Wrongly Convicted Database Record
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Charge: |
Murder and Conspiracy |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
1 |
Year Crime: |
1994 |
Year Convicted: |
2003 |
Year Cleared: |
2004 |
U.S. State or Country of Crime: |
New York - Federal Case |
County or Region of Crime: |
Kings |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Mario Fortunato and Carmine Polito were codefendants wrongly convicted in 2003 in federal court of murder in the death of a man in 1994 in Brooklyn, New York. Both men were sentenced to to life imprisonment and ordered to forfeit $275,000 (jointly and severally). On September 14, 2004 the U.S. 2nd Circuit Court of Appeals vacated Polito and Fortunato's convictions on the ground the prosecution had introduced insufficient evidence to prove their guilt beyond a reasonable doubt. The charges were subsequently dismissed and Polito and Fortunato were released from federal custody." |
Conviction Caused By: |
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Innocence Proved By: |
"On September 14, 2004 the U.S. 2nd Circuit Court of Appeals vacated Polito and Fortunato's convictions on the ground the prosecution had introduced insufficient evidence to prove their guilt beyond a reasonable doubt. " |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
56 |
Age When Released: |
57 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"US v. Bruno, 383 F. 3d 65 (2nd Cir. 2004)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=16092750824446709912&q=Mario+Fortunato&hl=en&as_sdt=6,48" |
Information Source 2: |
"Genovese mobster bakes up civil trial seeking millions for unjust conviction, By John Marzulli (staff writer), New York Daily News, December 25, 2013" |
Information Location 2: |
http://www.nydailynews.com/new-york/nyc-crime/mobster-bakes-trial-seeking-millions-unjust-conviction-article-1.1557910 |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org