, that was granted in 2005. The Texas Court of Criminal Appeals affirmed the ruling on November 9, 2005. She is now known as Mary Ann Barbosa."

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

"$370,833.33 lump sum payment plus $5,208.99 monthly annuity pymt (State of Texas, 10-8-2008)"

Was Perpetrator Identified?

Age When Imprisoned:

28

Age When Released:

35

Sex:

Female

Skin/Ethnicity:

Hispanic

Information Source 1:

"Ex Parte Mary Ann Bienvenue, aka Mary Ann Elizondo, NOS. AP-75,295 & AP-75,296 (Ct of Criminal Appeals, 11-9-2005)"

Information Location 1:

http://www.cca.courts.state.tx.us/opinions/HTMLopinionInfo.asp?OpinionID=13308

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