|
Wrongly Convicted Database Record
|
Charge: |
"Fraud (passing bad checks, documents, casino, bankrupcy, etc.)" |
Sentence: |
"$412,096 restitution" |
Years Imprisoned: |
|
Year Crime: |
2003 |
Year Convicted: |
2004 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
San Diego |
City of Crime: |
San Diego |
Result: |
Judicially Exonerated |
Summary of Case: |
"Tamara McAnally was wrongly convicted in 2004 of fraud, along with her husband Jon McAnally. After she was convicted her prosecutor, San Diego County assistant district attorney Ernie L. Marugg pursued a sexual relationship with her. In 2011 she filed a petition to vacate her conviction based on new evidence that her prosecutor pursued relationships with at least half-a-dozen women whose convictions he obtained. She claimed that Marugg's impartiality was compromised by his romantic interest in her and he may have pursued her prosecution so he could attempt to engage her in a relationship. She also claimed that some evidence presented to the grand jury that indicted her was flawed, and that she had been poorly represented by her lawyer. Superior Court Judge David Danielsen agreed in vacating her conviction and declaring she was factually innocent in 2011. Judge Danielsen ruled there were “substantial irregularities” in the case and said Ernest Marugg “obtained her conviction as the result of his failure to discharge ethical obligations.” Marugg's conduct was reported by the media when she filed a claim for compensation that names San Diego County, District Attorney’s Office, Marugg and his supervisors. It is the first step in filing a lawsuit. On May 11, 2011 McAnally and her husband filed a federal civil rights lawsuit in the U.S. District Court in San Diego that named Marugg, San Diego County, and other government actors involved in their prosecution as defendants. In 2015 the lawsuit was settled for a total of $1,400,000: $600,000 to McAnally, and $800,000 to pay liens levied by three state of California agencies against Jon McAnally's contracting business." |
Conviction Caused By: |
Prosecutor misconduct |
Innocence Proved By: |
San Diego County Superior Court Judge David Danielsen vacated her conviction and declaring she was factually innocent in 2011. |
Defendant Aided By: |
|
Compensation Awarded: |
"$1,400,000 (San Diego County, 2015 -- $600,000 to McAnally and $800,000 payment to Calif. Franchise Tax Bd to settle lien against husband's contracting business.)" |
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Prosecutor accused of affairs with defendants, By Greg Moran (staff), San Diego Union-Tribune, November 13, 2011" |
Information Location 1: |
http://www.signonsandiego.com/news/2011/nov/13/prosecutor-accused-of-pursuing-romances-with/ |
Information Source 2: |
"McAnally et al v. Cate, et al, No. 3:2011cv02741 (USDC SDCalif) (May 11, 2011, Complaint for damages under 41 USC 1983)" |
Information Location 2: |
http://www.gtinewsphoto.com/docs/McAnally.Complaint.Final.pdf |
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org