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Wrongly Convicted Database Record
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Charge: |
Threaten to Assault or Cause Bodily Harm |
Sentence: |
2 years imprisonment and 3 years supervised release |
Years Imprisoned: |
1.67 |
Year Crime: |
2010 |
Year Convicted: |
2011 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Florida - Federal Case |
County or Region of Crime: |
Broward |
City of Crime: |
New Port Richey |
Result: |
Judicially Exonerated |
Summary of Case: |
"Ellisa Martinez was wrongly convicted in 2012 of one count of the federal crime of knowingly transmitting a threatening communication under 18 U.S.C. Sec. 875, in Broward County, Florida.on November 10, 2010. Martinez called a talk show being broadcast by WFTL, AM 850, and hinted at blowing up a government building, "Maybe even a school." She was arrested in early December 2010 on a federal warrant and held without bail. Martinez pled guilty in May 2011, and in July 2011 she was sentenced to two years in federal prison to be followed by three years of supervised release. Martinez completed her prison sentence and was released on August 20, 2012. On November 27, 2013 the U. S. 11th Circuit Court of Appeals affirmed her conviction. On June 1, 2015 the U.S. Supreme Court released its ruling in the case of Elonis v. United States, 575 U.S. ___, 135 S. Ct. 2001 (2015), in which it reversed a conviction under Sec. 875 for a faulty jury instruction that failed to convey "the basic principle that wrongdoing must be conscious to be criminal," and that Negligence is not enough to support a conviction under Sec. 875. Martinez filed a habeas petition to vacate her conviction based on the Elonis case. The U.S. Attorney's Office agreed that based on Elonis that Martinez' indictment should be dismissed. On September 3, 2015 the U.S. 11th Circuit Court of Appeals relied on the Elonis case to vacate Martinez' conviction and order dismissal of her indictment based on her indictment's failure to allege an essential element of the federal crime of knowingly transmitting a threatening communication under 18 U.S.C. Sec. 875(c)." |
Conviction Caused By: |
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Innocence Proved By: |
"On September 3, 2015 the U.S. 11th Circuit Court of Appeals relied on the Elonis case to vacate Martinez' conviction and order dismissal of her indictment based on her indictment's failure to allege an essential element of the federal crime of knowingly transmitting a threatening communication under 18 U.S.C. Sec. 875(c)." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
50 |
Age When Released: |
52 |
Sex: |
Female |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"USA v. Ellisa Martinez, No. 11-13295 (11th Cir. 9-3-2015) (Based on new U.S. Supreme Court ruling, conviction was vacated and dismissal of indictment was ordered due to indictment's failure to allege an essential element of the federal crime of knowingly transmitting a threatening communication under 18 U.S.C. Sec. 875(c).)" |
Information Location 1: |
http://media.ca11.uscourts.gov/opinions/pub/files/201113295.rem.pdf |
Information Source 2: |
"New Port Richey Woman Sentenced for Making Threats to Broward Schools, Press Release by the U.S. Attorney’s Office (Southern District of Florida), July 14, 2011" |
Information Location 2: |
https://www.fbi.gov/miami/press-releases/2011/new-port-richey-woman-sentenced-for-making-threats-to-broward-schools |
Information Source 3: |
"USA v. Ellisa Martinez, No. 11-13295 (11th Cir. 11-27-2013) (Affirming conviction)" |
Information Location 3: |
http://caselaw.findlaw.com/us-11th-circuit/1651051.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org