Wrongly Convicted Database Record
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Charge: |
Rape and Robbery (including burglary) |
Sentence: |
119 years |
Years Imprisoned: |
23 |
Year Crime: |
1979 |
Year Convicted: |
1980 |
Year Cleared: |
2002 |
U.S. State or Country of Crime: |
Tennessee |
County or Region of Crime: |
Shelby |
City of Crime: |
Memphis |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Clark Jerome McMillan was wrongly convicted in 1980 of abducting a boy and his 16-year-old girlfriend in 1979, and raping her. No blood type testing was conducted of large amounts of the attackers semen left on the victim's clothes. Clark McMillan walks with a pronounced limp due to being shot in 1977 and he wore a leg brace. The two abductee's didn't mention their attacker walked with a limp until they saw McMillan limping in the courtroom. McMillan's sister and girlfriend testified at his trial that he was at his sister's house at the time of the abduction and attack. It took the Innocence Project five years to exonerate McMillan. McMillan was released in 2002 and the charges were dismissed after DNA testing in 2002 that was unavailable at the time of his trial excluded him as the assailant. Awarded $832,950 in compensation by the State of Tennessee in 2004. McMillan received an initial $250,000 lump sum payment, with the balance to be paid through an annuity for life of $3,400 monthly." |
Conviction Caused By: |
"Erroneous eyewitness testimony of the 16-year-old rape victim and her boyfriend, that may have been perjured by them adding details to ensure McMillan's conviction after seeing him in the courtroom." |
Innocence Proved By: |
McMillan was released in 2002 and the charges were dismissed after DNA testing in 2002 that was unavailable at the time of his trial excluded him as the assailant. |
Defendant Aided By: |
"Innocence Project and Memphis, TN defense lawyer Kemper Durand." |
Compensation Awarded: |
"$832,950 (State of Tennessee, 2004)" |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
22 |
Age When Released: |
45 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Exonerated inmate Clark McMillan unsatisfied with pay, By Linda Moore (staff), Memphis Commercial Appeal, August 24, 2009" |
Information Location 1: |
http://www.commercialappeal.com/news/2009/aug/24/exonerated-inmate-unsatisfied-with-pay/ |
Information Source 2: |
"Tennessee's first exonerated man says $832,000 not enough, By Andy Humbles (Staff), The Tennessean, September 23, 2016" |
Information Location 2: |
http://www.tennessean.com/story/news/local/wilson/2016/09/23/tennessees-first-exonerated-man-says-832000-not-enough/90366206/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org