Wrongly Convicted Database Record

 

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Tyrone C. Ellington

 

Charge:

Rape and Kidnapping (abduction)

Sentence:

Life imprisonment

Years Imprisoned:

3.1

Year Crime:

1988

Year Convicted:

1989

Year Cleared:

1991

U.S. State or Country of Crime:

Ohio

County or Region of Crime:

Mahoning

City of Crime:

Struthers

Result:

Judicially Exonerated

Summary of Case:

"Tyrone C. Ellington was wrongly convicted on January 29, 1989 of rape and kidnapping in the abduction of a 10-year-old boy from Yellow Creek Park in Struthers, Ohio. Tyrone Ellington was prosecuted based on testimony by the boy that he was his assailant. The boy, who was white, initially identified the black Ellington from a live line-up. Tyrone Ellington was sentenced to life in prison by Judge Elwyn Jenkins after his conviction by a jury in the Mahoning County Court of Common Pleas. Ellington filed a post-conviction motion for a new trial based on evidence suggesting the boy's attacker was Johnny Lee Jones, who had been arrested for the rape of two young white boys in April and August 1989 in Youngstown, Ohio. Jones, who also had a conviction for rape, resembled Ellington. Ellington's lawyer also obtained statements from the boy's mother that the boy had expressed doubts after the line-up that Ellington was his attacker, but the police officers assured her that he was the attacker. The boy provided a statement that the police told him he had to pick one of the five men in the line-up and that he had physical differences from his assailant and his glasses were different. Judge Jenkins denied Ellington's motion. Ellington appealed. The Ohio Court of Appeals reversed Jenkins ruling and ordered an evidentiary hearing. Judge Jenkins retired so the case was assigned to a new judge. During the hearing the boy's mother testified the police told her Ellington was her son's assailant, and the boy testfied Ellington was not his assailant. The prosecution elected not to present any evidence, and instead submitted a motion to vacate Ellington's convictions, which was granted on September 19, 1991. After the charges were dismissed Ellington was freed. Ellington filed a lawsuit under Ohio's wrongful imprisonment compensation statute. On January 29, 1993 the Ohio Court of Claims awarded Ellington $65,736.33 in compensation. Ellington also filed a federal civil rights lawsuit against the City of Struther's Police Department and other defendants, which was settled for an undisclosed amount in 1994."

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

"$65,736.33 (State of Ohio, 1-29-1993). Undisclosed amount (City of Struthers, 1994)"

Was Perpetrator Identified?

Age When Imprisoned:

31

Age When Released:

34

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Tyrone C. Ellington v. State of Ohio, No. 1992-04113 WI (Ohio Court of Claims, 1/29/1993 (Granting judgment of $65,736.33)"

Information Location 1:

http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/casedetail.htm?caseno=199204113

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

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