Lucinda S. Hites-Clabaugh

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Charge:	Child/Minor Sex Abuse (incl. molestation)
Sentence:	75 months
Years Imprisoned:	2.083
Year Crime:	2008
Year Convicted:	2009
Year Cleared:	2012
U.S. State or Country of Crime:	Oregon
County or Region of Crime:	Marion
City of Crime:	Woodburn
Result:	Judicially Exonerated Released
Summary of Case:	"Lucinda S. Hites-Clabaugh was wrongly convicted in 2009 of sexually assaulting a child in 2008 in Woodburn, Oregon. Lucinda was a substitute teacher for the class in which the child was a student. The child claimed that during a recess Lucinda inappropriately "touched" her. Lucinda denied the accusation and refused a plea bargain. During her trial their was testimony the inexperienced police officer who interviewed the alleged victim didn't follow county and state protocols for interviewing a child who was allegedly abused. The judge refused to allow Lucinda's expert to testify about the importance of following those interview protocols to ensure the credibility of the alleged victim's recounting of the alleged incident. After Lucinda's conviction she was sentenced to 75 months in prison. On July 18, 2012 the Oregon Court of Appeals vacated Luncinda Hites-Clabaugh's conviction on the basis the trial judge prejudicially erred in denying her expert to testify about deficiencies in the police interview of the alleged victim. The appeals court remanded for a new trial, but on September 24, 2012 the Marion County DA's Office submitted a motion to dismiss the charge, which was granted by the trial judge. In exchange for agreeing to dismissal of the charge the Marion County DA's Office required Lucinda to agree to pled guilty to an unrelated misdemeanor that did not impair her right to file a lawsuit related to her wrongful prosecution, conviction and imprisonment."
Conviction Caused By:	Trial judge erred in refusing to allow expert testimony exposing the police interview of the alleged victim didn't follow county and state protocols to ensure her statement wasn't tainted.
Innocence Proved By:	"On July 18, 2012 the Oregon Court of Appeals vacated Luncinda Hites-Clabaugh's conviction on the basis the trial judge prejudicially erred in denying her expert to testify about deficiencies in the police interview of the alleged victim. The appeals court remanded for a new trial, but on September 24, 2012 the prosecution submitted a motion to dismiss the charge, which was granted by the trial judge."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	53
Age When Released:	55
Sex:	Female
Skin/Ethnicity:	White
Information Source 1:	"Oregon v. Lucinda Hites-Clabaugh, 283 P. 3d 402, 251 Or. App. 255 (Ore Ct of Appeals, 7-18-2012) (Reversing conviction)"
Information Location 1:	http://courts.oregon.gov/Publications/A146356.pdf
Information Source 2:	"Substitute teacher's sex abuse charges dropped in plea bargain, By Deborah Bloom (staff), The Oregonian (Portland, OR), September 27, 2012"
Information Location 2:	http://www.oregonlive.com/forest-grove/index.ssf/2012/09/substitute_teachers_sex_abuse.html
Information Source 3:	"Sexual Abuse Charge Dismissed Against Lucinda Hites-Clabaugh, By Hans Sherrer, Justice Denied magazine, Issue 55, p. 9"
Information Location 3:	http://justicedenied.org/issue/issue_55/hites-clabaugh_jd55.pdf
Information Source 4:	"“Oregon Court of Appeals Overturns Lucinda S. Hites-Clabaugh’s Sexual Abuse Conviction,” By Hans Sherrer, Justice Denied, August 8, 2012"
Information Location 4:	http://justicedenied.org/wordpress/archives/1920
Information Source 5:	Justice For Lucinda website
Information Location 5:	http://www.justiceforlucinda.org/
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Lucinda S. Hites-Clabaugh

Charge:

Child/Minor Sex Abuse (incl. molestation)

Sentence:

75 months

Years Imprisoned:

2.083

Year Crime:

2008

Year Convicted:

2009

Year Cleared:

2012

U.S. State or Country of Crime:

Oregon

County or Region of Crime:

Marion

City of Crime:

Woodburn

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Trial judge erred in refusing to allow expert testimony exposing the police interview of the alleged victim didn't follow county and state protocols to ensure her statement wasn't tainted.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

53

Age When Released:

55

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Oregon v. Lucinda Hites-Clabaugh, 283 P. 3d 402, 251 Or. App. 255 (Ore Ct of Appeals, 7-18-2012) (Reversing conviction)"

Information Location 1:

http://courts.oregon.gov/Publications/A146356.pdf

Information Source 2:

"Substitute teacher's sex abuse charges dropped in plea bargain, By Deborah Bloom (staff), The Oregonian (Portland, OR), September 27, 2012"

Information Location 2:

http://www.oregonlive.com/forest-grove/index.ssf/2012/09/substitute_teachers_sex_abuse.html

Information Source 3:

"Sexual Abuse Charge Dismissed Against Lucinda Hites-Clabaugh, By Hans Sherrer, Justice Denied magazine, Issue 55, p. 9"

Information Location 3:

http://justicedenied.org/issue/issue_55/hites-clabaugh_jd55.pdf

Information Source 4:

"“Oregon Court of Appeals Overturns Lucinda S. Hites-Clabaugh’s Sexual Abuse Conviction,” By Hans Sherrer, Justice Denied, August 8, 2012"

Information Location 4:

http://justicedenied.org/wordpress/archives/1920

Information Source 5:

Justice For Lucinda website

Information Location 5:

http://www.justiceforlucinda.org/

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