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Wrongly Convicted Database Record
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Charge: |
Burglary (including aggravated) |
Sentence: |
25 years to life imprisonment |
Years Imprisoned: |
11.58 |
Year Crime: |
1995 |
Year Convicted: |
1996 |
Year Cleared: |
2007 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Santa Clara |
City of Crime: |
San Jose |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Kenneth Wayne Foley was co-defendant of Mashelle Bullington. Both were wrongly convicted of a January 1995 burglary that another man, Luke Gaumond, admitted to committing. Kenneth Foley's first trial ended in a mistrial. Although Gaumond testified he committed the crime, the prosecution argued he was an unreliable witness. The victim identified Foley and Bullington as the burglars and the jury believed him in convicting Foley and Bullington. Foley's conviction for second-degree burglary involving a firearm resulted in his sentencing to 25 years to life in prison under California's three-strikes law. As a first-time offender Bullington was sentenced to 4 years and 4 months in prison. Bullington was released in 1999 after serving her sentence. After Foley had been imprisoned for more than ten years Gaumond contacted Foley's lawyer and told him he had committed the crime. Foley was released on bond in September 2006 after a re-investigation of his case coordinated by the Santa Clara District Attorney's office established that the witness had been mistaken and no gun had been involved. That removed it as a three-strike offense and made Foley eligible for resentencing to less time than he had already served. On April 5, 2007 Foley's conviction was vacated. He had been wrongly imprisoned for 11 years and 7 months. The conviction of his co-defendant Bullington was overturned in November 2008 based on Gaumond's confession to committing the crime with a person other than Bullington or Foley. In April 2009 Santa Clara County paid Foley $50,000 compensation." |
Conviction Caused By: |
Erroneous eyewitness identification by the burglary victim who also erroneously said he saw a woman in the perpetrator's car point a gun at him |
Innocence Proved By: |
"On April 5, 2007 Foley's conviction was vacated." |
Defendant Aided By: |
Northern California Innocence Project |
Compensation Awarded: |
"$50,000 (in April 2009 by Santa Clara County)" |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
26 |
Age When Released: |
38 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Judge wipes out wrongful conviction for Foley, By Rodney Foo (staff), San Jose Mercury News, April 6, 2007" |
Information Location 1: |
http://www.mercurynews.com/news/ci_5607059 |
Information Source 2: |
"Man who served 11 years in prison for burglarly is cleared, AP Story, San Jose Mercury News, April 6, 2007" |
Information Location 2: |
http://www.mercurynews.com/news/ci_5610615 |
Information Source 3: |
"Almost 14 years after Campbell burglary, woman's conviction overturned, By Fredric N. Tulsky (staff writer), San Jose Mercury News, November 29, 2008" |
Information Location 3: |
http://www.mercurynews.com/lifestyle/ci_11103236 |
Information Source 4: |
"Freed From Prison, Blog, San Jose Mercury News, November 29, 2008" |
Information Location 4: |
http://www.mercurynewsphoto.com/blog/2006/11/21/freedom/ |
Information Source 5: |
"Wrongfully convicted San Jose man to receive $1 million settlement from Santa Clara County, By Tracey Kaplan (staff writer), San Jose Mercury News, August 15, 2009" |
Information Location 5: |
http://www.mercurynews.com/ci_13118342?source=most_viewed |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org