James R. McDonald

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Charge:	Harassment criminal (incl. Aggravated)
Sentence:	1 year probation
Years Imprisoned:
Year Crime:	2009
Year Convicted:	2010
Year Cleared:	2012
U.S. State or Country of Crime:	Massachusetts
County or Region of Crime:	Plymouth
City of Crime:	Middleborough
Result:	Judicially Exonerated
Summary of Case:	"James R. McDonald was wrongly convicted in 2010 of criminal harassment for taking pictures in May 2009 of dogs in yard while in his truck in a neighborhood near where he picked his child up from the school bus stop in Middleborough, Massachusetts. The picture taking bothered a woman who lived in the house where the dogs where, and she complained to the police. He was convicted of criminal harassment and sentenced to one year probation and ordered not to take any pictures of dogs. On May 18, 2012 the Massachusetts Supreme Judicial Court vacated McDonald's conviction on the basis the prosecution didn't introduce evidence proving every essential element of criminal harassment. Namely, "harbored any wrongful or unlawful motive" by taking the pictures. The ruling barred McDonald's retrial on double jeopardy grounds."
Conviction Caused By:	The prosecution didn't present evidence of every essential element.
Innocence Proved By:	"On May 18, 2012 the Massachusetts Supreme Judicial Court vacated McDonald's conviction on the basis the prosecution didn't introduce evidence proving every essential element of criminal harassment"
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
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Information Source 1:	"Commonwealth vs. James R. McDonald. SJC-10968. May 18, 2012 (Massachusetts)"
Information Location 1:	http://weblinks.westlaw.com/result/default.aspx?action=Search&cnt=DOC&db=MA-ORSLIP&eq=search&fmqv=c&fn=_top&method=TNC&mt=Westlaw&n=6&origin=Search&query=TO%28ALLSCT+ALLSCTRS+ALLSCTOJ%29&rlt=CLID_QRYRLT8452795117225&rltdb=CLID_DB2132495117225&rlti=1&rp=%2Fsearch%2Fdefault.wl&rs=MAOR1.0&service=Search&sp=MassOF-1001&srch=TRUE&ss=CNT&sskey=CLID_SSSA4332495117225&sv=Split&vr=1.0
Information Source 2:	"SJC throws out harassment conviction of Middleboro man, By Justin Graeber (staff), Enterprise (Brockton, MA), May 19, 2012"
Information Location 2:	http://www.enterprisenews.com/topstories/x1347545884/SJC-throws-out-harassment-conviction-of-Middleboro-man
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James R. McDonald

Charge:

Harassment criminal (incl. Aggravated)

Sentence:

1 year probation

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2010

Year Cleared:

2012

U.S. State or Country of Crime:

Massachusetts

County or Region of Crime:

Plymouth

City of Crime:

Middleborough

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

The prosecution didn't present evidence of every essential element.

Innocence Proved By:

"On May 18, 2012 the Massachusetts Supreme Judicial Court vacated McDonald's conviction on the basis the prosecution didn't introduce evidence proving every essential element of criminal harassment"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Commonwealth vs. James R. McDonald. SJC-10968. May 18, 2012 (Massachusetts)"

Information Location 1:

Information Source 2:

"SJC throws out harassment conviction of Middleboro man, By Justin Graeber (staff), Enterprise (Brockton, MA), May 19, 2012"

Information Location 2:

http://www.enterprisenews.com/topstories/x1347545884/SJC-throws-out-harassment-conviction-of-Middleboro-man

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Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: