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Wrongly Convicted Database Record
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Charge: |
Failure to report or register as a sex offender |
Sentence: |
2 years |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2018 |
U.S. State or Country of Crime: |
Illinois |
County or Region of Crime: |
St. Clair |
City of Crime: |
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Result: |
Judicially Exonerated (Not released due to other charges.) |
Summary of Case: |
"Shane A. Kitterman was wrongly convicted in December 2013 of the class 2 felony of failing to register as a sex offender for providing false information on a sex offender registration form in St. Clair County, Illinois. In January 1996 Shane Kitterman was convicted by way of his guilty plea to aggravated criminal sexual abuse, and he was sentenced to four years probation. He was also required to register as a sex offender for ten years. In July 2005 Kitterman pled guilty and was convicted of three felonies: obstructing justice; failure to register as a sex offender for failing to report a change of address; and retail theft. Kitterman was sentenced to three years' imprisonment, one year for each offense, to run consecutively. In December 2006, Kitterman was released from prison and notified by the Illinois State Police his sex offender registration requirement had been extended for 10 years. On November 5, 2012 Kitterman was charged by information with one count of unlawful failure to register as a sex offender in violation of SORA. In January 2013 Kitterman filed a pretrial motion challenging the 10 year extension of his sex offender registration, arguing he had not been informed of that before pleading guilty. The trial court dismissed his motion that was opposed by the State. During Kitterman's December 2013 trial the State admitted into evidence a copy of his 1996 conviction, but it did not admit any evidence his 10 year registration requirement was extended past 2006. The jury found Kitterman guilty, and he was sentenced to two years probation. Kitterman appealed. On August 10, 2018 the Illinois Appellate Court Fifth District unanimously reversed Kitterman's conviction on the basis the prosecution failed to introduce sufficient evidence to prove him guilty beyond a reasonable doubt, and ordered dismissal of his charge. The Court's ruling stated: " Thus, we hold that in order to prove that the defendant unlawfully failed to register as a sex offender for giving a false address, the State was required to present evidence that the defendant had a continuing duty to register on the date of the alleged offense. The State concedes, and we agree, that it failed to present evidence to establish that the defendant's registration period was either tolled by imprisonment or extended by a subsequent conviction following his initial 10-year registration period that began in January 1996. Accordingly, even viewing the evidence in the light most favorable to the State, we conclude that no rational trier of fact could have found the defendant was required to register and provide material information pursuant to SORA at the time of the alleged offense. Because this issue is dispositive, we need not address the defendant's remaining arguments. CONCLUSION: We find the evidence adduced at trial was insufficient to sustain the defendant's conviction where the State failed to prove that the defendant had a duty to register. For the foregoing reasons, we reverse outright the defendant's conviction and sentence." People of the State of Illinois v. Shane A. Kitterman, 2018 IL App (5th) 140415-U (Ill. Appellate Ct Fifth Dist, 8-10-2018) Kitterman represented himself. He was not released because he had to serve the remainder of the time from his 2005 convictions." |
Conviction Caused By: |
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Innocence Proved By: |
"On August 10, 2018 the Illinois Appellate Court Fifth District unanimously reversed Kitterman's conviction on the basis the prosecution failed to introduce sufficient evidence to prove him guilty beyond a reasonable doubt, and ordered dismissal of his charge." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"People of the State of Illinois v. Shane A. Kitterman, 2018 IL App (5th) 140415-U (Ill. Appellate Ct Fifth Dist, 8-10-2018) (Reversing conviction and ordering dismissal of charged based on insufficient prosecution evidence.)" |
Information Location 1: |
www.illinoiscourts.gov/R23_Orders/AppellateCourt/2018/5thDistrict/5140415_R23.pdf |
Information Source 2: |
"Appellate court reverses sex offender registration conviction, By Charmaine Little, Madison - St. Clair Record, Aug 26, 2018" |
Information Location 2: |
https://madisonrecord.com/stories/511534223-appellate-court-reverses-sex-offender-registration-conviction |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org