Wrongly Convicted Database Record

 

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Steven Lawrence Hurd

 

Charge:

Criminal use of computer

Sentence:

11-1/2 to 21-1/2 months

Years Imprisoned:

8.5

Year Crime:

2014

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Pennsylvania

County or Region of Crime:

McKean

City of Crime:

Bradford

Result:

Judicially Exonerated

Summary of Case:

"Steven Lawrence Hurd was wrongly convicted on June 1, 2015 of criminal use of a communication facility (his personal computer) at his home in Bradford, Pennsylvania. Hurd was 36 when arrested in 2014 for allegedly using Internet peer-to-peer file sharing programs to view child pornography on his home computer. He was charged on December 11, 2014 with ten counts of possession of child pornography, ten counts of dissemination of child pornography, and one count of criminal use of a communication facility. The charges were based on the alleged discovery of 90 suspected images of child pornography on his home computer. Steven Hurd waived his right to a jury trial, and after a bench (judge only) trial Hurd's public defender made an oral motion for judgment of acquittal of all charges. Judge William Morgan granted the motion regarding all 20 child pornography counts, but found him guilty of the one count of criminal use of a communication facility. During his sentencing hearing Judge Morgan denied Hurd's motion for extraordinary relief that requested his conviction be set aside due to insufficient evidence. On July 9, 2015 Judge Morgan sentenced Hurd to 11-1/2 - 21-1/2 months in prison. Hurd appealed. While his appeal was pending he was released on parole in early 2016 after 8-1/2 months in prison. On June 1, 2016 a panel of Pennsylvania Superior Court reversed Hurd's conviction and ordered his acquittal of criminal use of a communication facility based on the prosecution's failure to introduce evidence proving every essential element beyond a reasonable doubt. The appeals court ruled the trial judge erred denying Hurd's motion that his conviction be set aside due to insufficient evidence, because " the trial court determined that the Commonwealth failed to associate a particular image or file with the corresponding count charged in the information." The appeals court also noted that the trial court found that the Commonwealth failed to sufficiently establish the images constituted child pornography. Commonwealth v. Hurd, No. 1111 WDA 2015 (Superior Ct. of Penn. 6-1-2016)"

Conviction Caused By:

Innocence Proved By:

"On June 1, 2016 a panel of Pennsylvania Superior Court reversed Hurd's conviction and ordered his acquittal of criminal use of a communication facility based on the prosecution's failure to introduce evidence proving every essential element beyond a reasonable doubt. The appeals court ruled the trial judge erred denying Hurd's motion that his conviction be set aside due to insufficient evidence, because " the trial court determined that the Commonwealth failed to associate a particular image or file with the corresponding count charged in the information.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

37

Age When Released:

38

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Commonwealth of Pennsylvania v. Steven Lawrence Hurd, No. 1111 WDA 2015 (Superior Ct. of Pennsylvania, June 1, 2016) (Unpublished opinion) (Reversing conviction and ordering acquittal based on insufficient evidence.)"

Information Location 1:

http://www.pacourts.us/assets/opinions/Superior/out/j-s29016-16m%20-%201026799637200788.pdf#search=%22Steven%20Hurd%22

Information Source 2:

"Child porn-related conviction overturned by state Superior Court, By Marcie Schellhammer (Associate Editor), The Bradford Era, June 10, 2016"

Information Location 2:

http://www.bradfordera.com/news/child-porn-related-conviction-overturned-by-state-superior-court/article_8ae4c50c-2ead-11e6-a4bf-2768c15ceeed.html

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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