Wrongly Convicted Database Record

 

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Mark Kempster

 

Charge:

Burglary (including aggravated)

Sentence:

10 years

Years Imprisoned:

7

Year Crime:

2000

Year Convicted:

2001

Year Cleared:

2008

U.S. State or Country of Crime:

United Kingdom

County or Region of Crime:

England

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Mark Kempster was wrongly convicted of burglary in 2000 based on erroneous testimony about the reliability of earprint identification, and that an earprint found at the crime scene matched, and could only match Kempster. He was sentenced to ten years imprisonment. Kempster submitted an application to England's CCRC, which accepted his case. In July 2007 the CCRC referred Kempster's case to the Court of Appeal. In April 2008 the Court of Appeals quashed Kempster's conviction based on new evidence that earprint testimony is unreliable. Kempster wasn't immediately released because he had other convictions that weren't overturned."

Conviction Caused By:

Erroneous expert testimony about the reliability of earprint identification.

Innocence Proved By:

In April 2008 the Court of Appeals quashed Kempster's conviction based on new evidence that earprint testimony is unreliable.

Defendant Aided By:

England's CCRC

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

35

Age When Released:

42

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Ear evidence gets a day in court, BBC News, April 16, 2008"

Information Location 1:

http://news.bbc.co.uk/2/hi/uk_news/7351404.stm

Information Source 2:

"Burglar jailed over ear-print wins appeal, Daily Telegraph (London), April 18, 2008"

Information Location 2:

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2008/04/17/near117.xml

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

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