Wrongly Convicted Database Record

 

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Conan Gentile

 

Charge:

Receiving Stolen Property (Incl. theft by receiving stolen property)

Sentence:

3 to 5 years in prison and 3 years probation

Years Imprisoned:

4

Year Crime:

2010

Year Convicted:

2011

Year Cleared:

2014

U.S. State or Country of Crime:

Massachusetts

County or Region of Crime:

Worcester

City of Crime:

Leominister

Result:

Judicially Exonerated

Summary of Case:

"Conan Gentile was wrongly convicted of receiving stolen property on November 9, 2011 in Worcester, Massachusetts Superior Court. A jury convicted him of possessing a sword and a BB gun that had been stolen from a neighborhood home. He was sentenced to 3 to 5 years in prison and 3 years of probation after his release, with credit for 428 days he had been jailed awaiting trial after his arrest in August 2010. On January 14, 2014 the Massachusetts Supreme Judicial Court vacated Conan Gentile's convictions on the basis the trial judge erred in denying Gentile's suppression motion, because the officer who entered his home didn't have probable cause under the Massachusetts' Constitution and the Fourth Amendment to the U.S. Constitution, and therefore the fruits of the officer's search must be suppressed, in addition to Gentile's statements to the police that followed the officer's illegal entry. With that evidence excluded their was insufficent evidence to support Gentile's conviction, so the SJC ordered dismissal of the indictments on remand to the Superior Court. Gentile was in custody of the Massachusetts Dept. of Corrections at the time of the SJC's ruling, so would have served more than 3 years and 4 months in custody when released after dismissal of his indictments."

Conviction Caused By:

The prosecution relied on evidence obtained during an illegal search of Conan Gentile's home.

Innocence Proved By:

"On January 14, 2014 the Massachusetts Supreme Judicial Court vacated Conan Gentile's convictions on the basis the officer who entered his home didn't have probable cause under the Massachusetts' Constitution and the Fourth Amendment to the U.S. Constitution, and therefore the fruits of the officer's search must be suppressed, in addition to Gentile's statements to the police that followed the officer's illegal entry. With that evidence excluded their was insufficent evidence to support Gentile's conviction, so the SJC ordered dismissal of the charges on remand to the Superior Court."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

39

Age When Released:

43

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Commonwealth vs. Conan Gentile, NO. SJC-11372 (MA SJC, 1-14-2014)"

Information Location 1:

http://weblinks.westlaw.com/result/default.aspx?action=Search&cnt=DOC&db=MA-ORSLIP&eq=search&fmqv=c&fn=_top&method=TNC&mt=Westlaw&n=2&origin=Search&query=TO%28ALLSCT+ALLSCTRS+ALLSCTOJ%29&rlt=CLID_QRYRLT2558691417161&rltdb=CLID_DB3521291417161&rlti=1&rp=%2Fsearch%2Fdefault.wl&rs=MAOR1.0&service=Search&sp=MassOF-1001&srch=TRUE&ss=CNT&sskey=CLID_SSSA1622791417161&sv=Split&vr=1.0

Information Source 2:

"Conviction thrown out in Leominster man's case; police search ruled unlawful, By Gary V. Murray (staff), Telegram & Gazette (Worcester, MA)"

Information Location 2:

http://www.telegram.com/article/20140114/NEWS/301149747/1116

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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