Wrongly Convicted Database Record

 

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Russell Hartley

 

Charge:

Assault (Including Battery)

Sentence:

10 weeks

Years Imprisoned:

0.15

Year Crime:

2015

Year Convicted:

2016

Year Cleared:

2016

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

England

City of Crime:

Sheffield

Result:

Judicially Exonerated

Summary of Case:

"Russell Hartley was wrongly convicted in August 2015 of assaulting a police officer in South Yorkshire, England in September 2014. During the incident that occurred in the back seat of the police car of South Yorkshire police officer Robert Heath after Hartley had been arrested outside the Flare Path pub in Dunsville village in Doncaaster, on suspicion of drunk driving, The 45-year-old Hartley received numerous bruises, he had several teeth knocked out and the sunglasses he was wearing were smashed, while Heath had no bruises or any injuries. The jury relied on officer Heath's testimony in rejecting Hartley's defense that it was the officer who assaulted him while his hands were cuffed behind his back. Hartley testified that Heath hit him with a flying headbutt, After Hartley was convicted in the Doncaster Magistrates Court and sentenced to 10 weeks in jail, he obtained photos of the incident taken by a friend on his mobile phone that showed Hartley was sitting in the back of the police car with his hands cuffed behind his back as officer Heath brutally assaulted him. The new evidence was incorporated into Hartley's appeal that he filed on January 22, 2016 the Crown Court in Sheffield. Based on the new photographic evidence that Hartley was the victim of an assault by the police officer, and he had not committed an assault, a three-judge panel of the Sheffield Crown Court quashed Hartley's conviction on May 13, 2016. In issuing its ruling, Judge Peter Kelson, QC, expressed surprise at officer Robert Heath's behavior as Hartley was sitting in the back of a police car. Hartley had already served his sentence. The court let stand Harley's drunk driving conviction, but quashed his two week jail sentence."

Conviction Caused By:

Perjury by the officer who in fact assaulted Hartley.

Innocence Proved By:

"Based on the new photographic evidence that Hartley was the victim of an assault by the police officer and he had not committed an assault, a three-judge panel of the Sheffield Crown Court quashed Hartley's conviction on May 13, 2016. In issuing its ruling, Judge Peter Kelson, QC, expressed surprise at officer Robert Heath's behavior as Hartley was sitting in the back of a police car."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

45

Age When Released:

45

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Man jailed for assault on South Yorkshire police officer has conviction overturned after pictures emerged showing PC pushing the suspect's head against a car door, By Thomas Burrows (for MailOnline), Daily Mail (London, UK), May 14, 2016"

Information Location 1:

http://www.dailymail.co.uk/news/article-3590197/Man-jailed-assault-South-Yorkshire-police-officer-conviction-overturned-pictures-emerged-showing-PC-pushing-suspect-s-head-against-car-door.html

Information Source 2:

"Conviction quashed after picture reveals PC’s method of ‘restraint’, By Sean O’Neill and Paul Stokes, The Times (London, UK), May 14 2016"

Information Location 2:

http://www.thetimes.co.uk/article/conviction-quashed-after-picture-reveals-pcs-method-of-restraint-d9w6hbg92

Information Source 3:

"Crown v. Russell Hartley, No. A20130231 (Crown Court, Sheffield, 5-13-2016) (Quashing conviction after hearing)"

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

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