Wrongly Convicted Database Record
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Charge: |
First Degree Manslaughter |
Sentence: |
10 years |
Years Imprisoned: |
2 |
Year Crime: |
1890 |
Year Convicted: |
1895 |
Year Cleared: |
1897 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Erie |
City of Crime: |
Buffalo |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Joseph Ledwon and his wife Annie Ledwon were wrongly convicted of second-degree murder and firsr-degree manslaughter, respectively, related to the death of Annie's former husband George Borowiee, whose death by hanging on September 11, 1890 was originally ruled a suicide. Joseph was sentenced to life in prison and Annie was sentenced to 10 years in prison. Annie married Joseph Ledwon on April 7, 1891. The prosecution argued at their trial that they conspired to kill her husband George so they could marry. The prosecution's key witness was Annie's son who was less than eight at the time of his father's death, and he gave contradictory testimony. "Joseph and Annie Ledwon, were indicted for the murder of Annie's former husband whose dead body had been found "suspended by the neck with a rope from the crosspiece over the vault" in the water closet of his home. While suicide had originally been found to have been the cause of death, an indictment for murder followed. The testimony of the son of the deceased and Annie provided the only direct proof in the case that the death was other than suicide. Although the Trial Judge correctly characterized the son's testimony as "involved in `hopeless contradictions,'" he left it to the jury to find whether, on the whole, such testimony implicating the defendants, was worthy of belief (p 21). The Court of Appeals in reversing the conviction [in 1897] stated that "[g]uilt in such a case cannot be established beyond a reasonable doubt by the testimony of such a witness, who is, evidently, either from moral or mental defects, irresponsible" (p 22)." (People v. Reed, 40 N.Y.2d 204, 208-209, 352 N.E.2d, 558, 386 N.Y.S.2d 371 (1976))" |
Conviction Caused By: |
"Unreliable contradictory evidence by the prosecution's key witness, Annie's son who was less than eight at the time of his father's death." |
Innocence Proved By: |
In 1897 the New York Court of Appeal overturned the convictions of Joseph Ledwon and Annie Ledwon on the basis of insufficient evidence and ordered their acquittal. |
Defendant Aided By: |
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Compensation Awarded: |
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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: |
Female |
Skin/Ethnicity: |
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Information Source 1: |
"People v., Joseph Ledwon and Annie Ledwon, 153 N.Y. Rep. 10 (May 4, 1897) (Reversing convictions based on prosecution's failure to prove elements of crime with sole witness who presented conflicting testimony.)" |
Information Location 1: |
https://casetext.com/case/people-v-ledwon |
Information Source 2: |
"People v., Joseph Ledwon and Annie Ledwon, 153 N.Y. Rep. 10 (May 4, 1897) (Reversing convictions based on prosecution's failure to prove elements of crime with sole witness who presented conflicting testimony.)" |
Information Location 2: |
http://books.google.com/books?id=-rgDAAAAYAAJ&pg=PA10&lpg=PA10&dq=Joseph+ledwon+and+Annie+Ledwon&source=bl&ots=Robqykz0Wc&sig=fLDv2pw5fElUueP5CP_n4LsinRc&hl=en&sa=X&ei=Ic-QU9HEIs_ooAT6soHACg&ved=0CCIQ6AEwAA#v=onepage&q=Joseph%20ledwon%20and%20Annie%20Ledwon&f=false |
Information Source 3: |
"People v. Reed, 40 N.Y.2d 204, 210, 352 N.E.2d, 558, 562, 386 N.Y.S.2d 371, 375 (1976)" |
Information Location 3: |
"http://scholar.google.com/scholar_case?case=11505198398300722703&q=40+N.Y.2d+204,+210,+352+N.E.2d,+558&hl=en&as_sdt=6,48" |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org