Kimberley Hainey

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Charge:	Murder
Sentence:	15 years
Years Imprisoned:	1.43
Year Crime:	2009
Year Convicted:	2011
Year Cleared:	2013
U.S. State or Country of Crime:	United Kingdom
County or Region of Crime:	Scotland
City of Crime:	Paisley
Result:	Judicially Exonerated Released
Summary of Case:	"Kimberley Hainey was wrongly convicted in December 2011 of murdering her infant son Declan Hainey in 2009 and attempting to defeat the ends of justice. After her conviction by a jury Kimberley was sentenced on December 15, 2011 to a minimum of 15 years in prison. The Scottish Court of Appeals quashed Kimberley Hainey's murder conviction on April 17, 2013 and her conviction of attempting to defeat the ends of justice was quashed the next day on April 18, 2013. The appeals court ruled that her convitions were a miscarriage of justice because the alleged "medical" evidence upon which her convictions were based was flawed. The prosecution did not seek a retrial. During Hainey's trial forensic anthropologist Professor Susan Black of Dundee University admitted during cross-examination she had no medical qualifications, even though she testified on direct examination that so-called "Harris lines" in Declan's bones and what was described as "cortical erosion" were evidence of his malnutrition and neglect. Prof. Black's conclusions were supported by the testimony of Dr Craig Cunningham, who it was disclosed on cross-examination was one of Prof. Black's PhD students, and he had no medical qualifications. Hainey's trial lawyer was able to present evidence that Prof. Black's conclusions were not only considered controversial, but had been dismissed by other scientists. The trial judge denied the request of Hainey's trial lawyer for an instruction that the jury disregard the testimony of Prof. Black and Dr. Cunningham."
Conviction Caused By:	The prosecution relied on unreliable expert evidence by two witnesses who had no medical expertise.
Innocence Proved By:	"The Scottish Court of Appeals quashed Kimberley Hainey's murder conviction on April 17, 2013 and her conviction of attempting to defeat the ends of justice was quashed the next day on April 18, 2013."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	36
Age When Released:	38
Sex:	Female
Skin/Ethnicity:	White
Information Source 1:	"Woman freed from jail after conviction for killing toddler son is quashed, Staff, The Guardian (London, UK), April 18, 2013"
Information Location 1:	http://www.guardian.co.uk/uk/2013/apr/18/woman-freed-killing-toddler-quashed
Information Source 2:	"Declan Hainey death: Mum Kimberley cleared of all charges, BBC News, April 18, 2013"
Information Location 2:	http://www.bbc.com/news/uk-scotland-glasgow-west-22198978
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Kimberley Hainey

Charge:

Murder

Sentence:

15 years

Years Imprisoned:

1.43

Year Crime:

2009

Year Convicted:

2011

Year Cleared:

2013

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

Scotland

City of Crime:

Paisley

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

The prosecution relied on unreliable expert evidence by two witnesses who had no medical expertise.

Innocence Proved By:

"The Scottish Court of Appeals quashed Kimberley Hainey's murder conviction on April 17, 2013 and her conviction of attempting to defeat the ends of justice was quashed the next day on April 18, 2013."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

36

Age When Released:

38

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Woman freed from jail after conviction for killing toddler son is quashed, Staff, The Guardian (London, UK), April 18, 2013"

Information Location 1:

http://www.guardian.co.uk/uk/2013/apr/18/woman-freed-killing-toddler-quashed

Information Source 2:

"Declan Hainey death: Mum Kimberley cleared of all charges, BBC News, April 18, 2013"

Information Location 2:

http://www.bbc.com/news/uk-scotland-glasgow-west-22198978

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Book About Case:

Book Information:

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