Wrongly Convicted Database Record

 

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Herman Kaglik (1993 conviction)

 

Charge:

Rape

Sentence:

6 years

Years Imprisoned:

4.33

Year Crime:

Year Convicted:

1993

Year Cleared:

1998

U.S. State or Country of Crime:

Canada

County or Region of Crime:

NW Territories

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Herman Kaglik was wrongly convicted in 1993 of raping his 37-year-old niece, based on her testimony, and sentenced to six years in prison. The niece's accusations were in addition to alleged rapes of her he had been convicted in 1992 of committing, and for which he was sentenced to four years in prison. With his 1992 and 1993 convictions he was sentenced to a total of ten years imprisonment. In 1996 DNA testing of the prosecution's evidence excluded him as a possible attacker of the woman and he was released on bail after more than four years of imprisonment. In 1998 the charges were dismissed. 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:

Compensation Awarded:

"CAN$1.1 million (Ottawa, Saskatchewan, Canada)"

Was Perpetrator Identified?

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:

Information Source 3:

AIDWYC website - Wrongful convictions webpage

Information Location 3:

http://www.aidwyc.org/

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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