Wrongly Convicted Database Record

 

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Gustav Elmer

 

Charge:

Conspiracy to violate one or more laws.

Sentence:

Years Imprisoned:

2.75

Year Crime:

1940

Year Convicted:

1942

Year Cleared:

1945

U.S. State or Country of Crime:

New York - Federal Case

County or Region of Crime:

New York

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Wilbur V. Keegan, Herman Agne, Joseph Bachmaier, Josef Belohlavek, Carl Frederick Berg, Walter Borchers, Otto Bregler, Ernest Martin Christoph, Gustav Elmer, Otto Fentzke, Rev. John C. Fitting, August Klapprott, Bruno Knupfer, William C. Kunz, Gerhard Wilhelm Kunze, William Ottersbach, Max Rapp, Louis Schatz, Walter F. Schneller, Jr., Hermann Schwinn, Fritz Streuer, Hugo Weiss, Karl Richard Wendlandt, Otto Willumeit were 24 codefendants wrongly convicted in the U.S. District Court in Manhattan on September 17, 1942 of conspiring "to counsel divers persons to evade, resist and refuse service in the land and naval forces of the United States …" The 24 codefendants were all members of the German-American Bund. Their indictment alleged that the conspiracy began on January 1, 1940 and continued to the indictments issued in July and August 1942. After their joint trial and conviction by a jury, they were each sentenced to prison, and ordered to begin serving their sentences. They appealed, primarily arguing that the prosecution introduced insufficient evidence to prove their guilt beyond a reasonable doubt. On February 29, 1944 the U.S. Circuit Court of Appeal for the Second Circuit affirmed their convictions. The U.S. Supreme Court granted review of the Second Circuit's ruling. On June 11, 1945 a 5 to 4 majority of the U.S. Supreme Court reversed the convictions of all 24 codefendants on the basis the prosecution introduced insufficient evidence. The Court's ruling stated: "... the evidence and oral statements of the various petitioners at committee meetings and unit meetings of the Bund did not supply the basis for a finding, beyond a reasonable doubt, of counselling, or intending to counsel, or conspiring to counsel, evasion of military service within the meaning of § 11 of the statute. We are of the view, therefore, that, on the case made by the Government, the defendants were entitled to the direction of acquittal, for which they moved." Upon receipt of the Supreme Court's mandate the District Court entered an order for a judgment of acquittal for all the defendants, dismissed the indictments, and ordered discharge of the defendants from custody."

Conviction Caused By:

Innocence Proved By:

"On June 11, 1945 a 5 to 4 majority of the U.S. Supreme Court reversed the convictions of all 24 codefendants on the basis the prosecution introduced insufficient evidence. The Court's ruling stated: "... the evidence and oral statements of the various petitioners at committee meetings and unit meetings of the Bund did not supply the basis for a finding, beyond a reasonable doubt, of counselling, or intending to counsel, or conspiring to counsel, evasion of military service within the meaning of § 11 of the statute. We are of the view, therefore, that, on the case made by the Government, the defendants were entitled to the direction of acquittal, for which they moved.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Keegan v. United States, 325 US 478 (1945) (Vacating convictions of 24 codefendants based on insufficient evidence of their guilt.)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=13237033208960158785&q=+United+States+v.+Keegan+71+F.Supp.+623&hl=en&as_sdt=6,48"

Information Source 2:

"United States v. Keegan, 141 F. 2d 248 (2nd Cir. 1944) (Affirming convictions of all 24 codefendant)"

Information Location 2:

"https://scholar.google.com/scholar_case?case=7446020609109051181&q=+United+States+v.+Keegan+71+F.Supp.+623&hl=en&as_sdt=6,48"

Information Source 3:

"United States v. Keegan, 71 F. Supp. 623 (Dist. Ct, SD New York 1947) "

Information Location 3:

"https://scholar.google.com/scholar_case?case=5688620864541724535&q=+United+States+v.+Keegan+71+F.Supp.+623&hl=en&as_sdt=6,48"

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

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Book Information:

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

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