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Wrongly Convicted Database Record
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Charge: |
Second Degree Manslaughter |
Sentence: |
3 to 9 years |
Years Imprisoned: |
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Year Crime: |
2008 |
Year Convicted: |
2012 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Suffolk |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Jennifer Jorgensen was wrongly convicted of manslaughter in the death of her six-day old son. Jorgensen was 29-years-old and 34-months pregnant with her daughter on May 30, 2008 when the car she was driving crossed into the lane of oncoming traffic and collided with another vehicle in Suffolk County, New York. Robert Kelly and Mary Kelly died after their vehicle collided with Jorgensen's vehicle. Jorgensen was taken to the hospital where she consented to an emergency cesarean section. Six days later her son died. An autopsy discovered the cause of death was due to injuries sustained in the accident -- while he was still in his mother's womb. In July 2009 Jorgensen was indicted on three counts of first-degree manslaughter, one count of aggravated vehicular homicide, and one count of operating a motor vehicle while under the combined influence of alcohol or drugs. The charges were based on the prosecution's theory that Jorgensen acted recklessly by driving without a seat belt in excess of 50 miles per hour in a 30 mile-per-hour zone while under the influence of prescription drugs and/or alcohol, when she struck the Kelly vehicle in the Kellys' lane of traffic. Her first trial ended in a mistrial due the jury's inability to reach any unanimous verdicts. Jorgensen was retried on all the charges. On June 22, 2012 the jury acquitted Jorgensen of all charges except for second-degree manslaughter in the death of her son. Jorgensen was sentenced to serve three to nine years in prison, however, she was allowed to remain free on bond pending the outcome of her appeal. Jorgensen appealed, and on January 22, 2014 the Appellate Division of the Supreme Court of New York affirmed her conviction. On October 22, 2015 the New York State Court of Appeals reversed the Appellate Division's affirmation of Jorgensen's conviction on the basis New York's manslaughter statute doesn't apply to the death of an infant born after the alleged "reckless" act by the pregnant mother. The Court stated: "The imposition of criminal liability upon pregnant women for acts committed against a fetus that is later born and subsequently dies as a result of injuries sustained while in utero should be clearly defined by the legislature, not the courts. It should also not be left to the whim of the prosecutor. ... Accordingly, the order of the Appellate Division should be reversed, and the remaining count of the indictment dismissed."" |
Conviction Caused By: |
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Innocence Proved By: |
"On October 22, 2015 the New York State Court of Appeals reversed the Appellate Division's affirmation of Jorgensen's conviction on the basis New York's manslaughter statute doesn't apply to the death of an infant born after the alleged "reckless" act by the pregnant mother. The Court stated: "The imposition of criminal liability upon pregnant women for acts committed against a fetus that is later born and subsequently dies as a result of injuries sustained while in utero should be clearly defined by the legislature, not the courts. It should also not be left to the whim of the prosecutor. ... Accordingly, the order of the Appellate Division should be reversed, and the remaining count of the indictment dismissed."" |
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: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"The People v. Jennifer Jorgensen, No. 179 (NYS Court of Appeal, 10-22-2015) (Reversing Court of Appeals ruling, and reversing conviction on basis of insufficient evidence and ordering dismissal of charges.)" |
Information Location 1: |
https://www.nycourts.gov/ctapps/Decisions/2015/Oct15/179opn15-Decision.pdf |
Information Source 2: |
"Court Overturns LI Woman’s Conviction In 2008 Death Of Baby, By Mona Rivera, CBS Channel 2 (New York, NY), 10/22/2015" |
Information Location 2: |
http://newyork.cbslocal.com/2015/10/22/jennifer-jorgensen-conviction-overturned/ |
Information Source 3: |
"New York's highest court tosses manslaughter conviction against Jennifer Jorgensen of Sound Beach in 2008 crash, By Andrew Smith (Staff writer), Newsday, October 22, 2015" |
Information Location 3: |
https://www.newsday.com/long-island/suffolk/new-york-s-highest-court-tosses-manslaughter-conviction-against-jennifer-jorgensen-of-sound-beach-in-2008-crash-1.10999277 |
Information Source 4: |
"People v. Jorgensen, 113 AD 3d 793, 978 N.Y.S.2d 361, 2014 NY Slip Op 379 (NY Appellate Div., 2nd Dept. 1-22-2014) (Affirming conviction)" |
Information Location 4: |
"https://scholar.google.com/scholar_case?case=5055961681330612497&q=113++AD3d++793,++978++NYS2d++361&hl=en&as_sdt=6,48" |
Information Source 5: |
"Ridge woman convicted of manslaughter 2nd degree; acquitted of four other charges, Press Release, County of Suffolk District Attorney’s Office, March 19, 2012" |
Information Location 5: |
http://www.suffolkcountyny.gov/Portals/da/PDFs/march%202012/2012%2003%2019%20ridgewomanconvicted.pdf |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org