Wrongly Convicted Database Record

 

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Joseph Ledwon

 

Charge:

Second Degree Murder

Sentence:

Life Imprisonment

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:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

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"

Information Source 4:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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