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Wrongly Convicted Database Record
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Charge: |
Criminal Mischief (felony) |
Sentence: |
Exonerated After Conviction But Prior to Sentencing |
Years Imprisoned: |
0.25 |
Year Crime: |
2007 |
Year Convicted: |
2010 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
Florida |
County or Region of Crime: |
Orange |
City of Crime: |
Orlando |
Result: |
Judicially Exonerated Prior To Sentencing |
Summary of Case: |
"Malenne Joseph was wrongly convicted in June 2010 of felony criminal mischief for a a crime committed in December 2007 by a woman only known as 'Marlene,' who went through a house in Conroy, FL and splashed it with paint when she was not paid for a painting job. Malenne Joseph was identified at trial by the contractor who had not seen 'Marlene' for three years. Her defense was that he had misidentified her and she was not "Marlene" who committed the crime. After her conviction her new lawyer interviewed the contractor and for the first time he was informed of her height of 5'2", so she could be "Marlene" becasue she was taller than him, and he was 5'6". The contractor signed an affidavit recanting his trial testimony as erroneous. Her attorney also obtained the new evidence that during the period of time the crime occurred, Joseph was working two jobs, one at Burger King and the other at a nursing-home facility -- but not as a painter. Based on the new evidence of Joseph's innocence, the Orange-Osceola State Attorney's Office agreed to her release on bail on September 15, 2010, and filed a motion on September 28, 2010, to set aside her conviction. Joseph was wrongly imprisoned for three months." |
Conviction Caused By: |
"Misidentification as the "Malene" who committed the criminal mischief, by the eyewitness who didn't know she was only 5'-2" when he identified her, since the actual culprit was taller than he was, and he was 5'6"." |
Innocence Proved By: |
"Based on the new evidence of Joseph's innocence, the Orange-Osceola State Attorney's Office filed a motion on September 28, 2010, to set aside her conviction." |
Defendant Aided By: |
Malenne Joseph's appellate attorney Paula Coffman discovered the new evidence. |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
29 |
Age When Released: |
29 |
Sex: |
Female |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Woman to be exonerated in criminal mischief case Prosecutors ask judge to throw out guilty verdict against Malenne Joseph, By Anthony Colarossi, Orlando Sentinel, September 28, 2010" |
Information Location 1: |
http://articles.orlandosentinel.com/2010-09-28/news/os-convicted-woman-exonerated-20100928_1_kittsie-simmons-malenne-joseph-guilty-verdict |
Information Source 2: |
"Woman who says she was wrongly convicted released from jail, By Anthony Colarossi, Orlando Sentinel, September 15, 2010" |
Information Location 2: |
http://articles.orlandosentinel.com/2010-09-15/news/os-convicted-woman-released-20100915_1_orange-county-jail-wrong-woman-haitian-food |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org