Wrongly Convicted Database Record
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Charge: |
Contaminating public water supply |
Sentence: |
10 to 14 years |
Years Imprisoned: |
1 |
Year Crime: |
2012 |
Year Convicted: |
2014 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
North Carolina |
County or Region of Crime: |
Pamlico |
City of Crime: |
Bayboro |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Judy Hardison was wrongly convicted on May 13, 2014 of six counts of contaminating a public water system and one count of obtaining property by false pretenses in Pamlico County, North Carolina. Hardison was the owner of Triple H Construction, and she was charged with hiring Rodney Brame in November and December 2012 to break public water pipes so that her company could be paid by Pamlico County to repair them. Hardison's conviciton was based on secretly made audio recordings of conversations she had with her alleged confederate, who actually broke the pipes. She was charged based on the prosecution's legal theory that she was "acting in concert" with the man who broke the pipes. Hardison's legal defense was that she had to be present when the alleged crimes occurred for her to have acted in concert, and she was never present. The trial judge denied Hardison's motions both during the trial and after her convictions by a jury for a judgment of acquittal/dismissal because no evidence was introduced that she was present during the commission of the alleged crimes. The judge did arrest judgment on one of the contamination counts and the false pretenses count. On May 16, 2014 Hardison was taken into custody after the trial judge gave her two consecutive sentences of 5 to 7 years in prison, for a total sentence of 10 to 14 years in prison. Hardison appealed. On November 3, 2015 the North Carolina Court of Appeals ruled the trial judge erred denying Hardison's motion to acquit/dismiss, and reversed all of her convictions on the basis the prosecution introduced insufficent evidence to prove the essential element that she was present, either actually or constructively, at the time the alleged crimes were committed. The Court also ruled that her convictions "arrested" by the trial judge were also vacated. So Hardison was cleared of all crimes." |
Conviction Caused By: |
Erroneous legal theory by the prosecution. |
Innocence Proved By: |
"On November 3, 2015 the North Carolina Court of Appeals reversed all of Hardison's convictions on the basis the prosecution introduced insufficent evidence to prove the essential element that she was present, either actually or constructively, at the time the alleged crimes were committed." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
52 |
Age When Released: |
53 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"The State of North Carolina v. Judy Hardison, No. COA15-150 (NC Ct. of Appeals, 11-3-2015) (Reversing all conviction based on prosecution's failure to present sufficent evidence of guilt beyond a reasonable doubt of all essential elements.)" |
Information Location 1: |
https://appellate.nccourts.org/opinions/?c=2&pdf=33139 |
Information Source 2: |
"Pamlico County woman has conviction overturned, By Chris Hoffman, WCTI-TV (New Bern, NC), November 5, 2015" |
Information Location 2: |
http://www.wcti12.com/news/pamlico-county-woman-has-conviction-overturned/36272392 |
Information Source 3: |
"Contractor Makes First Court Appearance, By Staff writer, WITN-TV (Greenville, NC), December 21, 2012" |
Information Location 3: |
http://www.witn.com/home/headlines/Contractor-Accused-In-Scheme-To-Break-Then-Fix-County-Water-Pipes-183988661.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org