Wrongly Convicted Database Record
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Charge: |
Assault (Including Battery) |
Sentence: |
25 months |
Years Imprisoned: |
1.43 |
Year Crime: |
2008 |
Year Convicted: |
2009 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
Minnesota |
County or Region of Crime: |
Clay |
City of Crime: |
Moorhead |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Wrongly convicted in 2009 of assault when in February 2008 he defended himself against an attack by his brother-in-law while he was in bed by stabbing him. Dominic Gemelli was sentenced to 25 months imprisonment. He appealed and his conviction was overturned on the basis that his juror had been improperly instructed that to claim self-defense he had a duty to retreat before defending himself. Under Minnesota law a person doesn't have the duty to retreat when an attack occurs in their home, After Gemelli's retrial on November 4, 2010, the jury acquitted him after deliberating for 90 minutes. Gemelli was wrongly imprisoned for 17 months." |
Conviction Caused By: |
Judge gave inaccurate self-defense jury instruction. |
Innocence Proved By: |
"After Gemelli's retrial on November 4, 2010, the jury acquitted him after deliberating for 90 minutes. " |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
29 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Moorhead man is released 17 months after being wrongfully convicted on assault charges, WDAY AM970, November 7, 2010" |
Information Location 1: |
http://www.wday.com/event/article/id/40543/ |
Information Source 2: |
"Second trial clears man in Moorhead stabbing, In Forum (Fargo, ND and Moorhead, MN), November 6, 2010" |
Information Location 2: |
http://www.inforum.com/event/article/id/297419/group/News/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org