Wrongly Convicted Database Record

 

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Raphael Golb

 

Charge:

Harassment criminal (incl. Aggravated)

Sentence:

6 months in jail & 5 years probation

Years Imprisoned:

0.33

Year Crime:

2008

Year Convicted:

2010

Year Cleared:

2014

U.S. State or Country of Crime:

New York

County or Region of Crime:

New York

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

"Raphael Golb was wrongly convicted in 2010 of felony convictions for identity theft, criminal impersonation, aggravated harassment and unauthorized use of a computer, related to emails he sent out from several fake email accounts he set-up, including one in the name of Professor Lawrence Schiffman, who is one of the world's leading Dead Sea Scroll scholars. Golb was sentenced to six months in jail and 5 years probation. On May 13, 2014 the New York Supreme Court, Appellate Division vacated Golb's identity theft, criminal impersonation, aggravated harassment and unauthorized use of a computer convictions. The Court went further in declaring that New York's second-degree aggravated harassment law, relating to phone calls, emails and other kinds of communication "in a manner likely to cause annoyance or alarm," is "unconstitutional under both the state and federal Constitutions, and we vacate defendants' convictions on these counts." The Court affirmed Golb's misdemeanor convictions for criminal imprecation and forgery."

Conviction Caused By:

Innocence Proved By:

"On May 13, 2014 the New York Supreme Court, Appellate Division vacated Golb's identity theft, criminal impersonation, aggravated harassment and unauthorized use of a computer convictions. The Court went further in declaring that New York's second-degree aggravated harassment law, relating to phone calls, emails and other kinds of communication "in a manner likely to cause annoyance or alarm," is "unconstitutional under both the state and federal Constitutions, and we vacate defendants' convictions on these counts.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"The People v. Raphael Golb, No. 72 (NY Ct of Appeals, 5-13-2014)"

Information Location 1:

https://www.nycourts.gov/ctapps/Decisions/2014/May14/72opn14-Decision.pdf

Information Source 2:

"Dead Sea Scrolls case gets part of New York harassment law knocked off books as unconstitutional, By Shayna Jacobs (staff writer), New York Daily News, May 14, 2014"

Information Location 2:

http://www.nydailynews.com/new-york/dead-sea-scrolls-case-harassment-law-tweaked-article-1.1791551

Information Source 3:

"The People against Raphael Golb, By Lawrence H. Schiffman, www.lawrenceschiffman.com,"

Information Location 3:

http://lawrenceschiffman.com/the-people-against-raphael-golb/

Information Source 4:

"The Raphael Golb Trial: Towards the criminalization of personal satire and controversy in America, www.raphaelgolbtrial.wordpress.com"

Information Location 4:

http://raphaelgolbtrial.wordpress.com/

Information Source 5:

Information Location 5:

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

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