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Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
15 years |
Years Imprisoned: |
10 |
Year Crime: |
2001 |
Year Convicted: |
2002 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
Washington |
County or Region of Crime: |
Cowlitz |
City of Crime: |
Kalama |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Thomas Edward Kennedy was wrongly convicted in 2002 of raping his daughter Casandra Ann Kennedy, on at least three occasions at their Kalama, Washington home in early 2001 when she was 11-years-old. A medical exam revealed that she had some physical trauma. During Kennedy's trial in 2002 the prosecution's case was based on Casandra's testimony and the expert testimony about her physical trauma. The jury convicted Thomas Kennedy and he was sentenced to more than 15 years in prison. On January 23, 2012, the 23-year-old Casandra went to the Longview police and informed them that she had made up the accusation against her father. She told the police she had spent the previous several months at a Christian addiction treatment center and realized what she did was wrong. She said that she got the idea from a friend whose father went to prison for sexually assaulting a child. She said that in falsely accusing her father she acted out of "vengeance" and anger that her father didn't seem to want to spend time with her. She also told the police that she had been sexually active since the second grade but her father had never sexually touched her. The police began an investigation and determined that her recantation was credible. A hearing to consider a motion to set aside Kennedy's conviction was held on March 26, 2012 in the courtroom of Cowlitz County Superior Court Judge Jim Warme -- the same judge who had sentenced Kennedy to prison in 2002. Judge Warme ruled that Cassandra's recantation was credible and since it was the sole evidence upon which Kennedy's conviction was based, the judge vacated Kennedy's conviction and ordered his immediate release. Kennedy was wrongly imprisoned for almost 10 years. Kennedy filed a claim under the State of Washington's wrongful imprisonment compensation statute, and in September 2014 he was awarded $519,973 for his 3,242 days in prison, the year he was registered as a sex offender, and attorney fees." |
Conviction Caused By: |
"Perjury by Kennedy's accuser, his then 11-year-old daughter." |
Innocence Proved By: |
"On March 26, 2012 Cowlitz County Superior Court Judge Jim Warme -- the same judge who had sentenced Kennedy to prison in 2002 -- ruled that Cassandra's recantation was credible and since it was the sole evidence upon which Kennedy's conviction was based, the judge vacated Kennedy's conviction and ordered his immediate release." |
Defendant Aided By: |
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Compensation Awarded: |
"$519,973 (State of Washington, Sept. 2014)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
32 |
Age When Released: |
42 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Local girl lied about 2001 rape; father set free, By Tony Lystra (staff), The Daily News (Longview, WA), April 1, 2012" |
Information Location 1: |
http://tdn.com/news/local/local-girl-lied-about-rape-father-set-free/article_bf9cac36-7c7a-11e1-a9e4-001a4bcf887a.html |
Information Source 2: |
"Casandra Kennedy Recants Rape Charge Against Her Father, Freed After 9 Years, By Winston Ross, The Daily Beast, April 10, 2012" |
Information Location 2: |
http://www.thedailybeast.com/articles/2012/04/10/casandra-kennedy-recants-rape-charge-against-her-father-freed-after-9-years.html |
Information Source 3: |
"Prosecutor clarifies remarks about overturned rape conviction, By Tony Lystra (staff), The Daily News (Longview, WA), April 4, 2012" |
Information Location 3: |
http://tdn.com/news/local/prosecutor-clarifies-remarks-about-overturned-rape-conviction/article_88f316a0-7ea2-11e1-90b7-001a4bcf887a.html |
Information Source 4: |
"Rape conviction tossed, Longview man struggles to find new future, By Tony Lystra (staff), The Daily News (Longview, WA), April 14, 2012" |
Information Location 4: |
http://tdn.com/news/local/rape-conviction-tossed-longview-man-struggles-to-find-new-future/article_a5bd9e56-867a-11e1-8d76-001a4bcf887a.html?oCampaign=hottopics |
Information Source 5: |
"Wrongfully convicted man wins $500,000 settlement under new Washington compensation act, By Associated Press, The Oregonian, September 30, 2014" |
Information Location 5: |
http://www.oregonlive.com/pacific-northwest-news/index.ssf/2014/09/wrongfully_convicted_man_wins.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org