Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
25 years |
Years Imprisoned: |
4 |
Year Crime: |
2004 |
Year Convicted: |
2006 |
Year Cleared: |
2008 |
U.S. State or Country of Crime: |
Saint Kitts and Nevis |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Jermaine Freeman was co-defendant of Kishmoy Challenger, Ashton Williams and Ashley Freeman. The four co-defendants (plus a fifth defendant) were convicted on April 12, 2006 in the Nevis Circuit Court of Justice of murder in the death of a 16-year-old in March 2004. The prosecution contended the five defendant's chased the victim and that one of them killed him after he was caught. The prosecution's theory was the four defendants were engaged in a "joint enterprise" with the fifth defendant who actually committed the murder. The four defendants were sentenced to between 20 and 25 years imprisonment. On October 29, 2008 the Eastern Caribbean Court of Appeal quashed the conviction and sentence of the four co-defendants, ruling that there was insufficient evidence that they engaged in a "joint enterprise" in the death of the victim, who was murdered by a fifth person who acted independent of them. The four co-defendants were immediately released after four years of imprisonment." |
Conviction Caused By: |
"Flawed legal theory that the four co-defendants engaged in a "joint enterprise" with the actual murderer." |
Innocence Proved By: |
"The Eastern Caribbean Court of Appeal quashed the conviction and appeal of the four co-defendants on October 29, 2008, ruling that there was insufficient evidence that they engaged in a "joint enterprise" with the man who actually committed the murder, and they were all immediately released. The conviction and 30 year sentence of the murderer, Marius Webbe, was upheld." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Four men freed by Court of Appeal, By Terresa McCall, SKNVibes.com, October 30, 2008" |
Information Location 1: |
http://www.sknvibes.com/Legal/NewsDetails.cfm/7118 |
Information Source 2: |
"Kishmoy Challenger et al v The DPP, [Crim. App. No. 15 of 2006], ECSC (10-29-2008)" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org