Wrongly Convicted Database Record

 

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Floyd F. Fay

 

Charge:

Murder

Sentence:

15 years to life imprisonment

Years Imprisoned:

2

Year Crime:

1978

Year Convicted:

1978

Year Cleared:

1980

U.S. State or Country of Crime:

Ohio

County or Region of Crime:

Wood

City of Crime:

Bowling Green

Result:

Judicially Exonerated Released

Summary of Case:

"Floyd F. Fay was wongly convicted in 1980 of abduction and sentenced to life in prison for the murder of shop owner 26-year-old Frederick Ery during a botched robbery on March 27, 1978 in Bowling Green, Ohio. Fay's prosecution was based on his identification by an eyewitness, and he failed two lie detector tests. After his conviction by a jury Fay was sentenced to 15 years to life in prison. Fay's public defender, Adrian Cimerman, continued to investigate the case after Fay's imprisonment. Cimerman discovered a soldier stationed in Germany who said he had been the driver of the getaway car in the attempted robbery, and he identified two other men as committing the slaying, and that Fay wasn't involved. Fay filed a petition for a new trial based on the new evidence of his innocence, and he was released from prison on October 30, 1980. The charges were dismissed on November 17, 1980. After his exoneration, Floyd Fay was awarded compensation of $129,867.70 by the State of Ohio Court of Claims on March 2, 1988."

Conviction Caused By:

Innocence Proved By:

"Fay filed a petition for a new trial based on the new evidence of his innocence, and he was released from prison on October 30, 1980. The charges were dismissed on November 17, 1980."

Defendant Aided By:

Compensation Awarded:

"$129,867.70 (State of Ohio, March 2, 1988)"

Was Perpetrator Identified?

Yes

Age When Imprisoned:

26

Age When Released:

28

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"“Miscarriages of Justice in Potentially Capital Cases,” Hugo Adam Bedau & Michael L. Radelet, Stanford Law Review, November, 1987, Vol. 40, p. 112+."

Information Location 1:

Information Source 2:

"Floyd F. Fay v. State of Ohio, No. 1987-01691 WI (Ohio Court of Claims, 3/2/1988 (Granting judgment of $129,867.70)"

Information Location 2:

http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=141222001372768&Seq=1

Information Source 3:

"Charges against a man jailed for a murder he didn't commit, By UPI, November 17, 1980"

Information Location 3:

http://www.upi.com/Archives/1980/11/17/Charges-against-a-man-jailed-for-a-murder-he/9902343285200/

Information Source 4:

Information Location 4:

Information Source 5:

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

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