Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
4 years |
Years Imprisoned: |
4.33 |
Year Crime: |
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Year Convicted: |
1992 |
Year Cleared: |
1998 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
NW Territories |
City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Herman Kaglik was wrongly convicted in 1992 of raping his 37-year-old niece, based on her testimony, and sentenced to four years in prison. The niece later accused him of committing additional rapes after he had served a year of prison. He was convicted in 1993 of the additional charges and sentenced to an additional six years prison, for ten years total. In 1996 DNA testing of the prosecution's evidence excluded him as a possible attacker of the woman. In 2001 he was awarded $1.1 million in compensation for his two wrongful convictions." |
Conviction Caused By: |
"Perjured testimony by the alleged rape victim, his 37 year old niece." |
Innocence Proved By: |
1992 and 1993 convictions overturned after he was excluded by post-conviction DNA testing as a possible attacker. |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
35 |
Age When Released: |
39 |
Sex: |
Male |
Skin/Ethnicity: |
Native |
Information Source 1: |
"$1.1 Million Award For False Conviction, Janice Tibbetts, The Ottawa Citizen, 12-19-2001" |
Information Location 1: |
http://www.fact.on.ca/news/news0112/oc011219.htm |
Information Source 2: |
""Ottawa quietly pays man $1M for wrongful conviction: accused of raping niece," Janice Tibbetts (Southam News), National Post, 12-19-2001" |
Information Location 2: |
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Information Source 3: |
AIDWYC website - Wrongful convictions webpage |
Information Location 3: |
http://www.aidwyc.org/ |
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Book About Case: |
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Movie About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org