Wrongly Convicted Database Record
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Charge: |
First Degree Murder and Robbery |
Sentence: |
20 years to life imprisonment |
Years Imprisoned: |
8.43 |
Year Crime: |
1970 |
Year Convicted: |
1971 |
Year Cleared: |
1979 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Queens |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Edmond D. Jackson was wrongly convicted in March 1971 of a murder committed in Harvey's Lounge in the Jamaica area of Queens County, New York on June 14, 1970. Jackson's convictions for murder and robbery were solely based on the eyewitness testimony of four people -- since there was no physical, forensic, or confession evidence linking him to the crime. The police detectives allowed three of those eyewitnesses to see Jackson before they viewed him in a lineup, from which they selected him as one of the gunmen. After Jackson's conviction was affirmed on appeal in 1974, he filed a state habeas corpus petition challenging his identification by the eyewitnesses was unreliable. His state petition was denied by the New York state courts, and Jackson then filed a federal habeas corpus petition. The U.S. District Court granted his petition, and the State appealed. On December 19, 1978 the U.S. 2nd Circuit Court of Appeals affirmed the granting of Jackson's habeas petition, stating, "It is difficult to understand why the District Attorney of Queens County would have proceeded with the trial of the charges against Jackson on such highly dubious evidence and in light of the incomplete and negligent investigation conducted by the detectives. Neither the press of business nor the urgency to solve so serious a crime as that committed by the gunman can justify the negligent use of unreliable procedures in place of thorough and careful investigation." (p. 112) Jackson was released on his own recognizance on December 22, 1978, and after the Queens County DA elected not to retry Jackson his indictment was dismissed on April 6, 1979 in an order that stated his convictions were "null and void." From the time of his arrest on July 13, 1970 to his release on bond Jackson was incarcerated for 8 years and 5 months. On October 19, 1979 Jackson filed a state civil suit against New York City, the NYPD, and the detectives involved in his case for damages." |
Conviction Caused By: |
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Innocence Proved By: |
"After Jackson's federal habeas corpus petition was granted the Queens County DA elected not to retry him and his indictment was dismissed on April 6, 1979." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Jackson v. Fogg, 589 F.2d 108, 112 (2d Cir.1978)" |
Information Location 1: |
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Information Source 2: |
"People v. Jackson, 40 A.D.2d 1081, 337 N.Y.S.2d 1005 (2d Dep't 1972), aff'd, 35 N.Y.2d 856, 322 N.E.2d 272, 363 N.Y.S.2d 580 (1974)" |
Information Location 2: |
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Information Source 3: |
"Jackson v. POLICE DEP'T OF THE CITY OF NEW YORK, 119 AD 2d 551, 500 NYS 2d 553 (NY Appellate Div., 2nd Dept. 1986)" |
Information Location 3: |
"http://scholar.google.com/scholar_case?case=2389600785032183224&q=edmond+jackson+1978+murder&hl=en&as_sdt=4,33" |
Information Source 4: |
"Miscarriages of Justice in Potentially Capital Cases, Hugo Adam Bedau & Michael L. Radelet, Stanford Law Review, November, 1987, Vol. 40, p. 128+." |
Information Location 4: |
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Information Source 5: |
"Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988, by Marty I. Rosenbaum, 18 N.Y.U. Rev. L. & Soc. Change 807" |
Information Location 5: |
http://deskovic.org/research/article/id/Inevitable-Error-Wrongful-New-York-State-Homicide-Convictions |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org