Wrongly Convicted Database Record
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Charge: |
Murder |
Sentence: |
25 years to life imprisonment |
Years Imprisoned: |
7 |
Year Crime: |
1980 |
Year Convicted: |
1985 |
Year Cleared: |
1992 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Los Angeles |
City of Crime: |
Long Beach |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Melvin Mikes was wrongly convicted in 1985 of beating a fix-it shop owner to death in Long Beach, California during a robbery on March 10, 1980. The prosecution's sole evidence presented to the jury to tie Mikes to the crime was the testimony of a fingerprint expert that Mikes' fingerprint was found on the three foot post that was identified as the murder weapon. The prosecution introduced no evidence placing Mikes at the scene of the crime either on the day of the murder or on any other occasion. Nor did the prosecution find any items stolen from the victim in Mikes' possession. Mikes was sentenced to 25 years to life in prison. After his direct appeals were denied by the State of California, Mikes filed a federal habeas corpus petition that argued that by itself the fingerprint evidence was insufficient to support his conviction. On October 7, 1991 a 3-judge panel of the 9th Circuit Court of Appeals granted Mikes federal habeas corpus petition on the basis the prosecution introduced insufficient evidence to support the jury's guilty verdict. The 9th Circuit denied the State of California request for en banc review of the ruling, and in June 1992 the U.S. Supreme Court declined to review the ruling. At that point Mikes was officially exonerated, however, his release was delayed for four months while the State processed the paperwork in his case, until Oct. 21, 1992 when he was released -- 7 years and 6 days after his arrest. Mikes trial lawyer failed to present an alibi witness who would have testified that he was elsewhere at the time of the murder, however, that was not an issue in the 9th Circuit's ruling that was solely based on analyzing why the prosecution's fingerprint evidence introduced at trial was insufficent to prove his guilt beyond a reasonable doubt." |
Conviction Caused By: |
"The prosecution erroneously relied on a fingerprint of Mikes that was found on the pipe that was used as the murder weapon, but which he could have handled prior to the murder." |
Innocence Proved By: |
"On October 7, 1991 a 3-judge panel of the 9th Circuit Court of Appeals granted Mikes federal habeas corpus petition on the basis the prosecution introduced insufficient evidence to support the jury's guilty verdict. The 9th Circuit denied the State of California request for en banc review of the ruling, and in June 1992 the U.S. Supreme Court declined to review the ruling. At that point Mikes was officially exonerated, however, his release was delayed for four months while the State processed the paperwork in his case, until Oct. 21, 1992 when he was released -- 7 years and 6 days after his arrest." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
25 |
Age When Released: |
32 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Mikes v. Borg, 947 F. 2d 353 (9th Cir 1991) (Granting writ of habeas corpus)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=10887266684265892275&q=Melvin+Mikes&hl=en&as_sdt=6,48" |
Information Source 2: |
"Road to Vindication Is Paved With Pain Law: Man's murder conviction is overturned after seven years in prison, By Jim Newton (Staff writer), Los Angeles Times, November 29, 1992, p. 1" |
Information Location 2: |
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Information Source 3: |
"Not Guilty After All, San Francisco Magazine, November 2004" |
Information Location 3: |
http://sanfran.com/archives/view_story/200/ |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org