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Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
12 to 20 years |
Years Imprisoned: |
19.5 |
Year Crime: |
1983 |
Year Convicted: |
1984 |
Year Cleared: |
2003 |
U.S. State or Country of Crime: |
Massachusetts |
County or Region of Crime: |
Middlesex |
City of Crime: |
Lowell |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Dennis Maher was wrongly convicted in the spring of 1984 after separate trials of one rape and an attempted rape in Lowell, Massachusetts, and one rape committed in nearby Ayer, Massachusetts, that were all committed in the fall of 1983. Maher wrote to the Innocence Project in 1993. The Innocence Project attempted to track down the biological evidence from the crimes that held the key to proving his innocence. They consistently came up against brick walls, being told the evidence could not be located. A law student finally discovered DNA testable evidence from the Lowell rape in the basement of the Cambridge Courthouse. DNA tests in January 2001 of the assailant's semen on the victim's underpants excluded Maher. Prosecutors then revealed that a slide from the Ayer victim's rape kit had been located. That also excluded Maher. Maher filed a motion for a new trial based on the new exculpatory evidence, and on April 3, 2003 his convictions were overturned and he was released after 19-1/2 years of wrongful incarceration from his December 1983 arrest. In August 2005 Maher was awarded $550,000 in compensation by the state of Massachusetts under the state wrongful conviction compensation statute. In March 2006 Maher filed a federal civil rights lawsuit against the city of Lowell and the town of Ayer. In December 2008 Maher settled his claims against the city of Lowell for $165,000. On July 14, 2009 Maher settled his claims against the city of Ayer for $3.1 million. Maher was paid a total of $3.815 million (less attorneys fees and costs)." |
Conviction Caused By: |
Erroneous eyewitness error by the three victims. |
Innocence Proved By: |
DNA. A law student found the necessary DNA evidence after years of searching in the basement of the courthouse. |
Defendant Aided By: |
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Compensation Awarded: |
"$715,000 total. $550,000 (State of Massachusetts, Aug. 2005), $165,000 (City of Lowell, Dec. 2008)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
22 |
Age When Released: |
42 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"After 19 years, dna set to free rape convict, Dick Lehr (staff), Boston Globe, April 2, 2003" |
Information Location 1: |
http://www.boston.com/dailyglobe2/092/metro/After_19_years_DNA_set_to_free_rape_convictP.shtml |
Information Source 2: |
"Man imprisoned on rape charges freed, John Ellement and Dick Lehr (staff), Boston Globe, April 4, 2003" |
Information Location 2: |
http://www.boston.com/dailyglobe2/094/metro/Man_imprisoned_on_rape_charges_freedP.shtml |
Information Source 3: |
"Ex-soldier settles over wrongful conviction, Boston Herald, December 12, 2008" |
Information Location 3: |
http://news.bostonherald.com/news/regional/view/2008_12_12_Ex-soldier_settles_over_wrongful_conviction/srvc=home&position=recent |
Information Source 4: |
"Ayer to pay 3.1 million for wrongful conviction, By Jonathan Saltzman (staff writer), The Boston Globe, August 7, 2009" |
Information Location 4: |
http://www.boston.com/news/local/massachusetts/articles/2009/08/07/ayer_settles_mans_wrongful_conviction_lawsuit_for_31m/ |
Information Source 5: |
"Maher, Dennis v. Commonwealth (3 cases), SUCV2005-00480, SUCV2005-00481, SUCV2005-00482 ($550,000 wrongful conviction compensation awarded from State of Massachusetts under G.L.C. 258D.)" |
Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org