James D. Kent

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Charge:	"Child Pornography (Possession, Manufacture, or Dissemination)"
Sentence:	1 to 3 years
Years Imprisoned:	3
Year Crime:	2007
Year Convicted:	2009
Year Cleared:	2012
U.S. State or Country of Crime:	New York
County or Region of Crime:	Dutchess
City of Crime:	Poughkeepsie
Result:	Judicially Exonerated Released
Summary of Case:	"James D. Kent was wrongly convicted in New York of two counts of child pornography for having pornography on his work computer at the college where he was a professor. (The two coutns were, Promoting a Sexual Performance by a Child (Penal Law § 263.15) and Possessing a Sexual Performance by a Child (Penal Law § 263.16).) He was sentenced to 1 to 3 years in prison. On May 8, 2012 New York's Court of Appeals overturned Kent's child pornography convictions on the basis that simply viewing child porn on the Internet is not enough to prove he was promoting or possessing it, and therefore there was insufficient evidence to prove he committed a crime. His retrial was barred by double jeopardy."
Conviction Caused By:	Erroneous interpretation of the trial judge on what constitutes possession of child pornography.
Innocence Proved By:	"On May 8, 2012 New York's Court of Appeals overturned Kent's child pornography convictions on the basis that simply viewing child porn on the Internet is not enough to prove its procurement or possession, and therefore he committed no crime."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	61
Age When Released:	63
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"The People v. James D. Kent, No. 70 (NY Ct of Appeals, 5-8-12)"
Information Location 1:	http://www.nycourts.gov/ctapps/Decisions/2012/May12/70opn12.pdf
Information Source 2:	"NY's highest court tosses child porn convictions, Daily Freeman, May 12, 2012"
Information Location 2:	http://www.dailyfreeman.com/articles/2012/05/12/news/doc4fadc30767615793456955.txt
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James D. Kent

Charge:

"Child Pornography (Possession, Manufacture, or Dissemination)"

Sentence:

1 to 3 years

Years Imprisoned:

3

Year Crime:

2007

Year Convicted:

2009

Year Cleared:

2012

U.S. State or Country of Crime:

New York

County or Region of Crime:

Dutchess

City of Crime:

Poughkeepsie

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Erroneous interpretation of the trial judge on what constitutes possession of child pornography.

Innocence Proved By:

"On May 8, 2012 New York's Court of Appeals overturned Kent's child pornography convictions on the basis that simply viewing child porn on the Internet is not enough to prove its procurement or possession, and therefore he committed no crime."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

61

Age When Released:

63

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"The People v. James D. Kent, No. 70 (NY Ct of Appeals, 5-8-12)"

Information Location 1:

http://www.nycourts.gov/ctapps/Decisions/2012/May12/70opn12.pdf

Information Source 2:

"NY's highest court tosses child porn convictions, Daily Freeman, May 12, 2012"

Information Location 2:

http://www.dailyfreeman.com/articles/2012/05/12/news/doc4fadc30767615793456955.txt

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: