|
Wrongly Convicted Database Record
|
Charge: |
Sexual Assault of Minor and Lewdness with Minor |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
14.5 |
Year Crime: |
1992 |
Year Convicted: |
1993 |
Year Cleared: |
2007 |
U.S. State or Country of Crime: |
Nevada |
County or Region of Crime: |
Clark |
City of Crime: |
Las Vegas |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Robert Hays was wrongly convicted in Las Vegas, Nevada following a jury trial on four counts of Sexual Assault of a Minor Under the Age of Fourteen Years and four counts of Lewdness with a Minor, based on charges he sexually abused his then eight-year old daughter, Jennifer. Hays' conviction was based on the testimony of his daughter Jennifer, and a detective's testimony that Hays confessed, which Hays disputed as false. Hays was sentenced to four consecutive life terms on the sexual assault counts and and four terms of four years in prison for the lewdness counts. On March 22, 2007 Robert Hays' federal writ of habeas corpus was granted by District Court Judge Roger L. Hunt, who ordered Hays unconditional release from custody on the basis there was insufficient evidence to support his conviction. Judge Hays wrote that not only is "Hays innocent of the charges against him," Hunt wrote in his 31-page March 22 order, but "his criminal prosecution was wrought with constitutional violations so egregious, resulting in consequences so grave, and incarceration so lengthy, that Mr. Hays is entitled to immediate and unconditional release." Hays was released on March 23, a day after Judge Hays' Order. He had been wrongly incarcerated for almost 15 years. On October 18, 2007 Hays and his daughter filed a federal civil rights lawsuit that named as defendants: "Clark County, Thomas Moreo, then chief Clark County deputy district attorney in the case; Drew Christensen, then deputy public defender; Gary Jacobsen, lead Metro Police detective in the case; and Rene McClymont Butts, a nurse practitioner described as an expert in child abuse cases who assisted in the investigation. The lawsuit claimed that Butts performed no internal medical examination of Hays’ daughter and instead used unreliable tests to conclude the girl had been sexually assaulted. Hays claimed his wife had planned to leave her family for her boyfriend, yet prosecution proceeded even after his wife and daughter retracted their allegations." The lawsuit was settled for an undisclosed amount." |
Conviction Caused By: |
|
Innocence Proved By: |
"On March 22, 2007 Robert Hays' federal writ of habeas corpus was granted by District Court Judge Roger L. Hunt, who ordered Hays unconditional release from custody on the basis there was insufficient evidence to support his conviction." |
Defendant Aided By: |
|
Compensation Awarded: |
Yes (Undisclosed amount) |
Was Perpetrator Identified? |
|
Age When Imprisoned: |
32 |
Age When Released: |
47 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Hays v. Farwell, 482 F. Supp. 2d 1180 (DC Nev., 2007) (Granting federal habes corpus petition based on insufficient evidence introduced by the prosecuton at trial to prove Hays' guilt beyond a reasonable doubt.)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=5524280417643714114&q=+482+F.Supp.2d+1180+%282007%29&hl=en&as_sdt=4,72,73,78,79,80,86,88,93,114,129,134,135,141,142,143,149,151,156,258,259,260,261,310,311,321,322,323,324,373,374,383" |
Information Source 2: |
"Robert Hays, et al v. Clark County Nevada, et al (DC NV) - 6-6-2008 (order regarding use of habeas ruling in civil case)" |
Information Location 2: |
http://nv.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20080606_0000495.DNV.htm/qx |
Information Source 3: |
"Justice fails again and again, he spends 15 years in prison, By Sam Skolnik (staff), Las Vegas Sun, March 29, 2007" |
Information Location 3: |
http://www.lasvegassun.com/news/2007/mar/29/justice-fails-again-and-again-he-spends-15-years-i/#axzz2X4VgUGxh |
Information Source 4: |
"After 14 years wrongly served, he sues those who put him behind bars, By Staff writer, Las Vegas Sun, October 20, 2007" |
Information Location 4: |
http://lasvegassun.com/news/2007/oct/20/after-14-years-wrongly-served-he-sues-those-who-pu/ |
Information Source 5: |
"Wrongfully convicted: A look at 5 cases, By Rebecca Clifford-Cruz, Las Vegas Sun, July 29, 2011" |
Information Location 5: |
http://m.lasvegassun.com/news/2011/jul/29/wrongfully-convicted/ |
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org