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Wrongly Convicted Database Record
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Charge: |
Obstructing or interfering with lawful taking of wildlife or aquatic life |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
Grundy |
City of Crime: |
Morris |
Result: |
Judicially Exonerated |
Summary of Case: |
"Adam A. Holm and his son Daniel Holm were codefendants wrongly convicted in 2013 of violating Illinois statute 720 ILCS 125/2(a) that applies to a person "[w]ilfully obstructs or interferes with the lawful taking of wildlife or aquatic life by another person with the specific intent to prevent that lawful taking." On December 2, 2012 Adam and Daniel made noise while on their grandmother's property that scared aware deer being hunted on adjoining land. The next day the two were charged with illegally interferring with the hunters. They both represented themselves. Adam was convicted after a jury trial in Grundy County Circuit Court, while Daniel pled guilty. Adam appealed his conviction. After pleading guilty Daniel hired private counsel, who moved to withdraw the plea, arguing that Daniel had committed no crime. Daniel appealed the denial of his motion by the trial judge. On December 8, 2014 the Illinois Court of Appeals vacated Adam's conviction on the basis he didn't commit a crime because, " The Act was intended to apply to people protesting at game preserves, clubs or public hunting grounds—trespassing—not to people legally using their own property." ('People v. Adam A. Holm, 2014 IL App (3d) 130582). The same day, December 8, 2014, the appeals court reversed the denial of Daniel's motion to withdraw his guilty plea on the basis that he didn't commit a crime, and remanded for his conviction to be vacated." |
Conviction Caused By: |
Erroneous interpretation of the law by the prosection and the trial judge. |
Innocence Proved By: |
"On December 8, 2014 the Illinois Court of Appeals vacated Adam's conviction on the basis he didn't commit a crime because, " The Act was intended to apply to people protesting at game preserves, clubs or public hunting grounds—trespassing—not to people legally using their own property." ('People v. Adam A. Holm, 2014 IL App (3d) 130582). The same day, December 8, 2014, the appeals court reversed the denial of Daniel's motion to withdraw his guilty plea on the basis that he didn't commit a crime, and remanded for his conviction to be vacated." |
Defendant Aided By: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"People v. Daniel Holm, 2014 IL App (3d) 130583 (11/8/2014 (Ordering withdrawl of guilty plea and remanding for judgment of acquittal.)" |
Information Location 1: |
http://www.state.il.us/court/Opinions/AppellateCourt/2014/3rdDistrict/3130583.pdf |
Information Source 2: |
"Hunter harassment conviction overturned in Illinois, By: Eric Freedman, Great Lakes Echo, January 15, 2015" |
Information Location 2: |
http://greatlakesecho.org/2015/01/15/hunter-harassment-conviction-overturned-in-illinois/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org