Oakley Bernard Engesser

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Charge:	Manslaughter
Sentence:	25 years
Years Imprisoned:	12.17
Year Crime:	2000
Year Convicted:	2001
Year Cleared:	2015
U.S. State or Country of Crime:	South Dakota
County or Region of Crime:	Meade
City of Crime:	Sturgis
Result:	Judicially Exonerated
Summary of Case:	"Oakley Bernard Engesser, who goes by the nickname Bernie, was wrongly convicted on August 30, 2001 of vehicular homicide for the death of his female friend and two counts of vehicular battery for injuries suffered by the occupants of a vehicle struck on I-90 outside of Sturgis, South Dakota by the Corvette in which Engesser was a passenger. There was no testimony during Engesser's trial by anyone that they saw him driving the Corvette, so his conviction was based on the testimony of the South Dakota State Trooper at the scene that although he didn't see Engesser in the driver's seat, he believed that the circumstances of the crash supported he was the driver. After his conviction by a jury Engesser was sentenced to 25 years in prison. Based on new evidence corroborating his trial defense that he was the passenger in the vehicle, Engesser filed a state post-conviction habeas corpus petition for a new trial. After an evidentiary hearing was held during which the judge heard testimony regarding Engesser's new evidence, in October 2013 Engesser's petition was granted and a new trial ordered. The court's ruling stated regarding Engesser's new evidence a woman was driving Corvette at the time of the crash, "Dasalla's testimony that she saw a woman driving the red Corvette on Interstate 90 immediately prior to the accident in which Dorothy Finley died is accurate and true." The State appealed the ruling. On November 12, 2014 the South Dakota Supreme Court affirmed the lower court's ruling reversing Engesser's conviction and ordering a new trial. On January 7, 2015 South Dakota Attorney General Marty Jackley announced that considering the new evidence Oakley Engessar would not be retried. In June 2015 Engesser filed a $20 federal civil rights lawsuit that named the South Dakota Highway Patrol trooper who testified at his trial and his supervisor, the State of South Dakota, and others as defendants."
Conviction Caused By:
Innocence Proved By:	"On November 12, 2014 the South Dakota Supreme Court affirmed the lower court's reversal in October 2013 of Engessar's conviction and ordering a new trial. On January 7, 2015 South Dakota Attorney General Marty Jackley announced that considering the new evidence Engessar would not be retried."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	41
Age When Released:	53
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Engesser v. Young, 2014 SD 81, 856 NW 2d 471 (SD Supreme Court 11-12-2014) (Affirming lower court's order reversing conviction)"
Information Location 1:	"http://scholar.google.com/scholar_case?case=4446443360399312676&q=Engesser+v.+Young,+2014+SD+81&hl=en&as_sdt=6,48"
Information Source 2:	"Oakley Engesser, man whose crash conviction was overturned, files $20M suit, By Associated Press, Rapid City Journal (Rapid City, SD), June 11, 2015"
Information Location 2:	http://rapidcityjournal.com/news/local/oakley-engesser-man-whose-crash-conviction-was-overturned-files-m/article_cbe81b34-fc0c-5b75-8a6e-705ebd868caa.html
Information Source 3:	"Attorney General to not pursue second trial on Engesser, blackhillsfox.com, January 7, 2015"
Information Location 3:	http://www.blackhillsfox.com/home/headlines/Attorney-General-to-not-pursue-second-trial-on-Engesser-287858391.html
Information Source 4:	"Engesser v. Fox et al, No. 5-15-cv-05044-JLV (SD Dist. Ct.) (42 USC 1983 Complaint filed 6-11-2015, demanding damages of $20 mil.)"
Information Location 4:
Information Source 5:
Information Location 5:
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Oakley Bernard Engesser

Charge:

Manslaughter

Sentence:

25 years

Years Imprisoned:

12.17

Year Crime:

2000

Year Convicted:

2001

Year Cleared:

2015

U.S. State or Country of Crime:

South Dakota

County or Region of Crime:

Meade

City of Crime:

Sturgis

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On November 12, 2014 the South Dakota Supreme Court affirmed the lower court's reversal in October 2013 of Engessar's conviction and ordering a new trial. On January 7, 2015 South Dakota Attorney General Marty Jackley announced that considering the new evidence Engessar would not be retried."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

41

Age When Released:

53

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Engesser v. Young, 2014 SD 81, 856 NW 2d 471 (SD Supreme Court 11-12-2014) (Affirming lower court's order reversing conviction)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=4446443360399312676&q=Engesser+v.+Young,+2014+SD+81&hl=en&as_sdt=6,48"

Information Source 2:

"Oakley Engesser, man whose crash conviction was overturned, files $20M suit, By Associated Press, Rapid City Journal (Rapid City, SD), June 11, 2015"

Information Location 2:

http://rapidcityjournal.com/news/local/oakley-engesser-man-whose-crash-conviction-was-overturned-files-m/article_cbe81b34-fc0c-5b75-8a6e-705ebd868caa.html

Information Source 3:

"Attorney General to not pursue second trial on Engesser, blackhillsfox.com, January 7, 2015"

Information Location 3:

http://www.blackhillsfox.com/home/headlines/Attorney-General-to-not-pursue-second-trial-on-Engesser-287858391.html

Information Source 4:

"Engesser v. Fox et al, No. 5-15-cv-05044-JLV (SD Dist. Ct.) (42 USC 1983 Complaint filed 6-11-2015, demanding damages of $20 mil.)"

Information Location 4:

Information Source 5:

Information Location 5:

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