Frank James Harvey

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Charge:	Sexual Assault and Kidnapping
Sentence:	16 years
Years Imprisoned:	1
Year Crime:	1987
Year Convicted:	1987
Year Cleared:	1988
U.S. State or Country of Crime:	Utah
County or Region of Crime:	Box Elder
City of Crime:
Result:	Judicially Exonerated Released
Summary of Case:	"Frank James Harvey was wrongly convicted of the 1987 kidnapping and sexual abuse of a 6-year-old girl in Box Elder County, Utah. Harvey was convicted by the jury even though the victim did not positively identify him as her assailant. He was sentenced to 16 years in prison. After Harvey's conviction he discovered that the girl positively identified another man as her assailtant. Based on the new exculpatory evidence another man committed the crimes, Harvey's conviction was overturned and he was released. Harvey filed a federal civil rights lawsuit on January 27, 1989 in the U.S. District Court in Salt Lake City. Harvey's lawsuit asserted his prosecution violated his constitutional rights, and it named as defendants Box Elder County, the Box Elder County Sheriff's Department, Sheriff Richard Wilkins and deputy Kenneth Adams. On April 20, 1990 U.S. District Court Judge Bruce Jenkins granted summary judgment in favor of all the defendants. Judge Jenkins stated regarding Harvey's prosecution, "`It's one of those mistakes, but it seems a remedy is not here,'' Harvey appealed to the U. S. Tenth Circuit Court of Appeals, which on October 1, 1990 affirmed Judge Jenkins' summary judgment ruling. On January 31, 1991 Harvey's federal lawsuit was dismissed. Frank Harvey was from Elma, Washington, but after his release he moved to Las Vegas, Nevada."
Conviction Caused By:	The victim did not positively identify Frank Harvey as her assailant.
Innocence Proved By:	"Based on the new exculpatory evidence another man committed the crimes, Harvey's conviction was overturned and he was released."
Defendant Aided By:
Compensation Awarded:	No
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Man's Suit For Wrongful Convictions Dismissed, The Seattle Times, April 21, 1990"
Information Location 1:	http://community.seattletimes.nwsource.com/archive/?date=19900421&slug=1067646
Information Source 2:	"Harvey v. Box Elder County UT, et al, No. 1-89-cv-00008-BSJ (USDC Utah (Northern)"
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Frank James Harvey

Charge:

Sexual Assault and Kidnapping

Sentence:

16 years

Years Imprisoned:

1

Year Crime:

1987

Year Convicted:

1987

Year Cleared:

1988

U.S. State or Country of Crime:

Utah

County or Region of Crime:

Box Elder

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

The victim did not positively identify Frank Harvey as her assailant.

Innocence Proved By:

"Based on the new exculpatory evidence another man committed the crimes, Harvey's conviction was overturned and he was released."

Defendant Aided By:

Compensation Awarded:

No

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Man's Suit For Wrongful Convictions Dismissed, The Seattle Times, April 21, 1990"

Information Location 1:

http://community.seattletimes.nwsource.com/archive/?date=19900421&slug=1067646

Information Source 2:

"Harvey v. Box Elder County UT, et al, No. 1-89-cv-00008-BSJ (USDC Utah (Northern)"

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Book Information (2):

Movie About Case:

Comments About Case: