Wrongly Convicted Database Record
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Charge: |
Second Degree Murder |
Sentence: |
25 years to life in prison |
Years Imprisoned: |
9.25 |
Year Crime: |
2002 |
Year Convicted: |
2008 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Monroe |
City of Crime: |
Rochester |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Derrick Gause was wrongly convicted on March 3, 2003 of second-degree murder in the death of Whitney Morris in Rochester, New York in 2002. The jury acquitted Gause of first-degree "intentional" murder. Gause was sentenced to 25 years to life in prison. In 2008 the New York Court of Appeals reversed Gause's conviction on the basis that there was insufficient evidence to prove the essential element that Gause showed "deparaved indifference" to human life. Gause was retried in August 2008 of the same charges and again convicted of second-dgree murder that involved the same element of "deparved indifference." On June 5, 2012 the NY Court of Appeals vacated Gause's conviction on the basis it violated his right against double jeopardy. On June 7, 2012 he was released after 9 years in custody." |
Conviction Caused By: |
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Innocence Proved By: |
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Defendant Aided By: |
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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: |
"The People v. Derrick Gause, No. 90 (NY Ct of Appeals, 6-5-12)" |
Information Location 1: |
http://www.nycourts.gov/ctapps/Decisions/2012/Jun12/90opn12.pdf |
Information Source 2: |
"Court of Appeals Overturns Conviction, YNN Staff, Yours New Now - Rochester, June 5, 2012" |
Information Location 2: |
http://rochester.ynn.com/content/top_stories/587012/court-of-appeals-overturns-conviction/ |
Information Source 3: |
"Derrick Gause released after high court reverses murder conviction, By Gary McLendon (staff), Democrat and Chronicle (Rochester, NY), June 7, 2012" |
Information Location 3: |
http://www.democratandchronicle.com/article/20120607/NEWS01/306070055/derrick-cause-free-after-murder-conviction-reversed |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org