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Wrongly Convicted Database Record
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Charge: |
"Theft (including swindling/fraud, deception and grand larceny)" |
Sentence: |
16 years |
Years Imprisoned: |
6 |
Year Crime: |
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Year Convicted: |
1983 |
Year Cleared: |
2004 |
U.S. State or Country of Crime: |
Australia |
County or Region of Crime: |
Western Australia |
City of Crime: |
Perth |
Result: |
Judicially Exonerated |
Summary of Case: |
"One of the three Mickelberg brothers, Raymond Mickelberg, Peter Mickelberg and Brian Mickelberg, convicted in 1983 of defrauding the Perth Mint of gold bullion valued at $653,000 in exchange for worthless checks. Brother Brian's conviction was overturned in 1984 after he served 9 months in prison. Raymond was released from prison in 1991 after serving 8 years of a 20 year sentence, and Peter was released in 1989 after serving 6 years of a 14 year sentence.. In 2002 one of the investigating officers, Tony Lewandowski, admitted the three brothers were innocent victims of a "frame-up" by him and former CIB Chief Don Hancock. The two men fabricated evidence and committed perjury at the men's trial to make the innocent men appear guilty. He also said that during an interview they forced Peter Mickelberg to strip and Don Hancock then assaulted him. Brothers Raymond and Peter had 7 appeals denied prior to the admission by Lewandowski, and they filed appeal no 8 based on the new evidence. On July 2, 2004, the Supreme Court of Western Australia quashed Raymond and Peter Mickelberg's conviction. On January 16, 2008, Western Australia's Attorney General announced that Peter and Raymond Mickelberg would be awarded ex gratia payments of $500,000 (AUS) each. The payments were equal to $441,000 (US) at the currency exchange rate on January 16, 2008." |
Conviction Caused By: |
Fabricated evidence and perjured testimony by police investigator and a bank official. |
Innocence Proved By: |
"On July 2, 2004, the Supreme Court of Western Australia quashed Raymond Mickelberg and Peter Mickelberg's conviction. Police investigator Lewandowski admitted he and a bank official fabricated evidence and committed perjury to "frame-up" the three brothers for a crime they didn't commit." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
24 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
Mickelberg -v- The Queen [2004] WASCA 145 |
Information Location 1: |
http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/0/9af902e2deefc34e48256f6500311773?OpenDocument |
Information Source 2: |
"Brothers Plan Appeal No. 8 After Police Confession, Selina Day and Liza Kappelle (staff), The Age, Melbourne, Australia, June 12, 2002." |
Information Location 2: |
http://www.theage.com.au/articles/2002/06/11/1022982845280.html |
Information Source 3: |
"Brothers to get $1m over Perth Mint case, by Liza Kappelle, Herald Sun, January 16, 2008" |
Information Location 3: |
"http://www.news.com.au/heraldsun/story/0,21985,23060950-5005961,00.html" |
Information Source 4: |
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Information Location 4: |
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Information Source 5: |
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Information Location 5: |
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Book About Case: |
"The Mickelberg Stitch, Avon Lovell" |
Book Information: |
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Book About Case (2): |
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Book Information (2): |
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Movie About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org