Mark Timothy Lindsay

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Charge:	Receiving Stolen Property (Incl. theft by receiving stolen property)
Sentence:	10 years
Years Imprisoned:
Year Crime:	2010
Year Convicted:	2015
Year Cleared:	2016
U.S. State or Country of Crime:	Georgia
County or Region of Crime:	Catoosa
City of Crime:	Fort Oglethorpe
Result:	Judicially Exonerated
Summary of Case:	"Mark Timothy Lindsay was wrongly convicted in January 2015 of seven counts of theft by receiving stolen property.theft in Fort Oglethorpe, Georgia. Lindsay was sentenced to 10 years in prison. Lindsay was a Fort Oglethorpe's building inspector who began an affair with Deborah Ann Holt in 2005. Holt was working as a bookkeeper at the Gateway Mall in Fort Oglethorpe, and in 2008 she began forging checks from her employer. From 2008 to 2010 Holt embezzeled about $138,000, and she used between $50,000 and $75,000 of the money to buy Lindsay gifts that included: a Yamaha Rhino, accessories for that Rhino, a 16-foot trailer, a 40-inch flat-screen TV, an electric smoker, and a .44 Magnum revolver. In 2010 Holt was arrested and charged with forgery, embezzlement and theft. Lindsay resigned from his job in November 2010 a day before he was arrested and charged with receiving stolen property. In March 2012 Holt pled guilty to multiple counts of forgery and theft. She testified as a prosecution witness during Lindsay's trial. Lindsay's defense was he didn't receive any stolen property as required by the statute. After his conviction following a bench trial, Lindsay was sentenced to 10 years in prison. Lindsay was allowed to remain free on bond pending the outcome of his appeal. On March 22, 2016 the Georgia Court of Appeals overturned Mark Lindsay's convictions, ruling the prosecution introduced insuffiicent evidence to prove his guilt beyond a reasonable doubt. The Court ruled the prosecution failed to prove the essential element that Lindsay actually received stolen goods: because the gifts Lindsay received from his mistress weren't stolen, since Lindsay merely accepted goods his mistress bought with stolen money. The Court's ruling stated: "a common sense reading of the plain language of the statute [for theft by receiving stolen property] requires the State to prove that the tangible goods received by the defendant were the same goods that were taken by the owner." (Lindsay v. State, No. A15A2104 (GA Ct. of Appeal, 3-22-2016)"
Conviction Caused By:
Innocence Proved By:	"On March 22, 2016 the Georgia Court of Appeals overturned Mark Lindsay's convictions, ruling the prosecution introduced insuffiicent evidence to prove his guilt beyond a reasonable doubt. The Court ruled the prosecution failed to prove the essential element that Lindsay actually received stolen goods: because the gifts Lindsay received from his mistress weren't technically stolen, since Lindsay merely accepted goods his mistress bought with stolen money."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Mark Timothy Lindsay v. The State of Georgia, No. A15A2104 (GA Ct. of Appeal, 3-22-2016) (Reversing conviction on basis the prosecution introduced insufficient evidence to prove he committed theft by receiving stolen property.)"
Information Location 1:	https://efast.gaappeals.us/download?filingId=ce3b1d0f-cf44-46fe-aa8a-5213cdd1c159
Information Source 2:	"It's not theft to accept goods from mistress that were bought with stolen money, court rules, By Tyler Jett, Times Free Press (Chattanooga, TN), March 24, 2016"
Information Location 2:	http://www.timesfreepress.com/news/local/story/2016/mar/24/former-fort-oglethorpe-employees-theft-convic/356853/
Information Source 3:	"GBI arrests Catoosa official on theft charges, By Andy Johns, Times Free Press (Chattanooga, TN), November 20, 2010"
Information Location 3:	http://www.timesfreepress.com/news/news/story/2010/nov/20/gbi-arrests-catoosa-official-on-theft-charges/35104/
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Mark Timothy Lindsay

Charge:

Receiving Stolen Property (Incl. theft by receiving stolen property)

Sentence:

10 years

Years Imprisoned:

Year Crime:

2010

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Georgia

County or Region of Crime:

Catoosa

City of Crime:

Fort Oglethorpe

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Mark Timothy Lindsay v. The State of Georgia, No. A15A2104 (GA Ct. of Appeal, 3-22-2016) (Reversing conviction on basis the prosecution introduced insufficient evidence to prove he committed theft by receiving stolen property.)"

Information Location 1:

https://efast.gaappeals.us/download?filingId=ce3b1d0f-cf44-46fe-aa8a-5213cdd1c159

Information Source 2:

"It's not theft to accept goods from mistress that were bought with stolen money, court rules, By Tyler Jett, Times Free Press (Chattanooga, TN), March 24, 2016"

Information Location 2:

http://www.timesfreepress.com/news/local/story/2016/mar/24/former-fort-oglethorpe-employees-theft-convic/356853/

Information Source 3:

"GBI arrests Catoosa official on theft charges, By Andy Johns, Times Free Press (Chattanooga, TN), November 20, 2010"

Information Location 3:

http://www.timesfreepress.com/news/news/story/2010/nov/20/gbi-arrests-catoosa-official-on-theft-charges/35104/

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Book Information:

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