Wrongly Convicted Database Record

 

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Jeffery Allen Hmurovic Sr.

 

Charge:

Sexual Misconduct involving a child

Sentence:

15 years

Years Imprisoned:

0.67

Year Crime:

2014

Year Convicted:

2015

Year Cleared:

2015

U.S. State or Country of Crime:

Indiana

County or Region of Crime:

Lake

City of Crime:

Gary

Result:

Judicially Exonerated

Summary of Case:

"Jeffery Allen Hmurovic Sr. was wrongly convicted on January 14, 2015 of sexual misconduct with a minor, related to allegedly having sex with his daughter when she was younger than 16 years old -- the age of consent in Indiana. Hmurovic's daughter E.H. was born in 1987, and she had a learning disability so she lived with her father and mother into her 20s. E. H. was 26 years old when on March 9, 2014 she gave birth to a girl in Lake County, Indiana. Due to curious statements she gave to hospital personnel when asked about the child's father, a police investigation was begun that resulted in Hmurovic admitting he was the child's father -- which was confirmed by a DNA test -- and that he bagan having sex with his daughter before they moved from a house in Gary just before she turned 18. Hmurovic was charged with incest, sexual misconduct with a minor, and child molestation. Under Indiana law it was illegal for Hmurovic and his daughter to engage in a consensual sexual relationship. During his trial his daughter couldn't remember when the sex began. The jury convicted Hmurovic of incest and sexual misconduct, but acquitted him of child molestation. The 58-year-old Hmurovic, who worked for the city of Lake Station's animal control unit and at a city park, was sentenced on February 11, 2015 to 15 years in prison for sexual misconduct, and 6 years in prison for incest. Hmurovic appealed. On October 27, 2015 the Indiana Court of Appeals unanimously reversed Hmurovic's sexual misconduct with a minor conviction, based on the insuffciency of the evidence introduced by the prosecution to prove beyond a reasonable doubt that the sexual relationship began prior to when E. H. was 16. The Court stated: "The State had the burden of establishing that Hmurovic performed sexual intercourse or deviate sexual conduct with E.H. when E.H. was fourteen or fifteen years of age. On this record, we simply cannot find that sufficient evidence exists with respect to the age element. As a result, we must reverse his conviction for sexual misconduct with a minor." Hmurovic's appeal did not challenge his incest conviction, so the Court remanded his case for resentencing on that conviction only."

Conviction Caused By:

Innocence Proved By:

"On October 27, 2015 the Indiana Court of Appeals unanimously reversed Hmurovic's sexual misconduct with a minor conviction, based on the insuffciency of the evidence introduced by the prosecution to prove beyond a reasonable doubt that the sexual relationship began prior to when E. H. was 16. The Court stated: "The State had the burden of establishing that Hmurovic performed sexual intercourse or deviate sexual conduct with E.H. when E.H. was fourteen or fifteen years of age. On this record, we simply cannot find that sufficient evidence exists with respect to the age element. As a result, we must reverse his conviction for sexual misconduct with a minor.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

58

Age When Released:

58

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Jeffery Allen Hmurovic, Sr. v. State of Indiana, No. 45A03-1503-CR-94 (Ind. Ct. of Appeals, 10-27-15) ( (Mem. dec.) (Vacating Sexual Misconduct with a Minor based on insufficient evidence of guilt.)"

Information Location 1:

http://www.in.gov/judiciary/opinions/pdf/10271502rra.pdf

Information Source 2:

"Court overturns man's child molesting conviction, By Dan Carden, The Times (Munster, IN), October 27, 2015"

Information Location 2:

http://www.nwitimes.com/news/local/govt-and-politics/appeals-court-overturns-lake-station-man-s-child-molesting-conviction/article_30abeaf4-4a98-5f0a-8fe5-51d13e7ec016.html

Information Source 3:

"Incest, sexual misconduct charges nets Lake Station man 21-year prison term, By Elvia Malagon, The Times (Munster, IN), February 11, 2015"

Information Location 3:

http://www.nwitimes.com/news/local/lake/incest-sexual-misconduct-charges-nets-lake-station-man--year/article_a329dbaa-2f30-52ca-b35d-c8ee46062f9b.html

Information Source 4:

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Information Source 5:

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