|
Wrongly
Convicted Database
Record
|
Years
Imprisoned:
|
7.25 |
Charge: |
Bank Robbery (incld. Armed) |
Sentence: |
14 years |
Year Convicted: |
2001 |
Year
Cleared:
|
2008 |
Location
of Trial:
|
Federal Case - Arizona |
Result:
|
Judicially Exonerated Released |
Summary
of Case:
|
Wrongly convicted in March 2001 of robbing a Bank of America branch in Gilbert, Arizona in September 2000. Her conviction was based on the eyewitness identification of five people who were in the bank, including the robbed teller, and the bank surveillance video that only showed a woman physically resembling Jernigan. Jernigan was sentenced to 14 years in prison and 5 years of supervised release. After her conviction, but before his direct appeal had been decided, she learned in December 2001 from other prisoners that a woman who resembled her had been arrested for robbing the same bank Jernigan had been convicted of robbing, and she was charged with also robbing two banks after Jernigan's arrest, but before her trial. Subsequent investigation resulted in the discovery that the government knew that banks in the area continued to be robbed by a woman resembling Jernigan -- after she was jailed and awaiting trial Jernigan filed a motion for a new trial based on the government's failure to turn over the exculpatory evidence. Her motion was denied by the District Court. She appealed and the 9th Circuit Court of Appeals affirmed the denial of a new trial. Jernigan sought and was granted a hearing en banc by the full 9th Circuit. On July 9, 2007 the Court en banc reversed the District Court's ruling and ordered a new trial . habeas petition for a new trial based on the government's failure to disclose the new evidence that she had been mistakenly identified for the actual robber. On February 5, 2008 the federal prosecutors dropped the charge against Jernigan and she was released after 7 years and 3 months in custody. In July 2008 Jernigan filed a federal civil rights lawsuit that named the city's of Mesa, Chandler, Tempe and Gilbert, Arizona as defendants. |
Conviction
Caused By:
|
Erroneous eyewitness identification by five bank eyewitnesses, including the teller that was robbed. |
Innocence
Proved By:
|
On July 9, 2007 the federal Ninth Circuit Court of Appeal ordered a new trial, and on February 5, 2008 the federal prosecutors dropped the charge against Jernigan and she was released
|
Defendant
Aided By:
|
|
Compensation Awarded: |
|
Was Perpetrator Found? |
|
Age
When Imprisoned:
|
32 |
Age
When Released:
|
39 |
Information Source 1: |
U.S. v. Jernigan, No. 05-10086 (9th Cir. July 9, 2007) |
Information
Location 1:
|
|
Information
Source 2:
|
Mother freed from prison for crime she didn't commit, Associated Press, February 7, 2008 |
Information
Location 2:
|
|
Information
Source 3:
|
http://www.leagle.com/unsecure/page.htm?shortname=infdco20100629b08 |
Information
Location 3:
|
|
Information
Source 4:
|
|
Information
Location 4:
|
|
Information
Source 5:
|
|
Information
Location 5:
|
|
Ethnicity/Skin:
|
Hispanic |
Book
About
Case:
|
|
Book
Information:
|
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
|
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org