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Wrongly Convicted Database Record
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Charge: |
"Child Pornography (Possession, Manufacture, or Dissemination)" |
Sentence: |
2 to 15 years in prison |
Years Imprisoned: |
1 |
Year Crime: |
2011 |
Year Convicted: |
2012 |
Year Cleared: |
2013 |
U.S. State or Country of Crime: |
New Hampshire |
County or Region of Crime: |
Rockingham |
City of Crime: |
Salem |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"David Lantagne was wrongly convicted in August 2012 in Salem, New Hampshire of three counts of possessing child pornography. After being convicted by a judge only trial, Lantagne was sentenced on January 3, 2013 to 2 to 15 years in prison. Lantagne was allowed to remain free pending the outcome of his appeal. On December 24, 2013 the New Hampshire Supreme Court overturned David Lantagne's conviction on the basis there was no admissible evidence to support his convictions because the police illegally searched his home and all evidence that was seized had to be excluded, contrary to the trial judge's ruling allowing the evidence." |
Conviction Caused By: |
Trial judge erroneously admitted evidence seized by the police during an illegal search of David Lantagne's home. |
Innocence Proved By: |
"On December 24, 2013 the New Hampshire Supreme Court overturned David Lantagne's conviction on the basis there was no admissible evidence to support his convictions because the police illegally searched his home and all evidence that was seized had to be excluded as "fruit of the poisonous tree," contrary to the trial judge's ruling." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
47 |
Age When Released: |
48 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"The State of New Hampshire v. David Lantagne, No. 2013-069 (NH Sup. Ct, 12-24-13)" |
Information Location 1: |
http://www.courts.state.nh.us/supreme/opinions/2013/2013091lantagne.pdf |
Information Source 2: |
"Salem man convicted on pornography charges, By Doug Ireland direland (staff writer), The Eagle-Tribune, October 18, 2012" |
Information Location 2: |
http://www.eagletribune.com/latestnews/x1133187298/Salem-man-convicted-on-pornography-charges |
Information Source 3: |
"Salem man sentenced in child pornography case, By James A. Kimble (Union Leader Correspondent), The Salem Observer, January 4, 2013" |
Information Location 3: |
http://www.newhampshire.com/apps/pbcs.dll/article?AID=/20130104/NEWHAMPSHIRE1411/130109609/0/FromOnline |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org