Wrongly Convicted Database Record

 

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Arthur Hurks

 

Charge:

Rioting (Incl Common Law)

Sentence:

12 years

Years Imprisoned:

Year Crime:

1944

Year Convicted:

1944

Year Cleared:

2007

U.S. State or Country of Crime:

U.S. Military - Federal Case

County or Region of Crime:

King

City of Crime:

Seattle

Result:

Judicially Exonerated

Summary of Case:

"Wrongly convicted after a military court martial at Fort Lawton, Washington in 1944 of being involved in the lynching of an Italian POW. William Jones was one of 28 Black soldiers convicted in what was the largest court martial trial by the US military in World War II. On October 26, 2007, Army's Board of Corrections of Military Records overturned the convictions of four men who petitioned to have their case's reviewed. The Board ruled that the men's trials were "fundamentally unfair" because the Army prosecutors did not turn over the exculpatory information that a white Army MP was suspect in the lynching. The Board's ruling is applicable to all 28 men convicted, but only immediately applies to the four men, two who are still alive, who petioned the Board. William G. Jones was from Decatur, Illinois. He was deceased at the time his petition was granted. During a July 26, 2008 ceremony at the site of the former Fort Lawton (which is now Seattle's Discovery Park), the Army officially apologized to each of the 28 convicted men, and each was given an honorable discharge, their convictions were set aside, and their families awarded back pay for the time they served in jail. Only two of the men are living, so the other 26 were honored posthumously. Arthur Hurks lived in Baton Rouge, Louisiana (1921-1991)."

Conviction Caused By:

Prosecutorial misconduct of concealing exculpatory evidence.

Innocence Proved By:

"On October 26, 2007, Army's Board of Corrections of Military Records overturned the convictions of four men who petitioned to have their case's reviewed. During a July 26, 2008 ceremony at the site of the former Fort Lawton (which is now Seattle's Discovery Park), the Army officially apologized to each of the 28 convicted men, and each was given an honorable discharge, their convictions were set aside, and their families awarded back pay for the time they served in jail. Only two of the men are living, so the other 26 were honored posthumously."

Defendant Aided By:

"Jack Hamann author of "On American Soil.""

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Court martialed in 1944, Fort Lawton veterans formally exonerated, By Lisa Stiffler (staff writer), Seattle Post-Intelligencer, July 27, 2008"

Information Location 1:

http://seattlepi.nwsource.com/local/372367_fortlawton27.html?source=mypi

Information Source 2:

"63 years later, army exonerates black troops, By Jonathan Martin, Seattle Times, October 27, 2007"

Information Location 2:

http://seattletimes.nwsource.com/html/localnews/2003977812_fortlawton27m.html

Information Source 3:

"U.S. Army overturns convictions of fort lawton soldiers court-martialed in 1944 after riot, lynching, By Jonathan Martin, Seattle Times, October 26, 2007"

Information Location 3:

http://seattletimes.nwsource.com/html/localnews/2003976785_webfortlawton27.html

Information Source 4:

"Riot at Fort Lawton, 1944, By Doninic W. Moreo (iUniverse 2004), 137-8"

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

On American Soil: How Justice Became a Casualty of World War II by Jack Hamann (Algonquin Books) 2005

Book Information:

Book About Case (2):

"Riot at Fort Lawton, 1944, By Doninic W. Moreo (iUniverse 2004)"

Book Information (2):

Movie About Case:

Comments About Case:

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

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