Brian Kelly

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Charge:	Rape
Sentence:	6 years
Years Imprisoned:	4
Year Crime:	1987
Year Convicted:	1989
Year Cleared:	2004
U.S. State or Country of Crime:	United Kingdom
County or Region of Crime:	Scotland
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Brian Kelly was wrongly convicted on November 30, 1989 of raping an acquaintance in 1987 based on his DNA being an article of the woman's clothing. Brian Kelly was a police officer, and the woman did not identify him. However, because he knew the woman he voluntarily provided a DNA sample to exclude him from any suspicion of assauting the woman. A DNA test established his DNA was on an item of her clothing. His conviction was primarily based on the DNA evidence. Kelly was one of the first persons in the United Kingdom convicted on the basis of incriminating DNA evidence. He was sentenced to six years in prison, and released in 1993 after serving four years. Still protesting his innocence, Kelly contacted the newly created Scottish Criminal Case Review Commission. Their investigation discovered that Kelly's DNA sample had been placed next to the clothing item prior to testing and their was a high possibility of cross-contamination. On December 14, 2000 his case was referred to Scotland's Court of Appeals. Based on newly discovered evidence that the victim's item of clothing had likely been cross-contaminated with Kelly's DNA, his conviction was quashed by the Scottish Court of Appeals on August 6, 2004."
Conviction Caused By:	Cross-contamination of his DNA with an item of the victim's clothing.
Innocence Proved By:	"Based on newly discovered evidence that the clothing had likely been cross-contaminated with Kelly's DNA, his conviction was quashed by the Scottish Court of Appeals on August 6, 2004."
Defendant Aided By:	Scottish Criminal Cases Review Commission
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	32
Age When Released:	36
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Rape' officer clears his name, BBC News, August 6, 2004"
Information Location 1:	http://news.bbc.co.uk/2/hi/uk_news/scotland/3542160.stm
Information Source 2:	"Brian Kelly, Scottish Criminal Cases Review Commission referred cases database (last viewed Feb. 7, 2014)"
Information Location 2:	http://www.sccrc.org.uk/conviction.aspx?start=65
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Brian Kelly

Charge:

Rape

Sentence:

6 years

Years Imprisoned:

4

Year Crime:

1987

Year Convicted:

1989

Year Cleared:

2004

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

Scotland

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Cross-contamination of his DNA with an item of the victim's clothing.

Innocence Proved By:

"Based on newly discovered evidence that the clothing had likely been cross-contaminated with Kelly's DNA, his conviction was quashed by the Scottish Court of Appeals on August 6, 2004."

Defendant Aided By:

Scottish Criminal Cases Review Commission

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

32

Age When Released:

36

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Rape' officer clears his name, BBC News, August 6, 2004"

Information Location 1:

http://news.bbc.co.uk/2/hi/uk_news/scotland/3542160.stm

Information Source 2:

"Brian Kelly, Scottish Criminal Cases Review Commission referred cases database (last viewed Feb. 7, 2014)"

Information Location 2:

http://www.sccrc.org.uk/conviction.aspx?start=65

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: