Wrongly Convicted Database Record

 

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Simon Marshall

 

Charge:

Sexual Assault (includes aggravated)

Sentence:

Years Imprisoned:

7.33

Year Crime:

Year Convicted:

1997

Year Cleared:

2004

U.S. State or Country of Crime:

Canada

County or Region of Crime:

Quebec

City of Crime:

Result:

Judicially Exonerated Released

Summary of Case:

"Simon Marshall was wrongly convicted in 1997 of 12 counts of sexual assaulting a mentally intellectually handicaped in Quebec, Canada. Marshall pled guilty. He was released in 2003 and arrested on additional sexual assault charges. At the trial for those charges DNA evidence excluded him as the assailant, and then DNA testing was performed on the evidence from his 1997 convictions, and it revealed that he was also excluded from being the assailant for those charges. Marshall was wrongly imprisoned for a total of 7 years and 4 months. In 2005 the Quebec Justice Ministry completed a 42-page report that acknowledged that Marshall had been the victim of a miscarriage of justice, and recommended that he be awarded compensation. Simon Marshall was awarded $2.3 million (Canadian) -- U.S. $1.989 million (U.S. equivalent) -- in December 2006. It was the largest award for a wrongful conviction by Quebec's government. "

Conviction Caused By:

Innocence Proved By:

Exonerated by DNA testing performed in 2004 after his release from prison.

Defendant Aided By:

Compensation Awarded:

"CAN$2.3 million (Province of Quebec, Dec. 2006)"

Was Perpetrator Identified?

Age When Imprisoned:

23

Age When Released:

30

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Quebec Rejects Inquiry Into Wrongful Conviction, Canadian Press, August 29, 2005"

Information Location 1:

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1125356026699_57/?hub=Canada

Information Source 2:

"Wrongfully convicted man awarded $2.3 million, Montreal Gazette, December 22, 2006."

Information Location 2:

Information Source 3:

"Mentally handicapped Quebec man receives millions for injustice, By Rheal Seguin, Globe and Mail (Toronto), December 21, 2006"

Information Location 3:

http://www.theglobeandmail.com/servlet/story/RTGAM.20061221.wmarshall21/BNStory/National/home

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

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

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