Wrongly Convicted Database Record
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Charge: |
Child/Minor Sex Abuse (incl. molestation) |
Sentence: |
10 years |
Years Imprisoned: |
2.75 |
Year Crime: |
2008 |
Year Convicted: |
2009 |
Year Cleared: |
2011 |
U.S. State or Country of Crime: |
Kenya |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Jon Cardon Wagner, Judy Nyamweru, and Fedha Nyaguthie were co-defendants. Wagner was convicted in September 2009 of defilement of minors and the two women were convicted of taking the minors to Wagner's residence in Lavington, Kenya. The three were charged in June 2008 based on their identification by three young people. Although 25 witnesses testified at their trial, none of those witnesses identified them as committing any of their alleged crimes. However, they were all convicted, with Wagner being sentenced to 15 years in prison. In March 2011 the High Court in Nairobi quashed the convictions of all three co-defendants on the basis of insufficient evidence and that the complainants ages hadn't been established so it was unknown if there was a basis to allege a possible crime. A retrial of the three co-defendants is barred by double jeopardy." |
Conviction Caused By: |
Mistaken identification. |
Innocence Proved By: |
In March 2011 the High Court in Nairobi quashed the convictions of all three co-defendants on the basis of insufficient evidence -- which bars their retrial on double jeopardy grounds. |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Court Frees Former Java Boss Wagner, By Paul Ogemba, The Nation (Naroibi, Kenya) March 22, 2011" |
Information Location 1: |
http://allafrica.com/stories/201103230157.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org