Wrongly Convicted Database Record
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Charge: |
Child Abuse |
Sentence: |
3 to 10 years |
Years Imprisoned: |
3.2 |
Year Crime: |
2015 |
Year Convicted: |
2016 |
Year Cleared: |
2019 |
U.S. State or Country of Crime: |
Michigan |
County or Region of Crime: |
Saginaw |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Dane Richard Krukowski and Codie Lynn Stevens were codefendants wrongly convicted in 2016 of second-degree child abuse in Saginaw County, Michigan. Their prosecutions were based on the allegation they failed to promptly seek professional medical assistance for their two-month old son -- publicly identified only as RK. They did seek medical care for their son after he jerked and fell from his father's soapy hands in the bathtub on February 7 or 8, 2015, and hit his head in the tub that had water in it -- but the prosecution argued they didn't do so promptly enough. That day Stevens called her mother to get her advice, and they visisted the child's doctor on February 9, but he didn't see anything alarming. On February 21 Krukowski and Stevens took their son to the hospital because he vomited and they thought he had the flu. RK's lab results were normal, but a CAT scan revealed he had bleeding in his brain. RK was released from the hospital nine days later, and Krukowskiand Stevens were charged with second-degree child abuse. After their convictions by a jury, on June 14, 2016 Codie Stevens was sentenced to a minimum of 1 year 6 months in prison and a maximum of 10 years, and Dane Krukowski was sentenced to a minimum of 3 years and a maximum of 10 years in prison. Krukowski and Stevens appealed. On August 1, 2019 the Michigan Court of Appeals reversed their convictions and ordered their acquittals based on the prosecution's failure to introduce evidence at trial proving all essential elements. The Court ruled there was "insufficient evidence to support their convictions because the alleged omission of failing to seek medical attention for RK is not proscribed in the second degree child abuse statute." Consequently, "Under the factual circumstances in this case, and based on the theories presented, the prosecutor failed to present sufficient evidence under which to convict defendants of second-degree child abuse. Accordingly, defendants cannot be retried for second-degree child abuse, MCL 750.136b(3) as dictated by double jeopardy principles. (A reversal for evidentiary insufficiency is the functional equivalent of a trial court's granting a judgment of acquittal at the close of all the evidence.). ... "We vacate defendants convictions and sentences, remand, and direct the trial court to enter judgements of acquittal in both cases." [Michigan v. Dane Richard Krukowski, No. 334320 and Codie Lynn Stevens, No. 337120 (Unpublished) (MI Ct of Appeals, 8-1-2019)] After entering the custody of the Michigan DOC on June 30, 2016, Stevens was discharged from the Michigan DOC on August 22, 2019." |
Conviction Caused By: |
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Innocence Proved By: |
"On August 1, 2019 the Michigan Court of Appeals reversed their convictions and ordered their acquittals based on the prosecution's failure to introduce evidence proving all essential elements." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
25 |
Age When Released: |
28 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Michigan v. Dane Richard Krukowski, No. 334320 and Codie Lynn Stevens, No. 337120 (Unpublished) (MI Ct of Appeals, 8-1-2019) (Reversing convictions and ordering acquittals based on prosecution's failure to introduce evidence proving all essential elements.)" |
Information Location 1: |
https://www.courtlistener.com/pdf/2019/08/01/people_of_michigan_v._dane_richard_krukowski.pdf |
Information Source 2: |
"Dane Richard Krukowski, No. 980748, Michigan DOC" |
Information Location 2: |
https://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=980748 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org