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Wrongly Convicted Database Record
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Charge: |
Arson |
Sentence: |
"5 years to Life Imprisonment & $600,000 restitution" |
Years Imprisoned: |
8 |
Year Crime: |
2006 |
Year Convicted: |
2006 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Utah |
County or Region of Crime: |
Utah |
City of Crime: |
Provo |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Herbert Landry was wrongly convicted on August 16, 2006 of first-degree aggravated arson for a fire on February 26, 2006 at the apartment where he lived in Provo, Utah. Landry's conviction was based in part on the expert testimony by the Provo fire marshal that the fire was arson. After his conviction by a jury that had deliberated for eight hours, Landry was sentenced to five years to life in prison, and ordered to pay $600,000 restitution. Landry's conviction were affirmed on appeal and he filed a post-conviction petition based on ineffective assistance of his trial counsel who failed to object to admission of the prosecution evidence that an accelerant-detection dog had signaled to three spots in Landry's apartment and that investigators insisted the fire had started due to a flammable liquid poured on the floor, though no such accelerant or flammable liquid was ever found. Landry's trial lawyer didn't consult with an arson expert, but instead consulted with the Provo fire marshall who was the State's arson expert. Landry also alleged his appellate counsel was deficient. Landry obtained new expert evidence post-conviction that cast doubt on the evidence the jury relied on that the trial was arson. Landry's petition was summarily denied by the trial judge, and he appealed. On December 13, 2012 the Utah Court of Appeals reversed the trial judge's ruling, and ordered an evidentiary hearing. After the evidentiary hearing the judge denied Landry's petition. Landry appealed. On July 29, 2016 the Utah Court of Appeal reversed the trial judge's ruling, granted Landry's petition, and ordered a new trial. The Provo County District Attorney declined to retry Landry and the DA's Motion to dismiss the charges was granted on January 24, 2017. Landry had been released on parole in 2014." |
Conviction Caused By: |
Ineffective assistance of trial and appellate counsel. |
Innocence Proved By: |
"On July 29, 2016 the Utah Court of Appeal reversed the trial judge's ruling, granted Landry's petition, and ordered a new trial. The Provo County District Attorney declined to retry Landry and the DA's Motion to dismiss the charges was granted on January 24, 2017. Landry had been released on parole in 2014." |
Defendant Aided By: |
"Attorneys Cory Talbot and Ben Machlis of the Salt Lake City Office of Holland & Hart Law Firm, and the Rocky Mountain Innocence Center." |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
46 |
Age When Released: |
54 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Katrina Evacuee's Conviction Overturned By Pro Bono Representation, By Staff, Holland & Hart, February 2, 2017" |
Information Location 1: |
https://www.hollandhart.com/katrina-evacuees-conviction-overturned-by-pro-bono-representation?rel=0&wmode=transparent&autoplay=1 |
Information Source 2: |
"Landry v. State, 293 P. 3d 1092, 2012 UT App 350 (Utah Court of Appeals, 12-13-2012) (Ordering evidentiary hearing)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=16855226794445149194&q=Herbert+Landry&hl=en&as_sdt=6,48" |
Information Source 3: |
"New trial granted for Katrina evacuee's appeal in Provo arson case, By McKenzie Romero, Deseret News, August 2, 2016" |
Information Location 3: |
http://www.deseretnews.com/article/865659253/New-trial-granted-for-Katrina-evacuees-appeal-in-Provo-arson-case.html |
Information Source 4: |
"Guilty verdict in Provo arson, By Amy Choate-Nielsen, Deseret News (St. Lake City), Aug. 17, 2006" |
Information Location 4: |
http://www.deseretnews.com/article/645193816/Guilty-verdict-in-Provo-arson.html?pg=all |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org