Wrongly Convicted Database Record

 

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Paul Kamienski

 

Charge:

Murder

Sentence:

Life Imprisonment

Years Imprisoned:

22

Year Crime:

1983

Year Convicted:

1988

Year Cleared:

2009

U.S. State or Country of Crime:

New Jersey

County or Region of Crime:

Ocean

City of Crime:

Toms River

Result:

Judicially Exonerated

Summary of Case:

"Paul Kamienski was wrongly convicted of first-degree murder and felony murder in 1988 as an accomplice to the 1983 murder of a husband and wife about 50 miles north of Atlantic City, New Jersey. The couple had a large quantify of cocaine to sell and Paul Kamienski introduced them to a cocaine dealer. Kamienski was present to witness the exchange, but unbeknownst to him the dealer and his partner intended to kill the couple and steal the cocaine. After Kamienski's conviction his lawyer filed a post-verdict motion to vacate the conviction on the basis that the prosecution conceeded Kamienski had no advance knowledge of the robbery and murder, and therefore he was not an accomplice to it. The judge agreed the jury's instruction on 'accomplice liability' was erroneous and vacated Kamienski's conviction. The New Jersey Court of Appeals reinstated Kamienski's conviction. After a U.S. District Court judge denied Kamienski's writ of habeas corpus, on May 28, 2009 the 3rd Circuit Court of Appeals reversed the lower courts ruling and ordered that Kamienski's habeas petition be granted. On June 16, 2009 Kamienski was released on $1 million bail."

Conviction Caused By:

The trial judge erred in his instruction about what constitutes 'accomplice liability' for murder.

Innocence Proved By:

"After a U.S. District Court judge denied Kamienski's writ of habeas corpus, on May 28, 2009 the 3rd Circuit Court of Appeals reversed the lower courts ruling and ordered that Kamienski's habeas petition be granted. On June 16, 2009 Kamienski was released on $1 million bail."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

39

Age When Released:

61

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Kamienski v. Hendricks, No. 06-4536 (3rd cir., 05-28-2009)"

Information Location 1:

Information Source 2:

"Former ocean county man has decades-old murder conviction overturned, by MaryAnn Spoto, Star-Ledger (Newark, NJ), May 28, 2009"

Information Location 2:

http://www.nj.com/news/index.ssf/2009/05/former_ocean_county_man_has_de.html

Information Source 3:

"After 22 Years in Prison, Man Convicted of Role in 2 Murders Is Freed, By David Kocieniewski (staff), New York Times, June 17, 2009"

Information Location 3:

http://www.nytimes.com/2009/06/17/nyregion/17release.html?ref=nyregion

Information Source 4:

"Release Paul Now: Innocent and Unfairly Convicted in Ocean County, New Jersey"

Information Location 4:

http://releasepaulnow.com/paul-kamienski-story.aspx

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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