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Wrongly Convicted Database Record
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Charge: |
Felony Murder |
Sentence: |
Life Imprisonment without possibility of parole |
Years Imprisoned: |
4.83 |
Year Crime: |
2012 |
Year Convicted: |
2014 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Georgia |
County or Region of Crime: |
Clayton |
City of Crime: |
Stockbridge |
Result: |
Judicially Exonerated (Not released due to other charges.) |
Summary of Case: |
"Lisa Ann Lebis was wrongly convicted on February 17, 2014 of felony murder in the shooting death of Clayton County Police Officer Sean Callahan on December 17, 2012 in Stockbridge, Georgia. She was also convicted of four counts of misdemeanor obstruction of justice and four felony counts related to possession of a firearm. Lebis' felony murder prosecution was based on her husband Tremaine Lebis shooting Callahan after he and his partner came to the Motel 6 where the manager was trying to evict them for non-payment. Tremaine was shot to death by Callahan's partner. Her firearm possession charges were based on her cohabitation with Tremaine in the motel room where he had five weapons. Lisa Lebis was indicted in May 2013 for being party to felony murder based on Tremaine's possession of a firearm as a convicted felon, and several other charges. After her conviction by a jury of felony murder and four misdemeanor counts of obstructing a police officer, Lisa Lebis was sentenced on March 10, 2014 to life in prison without parole for felony murder, plus 25 years in prison for her other convictions. She appealed. On October 31, 2017 the Georgia Supreme Court reversed Lisa Lebis' felony murder conviction and two misdemeanor counts of obstructing a police officer, on the basis there was insufficient evidence to prove her guilt beyond a reasonable doubt. On October 31, 2017 the Georgia Supreme Court unanimously reversed Lisa Lebis' felony murder conviction and two misdemeanor counts of obstructing a police officer, on the basis there was insufficient evidence to prove her guilt beyond a reasonable doubt. The Court's ruling stated: "the felony murder count against Lebis requires proof that she jointly possessed the murder weapon at the time of the murder. The State did not prove what it charged. '[A]t [the] given time’ that Tremaine shot Officer Callahan, the evidence shows that Tremaine, not Lebis, had actual and sole possession of the .357 caliber Glock that he pulled from the fanny pack he wore. Tremaine had left the motel room, and there is no evidence that Lebis had the intention or ability to exercise control over the weapon at that point." The Court stated regarding Lebis' two convictions for obstructing the arrest of Tremaine during which he shot Officer Callahan, "we agree that the evidence was insufficient to support those convictions." The Court affirmed Lebis' two other misdemeanor obstruction convictions and her weapons convictions. She will be resentenced based on her remaining convictions, for which she was originally sentenced to 22 years in prison." |
Conviction Caused By: |
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Innocence Proved By: |
"On October 31, 2017 the Georgia Supreme Court unanimously reversed Lisa Lebis' felony murder conviction and two misdemeanor counts of obstructing a police officer, on the basis there was insufficient evidence to prove her guilt beyond a reasonable doubt. The Court's ruling stated: "the felony murder count against Lebis requires proof that she jointly possessed the murder weapon at the time of the murder. The State did not prove what it charged. '[A]t [the] given time’ that Tremaine shot Officer Callahan, the evidence shows that Tremaine, not Lebis, had actual and sole possession of the .357 caliber Glock that he pulled from the fanny pack he wore. Tremaine had left the motel room, and there is no evidence that Lebis had the intention or ability to exercise control over the weapon at that point." The Court stated regarding Lebis' two convictions for obstructing the arrest of Tremaine during which he shot Officer Callahan, "we agree that the evidence was insufficient to support those convictions." The Court affirmed Lebis' two other misdemeanor obstruction convictions." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
40 |
Age When Released: |
45 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Lebis v. The State, No. S17A0948 (Ga. Sup. Ct., 10-31-2017)" |
Information Location 1: |
http://www.gasupreme.us/wp-content/uploads/2017/10/s17a0948.pdf |
Information Source 2: |
"Woman's 2012 conviction for murder of Clayton Co. police officer overturned, By Michael King, WXIA-TV (Atlanta, Ga), October 31, 2017" |
Information Location 2: |
http://www.11alive.com/article/news/crime/womans-2012-conviction-for-murder-of-clayton-co-police-officer-overturned/85-487579317?scroll=0 |
Information Source 3: |
"Wife of slain man who killed Clayton cop found guilty of murder, By Marcus K. Garner (Staff), The Atlanta Journal-Constitution, Feb. 17, 2014" |
Information Location 3: |
http://www.ajc.com/news/wife-slain-man-who-killed-clayton-cop-found-guilty-murder/nWXNwTibnWVW2khxpkIKdJ/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org