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Wrongly Convicted Database Record
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Charge: |
Child Molestation |
Sentence: |
35 years |
Years Imprisoned: |
5 |
Year Crime: |
1998 |
Year Convicted: |
2008 |
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Suffolk |
City of Crime: |
Selden |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Thomas F. Green was wrongly convicted in 2008 of molesting his 7 year old granddaughter and two friends in Suffolk County,New York, allegedly begining in 1998. The main witness for the prosecution was a friend of the granddaughter, only identified as B.M., who said she waited until 2006 to accuse Green until she saw an episode of the television program "Law & Order: Special Victims Unit." Green's granddaughter testified that no abuse occurred, and she didn't know the friends making the allegations until 2000. To corroborate B.M.'s testimony and impeach the testimony of Green's granddaughter, the prosecution introduced two photographs that they contended were taken in 1998. After Green's conviction by a jury he was sentenced to 35 years in prison. Green's direct appeal was denied. Green hired attorney Ronald L. Kuby, who conducted an investigation that discovered evidence that both of the photos introduced by the prosecution had been taken in 2000: Polaroid provided the new evidence that the serial number on the photo taken at Coney Island proved it was taken in 2000; and a girl in the Halloween photo was wearing a sweatshirt with a logo reading “Princess University” -- and that brand had not been trademarked and manufactured until 2000. Green's trial lawyer could have discovered the photographic evidence undermining the credibility of B.M.'s testimony if he had investigated. Green's state post-conviction petition asserted he was provided with constitutionally ineffective assitance of counsel by his lawyer's failure to investigate. After his petition was denied by the New York state courts, Green filed a federal habeas corpus petition. Green's federal habeas corpus petition was granted on August 12, 2013 by Judge Arthur D. Spatt of the U.S. District Court in Central Islip, N.Y. Judge Spatt vacated Green's conviction and ordered a new trial based on his trial lawyer's ineffective assistance of counsel for failing to investigate the prosecution's photographi evidence that the jury relied on to convict Green. With the agreement of the Suffolk County DA's Office, Green was granted his conditional release on a $100,000 Personal Recognizance Bond on September 9, 2013. Two weeks later, Green died from cancer on September 25, 2013. Nine weeks after Green's death, on December 5, 2013 the District Court Clerk entered the Order and Judgment granting Green's writ of habeas corpus. Thus, with his presumption of innocence restored, Green died an innocent man." |
Conviction Caused By: |
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Innocence Proved By: |
"Green's federal habeas corpus petition was granted on August 12, 2013 by Judge Arthur D. Spatt of the U.S. District Court in Central Islip, N.Y. Judge Spatt vacated Green's conviction and ordered a new trial based on his trial lawyer's constitutionally deficient assistance of counsel for failing to investigate the evidence introduced by the prosecution at his trial. On December 5, 2013 the District Court Clerk entered the Order and Judgment granting Green's writ of habeas corpus." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
61 |
Age When Released: |
66 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Thomas Green dies shortly after overturned molestation conviction, News 12 (Long Island), September 27, 2013" |
Information Location 1: |
http://longisland.news12.com/news/thomas-green-dies-shortly-after-overturned-molestation-conviction-1.6152638 |
Information Source 2: |
"Man Granted New Trial in Child Sexual Abuse Case, By Alan Feuer (staff), August 13, 2013" |
Information Location 2: |
http://www.nytimes.com/2013/08/14/nyregion/judge-grants-new-trial-to-man-convicted-of-child-sexual-abuse.html?_r=0 |
Information Source 3: |
"Green v. Lee, et al, Civil No. 2-12-cv-05796-ADS (Eastern District of NY (Central Islip), 8-12-2013) (Memorandum of Decision and Order granting Green's federal habeas corpus petition.)" |
Information Location 3: |
https://ecf.nyed.uscourts.gov/doc1/12318826703 |
Information Source 4: |
"Green v. Lee, et al, Civil No. 2-12-cv-05796-ADS (Eastern District of New York (Central Islip)) (Docket page last viewed 11-13-2015)" |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org