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Wrongly Convicted Database Record
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Charge: |
Robbery (includes armed robbery) |
Sentence: |
5 years to life imprisonment |
Years Imprisoned: |
2.5 |
Year Crime: |
1961 |
Year Convicted: |
1962 |
Year Cleared: |
1964 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Los Angeles |
City of Crime: |
Inglewood |
Result: |
Judicially Exonerated |
Summary of Case: |
"Allen Lee Ferguson and Victor Marion Ciancanelli were codefendants wrongly convicted in 1962 of the armed robbery of the White Elephant Cafe in Inglewood, California on November 5, 1961 of $9,000. During the robbery the owner and an employee were pistol whipped, and a patron was kicked. Victor Ciancanelli and Allen Ferguson were each convicted of five counts of robbery based on eyewitness identification by the victims. Both men were sentenced to 5 years to life in prison. In January 1964 the Inglewood police obtained evidence that four different men actually committed the White Elephant Cafe robbery. The Los Angeles County District Attorney's Office and the California Attorney General's Office began a joint investigation that determined Ciancanelli and Ferguson did not commit the robbery and identified the three robbers. It was discovered that a coincidence contributing to the conviction of Ferguson was his nickname was "Duke", the same as one of the actual robbers. It was also discovered that two of the actual robbers had made confessions to committing the robbery -- one of which was in April 1962. The AG's Office submitted a petition to California Governor Pat Brown recommending that the men be pardoned, and the California Supreme Court concurred. After serving about 2-1/2 years in prison Ciancanelli and Ferguson were granted full and unconditional pardons on July 15, 1964, based on the new evidence of their factual innocence. Ciancanelli filed a claim for compensation, seeking the then maximum of $5,000 under California's wrongful imprisonment statute (section 4904, Penal Code) for his of the five counts of which he was convicted. The California AG's Office conceeded Ciancanelli was due compensation, but only a total of $5,000 for his case -- not $5,000 for each count of whichhe was convicted. The Californa State Board of Control agreed with the AG's position, and awarded Ciancanelli $5,000 compensation. Ciancanelli appealed. On February 21, 1967 the California Court of Appeal affirmed the judgment of the Board of Control indemnifying Ciancanelli with an award of $5,000. It is believed that Ciancanelli was the first person to be awarded compensation under California's indemnification statute that was enacted in 1941 -- Penal Code Section 4900-4906. It is not known if Ferguson filed a compensation claim. On July 20, 1964 -- five days after Ciancanelli and Ferguson were pardoned -- Kenneth W. Blackford pled guilty to the White Elephant Cafe robbery, and he was sentenced to five years to life in prison. The other three robbers were Clyde Jack Bass, Norman Grimm, and Gilbert Lee Thomas. They were not prosecuted for the robbery. Bass, 30, wasn't prosecuted for the rob serving a life sentence for kidnapping, so there would be no point in trying him. Grimm, 41, wasn't prosecuted for the robbery because he was in prison for burglary, and he testified as a prosecution witness in exchange for a grant of immunity. Thomas wasn't prosecuted because he had provided the information to the Inglewood police that resulted in the investigation that freed Ciancanelli and Ferguson, and he had recently been convicted of another robbery in Los Angeles." |
Conviction Caused By: |
Erroneous eyewitness identification by the victims. |
Innocence Proved By: |
"After serving about 2-1/2 years in prison Ciancanelli and Ferguson were granted full and unconditional pardons on July 15, 1964 based on new evidence of their factual innocence." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
28 |
Age When Released: |
31 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Prisoners Freed After Two Years: Pardons for 2 Men Granted as Probe Points to Innocence, By Associated Press, Pasadena Star-News, July 16, 1964" |
Information Location 1: |
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Information Source 2: |
"Iowan Gets Prison Term In Mistaken Identity Case, By Associated Press, Van Nuys Valley News, September 3, 1964" |
Information Location 2: |
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Information Source 3: |
"Victor Marion Ciancanelli v. California State Board Of Control et al., 248 Cal. App. 2d 705 (Cal. App. 3d Dist., 2-21-1967) (Affirming Control Board's ruling that Ciancanelli was entitled to only $5,000 compensation.)" |
Information Location 3: |
http://law.justia.com/cases/california/court-of-appeal/2d/248/705.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org