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Wrongly Convicted Database Record
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Charge: |
Child/Minor Sex Abuse (incl. molestation) |
Sentence: |
50 years |
Years Imprisoned: |
1.5 |
Year Crime: |
2014 |
Year Convicted: |
2017 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
Oregon |
County or Region of Crime: |
Deschutes |
City of Crime: |
Redmond |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Joshua Horner was wrongly convicted on March 21, 2017 of child sex abuse against his minor daughter in Redmond, Oregon. The prosecution's case was based on the testimony of his daughter, who first alleged the abuse in September 2014, because she had no physical trauma identifying she had been abused, and there was no forensic evidence linking Horner to committing any crime. Horner's defense was that he didn't commit any crime with the girl. Horner was convicted by a guilty vote by at least 10 of 12 member of his jury of six counts of first-degree sexual abuse, two counts of sodomy and several related charges. Oregon, along with Louisiana, are the two states that allow a conviction by a non-unanimous 10-2 or 11-1 vote by a jury for all crimes except murder. After his conviction Horner, a plumber in Redmond, was sentenced to 50 years in prison. Horner insisted he was innocent. He contacted the Oregon Innocence Project that determined there were legal errors in Horners case, and they contacted the Deschutes County District Attorney's Office. The DA's Office agreed to open an investigation, and discovered Horner's daughter lied about one instance of abuse. She said Horner shot and killed her Labrador Lucy in front of her to keep her silent about that incident, but Lucy was found alive and well living in Gearhart, Oregon -- 227 miles from Redmond. Based on the new evidence undermining the credibility of the girl's testimony about that one incident, the DA's Office agreed there was not enough evidence to prove Horner's guilt beyond a reasonable doubt of any of Horner's alleged abuse. He was released on bail. On September 10, 2018 the DA's motion to set-aside Horner's conviction and dismiss his indictment was granted." |
Conviction Caused By: |
Perjury by the complainant. |
Innocence Proved By: |
"Based on the new evidence undermining the credibility of the complainant's testimony, the DA's Office agreed there was not enough evidence to prove Horner's guilt beyond a reasonable doubt. He was released on bail. On September 10, 2018 the DA's motion to set-aside Horner's conviction and dismiss his indictment was granted." |
Defendant Aided By: |
Oregon Innocence Project |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
41 |
Age When Released: |
42 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Redmond Man Exonerated After Being Sentenced To 50 Years In Prison, By Emily Cureton, OPB.org, Sept. 10, 2018" |
Information Location 1: |
https://www.opb.org/news/article/redmond-oregon-innocence-project-exonoration-josh-horner/ |
Information Source 2: |
"Charges dropped for Redmond man with 50 year prison sentence, By Stephen Hamway, The Bulletin (Bend, OR), September 10, 2018" |
Information Location 2: |
https://www.bendbulletin.com/localstate/6510851-151/charges-dropped-for-redmond-man-with-50-year |
Information Source 3: |
"Central Oregon Man Cleared of Child Sex Abuse Charges After Oregon Innocence Project Intervenes In Case, By Elise Herron, Wilamette Week, September 10, 2018" |
Information Location 3: |
https://www.wweek.com/news/2018/09/10/central-oregon-man-cleared-of-child-sex-abuse-charges-after-oregon-innocence-project-intervenes-in-case/ |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org