|
Wrongly Convicted Database Record
|
Charge: |
Voter Fraud (Incl. illegal registration) |
Sentence: |
"3 years probation, 1,500 hrs community service, $6,000 fine, $9,192 restitution, & $5,000 civil penalty" |
Years Imprisoned: |
|
Year Crime: |
1992 |
Year Convicted: |
1999 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Kings |
City of Crime: |
New York City |
Result: |
Judicially Exonerated |
Summary of Case: |
"John Kennedy O'Hara was wrongly convicted twice of seven voting fraud related felonies in Kings County, New York. John O'Hara was an attorney in Brooklyn and an active political opponent of Kings County District Attorney Charles Hynes, aka Joe Hynes who was elected in 1990. In the early and mid-1990s O’Hara ran five times against Hynes allies — twice for City Council and three times for Assembly, and he backed candidates who directly took on Hynes. In 1996 O'Hara was indicted for offering a false instrument for filing in the first degree, false registration, and five counts of illegal voting. O'Hara's prosecution was based on the fact that on November 2, 1992 he registered to vote using the address of the second of two apartments he maintained in Brooklyn. O'Hara used that address to vote five times from November 1992 to November 1993. Hynes contended O'Hara's second apartment -- where his girl friend lived -- did not meet the definition of a bona fide "principal and permanent" residence for voter registration and voting purposes. After a jury trial O'Hara was convicted on July May 13, 1997. He was sentenced to five years of probation, payment of a $20,000 fine, and performing 1,500 hours of community service. On November 10, 1997 the Appellate Division of the Supreme Court of New York ordered the 36-year-old O'Hara's immediate disbarment and his name was struck from the roll of attorneys and counselors-at-law. O'Hara was believed to be only person ever convicted in New York of illegal voting registration (In 1873 Susan B. Anthony was convicted of violating the federal voting Enforcement Act (1870) for illegally voting for a member of Congress on November 5, 1872. O'Hara appealed. On August 31, 1998 O'Hara's convictions were reversed and a new trial was ordered by the Appellate Division of the New York Supreme Court, Second Department. The Court's ruling noted that the "The trial court, over defense counsel's objections, granted the People's request for a missing witness charge with respect to Ms. Magaly Lucas, a one-time owner of the building located at 553 47th Street and former girlfriend of the defendant." The prosecution contended that O'Hara didn't subpoena Lucas although he knew where she was and she had material evidence. The appeals ruled the judge prejudically erred granting the "missing witness" charge because he didn't know where she was, and "There was no evidence, therefore, that Lucas had any knowledge concerning whether the defendant falsely used the 47th Street address to vote during the period of November 1992 to November 1993." O'Hara's retrial in May 1999 ended in a mistrial after the jury couldn't reach a verdict. O'Hara's third trial in July 1999, resulted in his conviction of all seven felonies. Kings County Justice Abraham Gerges sentenced O'Hara to three years probation, 1,500 hours community service, a fine of $6,000, restitution of $9,192, and payment of a $5,000 civil penalty to the New York City Campaign Finance Board (In 2002 the $5,000 civil penalty was vacated by Justice Gerges in People u. O'Hara,297 A.D.2d 768.) In 2000 the Supreme Court Appellate Division affirmed O'Hara's convictions and sentence. O'Hara was granted leave to appeal that ruling. On June 14, 2001 the New York Court of Appeals affirmed O'Hara's convictions in a majority 5 to 2 ruling. Dissenter argued that the address O'Hara used qualified as his residence under New York's civil Election Law, and that O'Hara was the only person known to have been convicted of a criminal violation. O'Hara then filed a post-conviction motion based on ineffective assistance of counsel, which was denied in 2002. O'Hara's federal habeas petition was also denied. O'Hara then filed a selective prosecution motion that the trial court denied in 2005. O'Hara subsequently filed a motion for reinstatement as an attorney. On June 1, 2009 following a hearing, an investigating subcommittee of the Committee on Character and Fitness for the New York Supreme Court Appellate Division, Second Department, issued its Report expressing the opinion that O'Hara's prosecution was politically motivated: "Mr. O'Hara, accurately it appears, claims that the machine was gunning for him and pounced on his change of residency calling it election fraud." The Report concluded: "Although the committee has grave doubts that Mr. O'Hara did anything that justifíed his criminal prosecution, even if Mr. O'Hara was guilty of the offense for which he was convicted, we believe that Mr. O'Hara now has the requisite character and fitness to be reinstated as a member of the bar." (In the Matter of John Kennedy O'Hara, No. 1997-06257, slip op. (2d Dept.,Committee on Character and Fitness, June 1, 2009, 2 and 6) Based on the report, O'Hara was reinstated to the New York bar on October 6, 2009. After his reinstatement O'Hara told the Brooklyn Paper, "Starting over at 48 feels great. Great, great, it feels great.” In January 2014 Kenneth Thompson became the new Kings County DA after defeating Hynes in the November 2013 general election. On January 6, 2015 O'Hara's attorney Joel B. Rudin filed a Notice of Motion to vacate O'Hara's judgement of conviction. The motion detailed that O'Hara's convicted conduct wasn't considered a violation under New York's civl law, and that since the denial of his 2005 selective prosecution motion new evidence had been discovered that numerous "prominent figures," particularly in Brooklyn, had committed similar acts but they hadn't been prosecuted by DA Hynes. The motion included evidence that Hynes himself violated the law because around the time of O'Hara's indictment, Hynes' "permanent" home address for his voting registration was a municipal office building. Rudin emphasized the importance of that new evidence because in 2005 Justice Gerges expressed approval of O'Hara's prosecution because of his "prominence in the community, his notoriety or his public status." The motion also cited a June 2014 New York City Department of Investigation rreport, "Findings Regarding Misconduct by Former Kings County District Attorney Charles J. Hynes, Justice Barry Kamins and Others." The Kings County Conviction Integrity Unit, reinvigorated under Thompson, began investigating O'Hara's case. The investigation discovered that a prosecution witness provided false testimony during O'Hara's trial. The witness testified the apartment O'Hara listed as the address for his voter registration was uninhabitable, but she told Thompson's investigators that it was not only fit to live in, but it had been recently renovated before he starting residing there with his then girlfriend. Thompson was 50 when he died from cancer in October 2016. Based on the new evidence acting District Attorney Eric Gonzalez dropped opposition to O'Hara's motion. On January 12, 2016 O'Hara's conviction was set-aside. O'Hara told the Brooklyn Paper while celebrating with a chicken quesadilla and a beer: "John Kennedy O'Hara was wrongly convicted twice of seven voting fraud related felonies in Kings County, New York. John O'Hara was an attorney in Brooklyn and an active political opponent of Kings County District Attorney Charles Hynes, aka Joe Hynes who was elected in 1990. In the early and mid-1990s O’Hara ran five times against Hynes allies — twice for City Council and three times for Assembly, and he backed candidates who directly took on Hynes. In 1996 O'Hara was indicted for offering a false instrument for filing in the first degree, false registration, and five counts of illegal voting. O'Hara's prosecution was based on the fact that on November 2, 1992 he registered to vote using the address of the second of two apartments he maintained in Brooklyn. O'Hara used that address to vote five times from November 1992 to November 1993. Hynes contended O'Hara's second apartment -- where his girl friend lived -- did not meet the definition of a bona fide "principal and permanent" residence for voter registration and voting purposes. After a jury trial O'Hara was convicted on July May 13, 1997. He was sentenced to five years of probation, payment of a $20,000 fine, and performing 1,500 hours of community service. On November 10, 1997 the Appellate Division of the Supreme Court of New York ordered the 36-year-old O'Hara's immediate disbarment and his name was struck from the roll of attorneys and counselors-at-law. O'Hara was believed to be only person ever convicted in New York of illegal voting registration (In 1873 Susan B. Anthony was convicted of violating the federal voting Enforcement Act (1870) for illegally voting for a member of Congress on November 5, 1872. O'Hara appealed. On August 31, 1998 O'Hara's convictions were reversed and a new trial was ordered by the Appellate Division of the New York Supreme Court, Second Department. The Court's ruling noted that the "The trial court, over defense counsel's objections, granted the People's request for a missing witness charge with respect to Ms. Magaly Lucas, a one-time owner of the building located at 553 47th Street and former girlfriend of the defendant." The prosecution contended that O'Hara didn't subpoena Lucas although he knew where she was and she had material evidence. The appeals ruled the judge prejudically erred granting the "missing witness" charge because he didn't know where she was, and "There was no evidence, therefore, that Lucas had any knowledge concerning whether the defendant falsely used the 47th Street address to vote during the period of November 1992 to November 1993." O'Hara's retrial in May 1999 ended in a mistrial after the jury couldn't reach a verdict. O'Hara's third trial in July 1999, resulted in his conviction of all seven felonies. Kings County Justice Abraham Gerges sentenced O'Hara to three years probation, 1,500 hours community service, a fine of $6,000, restitution of $9,192, and payment of a $5,000 civil penalty to the New York City Campaign Finance Board (In 2002 the $5,000 civil penalty was vacated by Justice Gerges in People u. O'Hara,297 A.D.2d 768.) In 2000 the Supreme Court Appellate Division affirmed O'Hara's convictions and sentence. O'Hara was granted leave to appeal that ruling. On June 14, 2001 the New York Court of Appeals affirmed O'Hara's convictions in a majority 5 to 2 ruling. Dissenter argued that the address O'Hara used qualified as his residence under New York's civil Election Law, and that O'Hara was the only person known to have been convicted of a criminal violation. O'Hara then filed a post-conviction motion based on ineffective assistance of counsel, which was denied in 2002. O'Hara's federal habeas petition was also denied. O'Hara then filed a selective prosecution motion that the trial court denied in 2005. O'Hara subsequently filed a motion for reinstatement as an attorney. On June 1, 2009 following a hearing, an investigating subcommittee of the Committee on Character and Fitness for the New York Supreme Court Appellate Division, Second Department, issued its Report expressing the opinion that O'Hara's prosecution was politically motivated: "Mr. O'Hara, accurately it appears, claims that the machine was gunning for him and pounced on his change of residency calling it election fraud." The Report concluded: "Although the committee has grave doubts that Mr. O'Hara did anything that justifíed his criminal prosecution, even if Mr. O'Hara was guilty of the offense for which he was convicted, we believe that Mr. O'Hara now has the requisite character and fitness to be reinstated as a member of the bar." (In the Matter of John Kennedy O'Hara, No. 1997-06257, slip op. (2d Dept.,Committee on Character and Fitness, June 1, 2009, 2 and 6) Based on the report, O'Hara was reinstated to the New York bar on October 6, 2009. After his reinstatement O'Hara told the Brooklyn Paper, "Starting over at 48 feels great. Great, great, it feels great.” In January 2014 Kenneth Thompson became the new Kings County DA after defeating Hynes in the November 2013 general election. On January 6, 2015 O'Hara's attorney Joel B. Rudin filed a Notice of Motion to vacate O'Hara's judgement of conviction. The motion detailed that O'Hara's convicted conduct wasn't considered a violation under New York's civl law, and that since the denial of his 2005 selective prosecution motion new evidence had been discovered that numerous "prominent figures," particularly in Brooklyn, had committed similar acts but they hadn't been prosecuted by DA Hynes. The motion included evidence that Hynes himself violated the law because around the time of O'Hara's indictment, Hynes' "permanent" home address for his voting registration was a municipal office building. Rudin emphasized the importance of that new evidence because in 2005 Justice Gerges expressed approval of O'Hara's prosecution because of his "prominence in the community, his notoriety or his public status." The motion also cited a June 2014 New York City Department of Investigation rreport, "Findings Regarding Misconduct by Former Kings County District Attorney Charles J. Hynes, Justice Barry Kamins and Others." The Kings County Conviction Integrity Unit, reinvigorated under Thompson, began investigating O'Hara's case. The investigation discovered that a prosecution witness provided false testimony during O'Hara's trial. The witness testified the apartment O'Hara listed as the address for his voter registration was uninhabitable, but she told Thompson's investigators that it was not only fit to live in, but it had been recently renovated before he starting residing there with his then girlfriend. Thompson was 50 when he died from cancer in October 2014. Based on the new evidence that O'Hara's convictions were based on false evidence, acting District Attorney Eric Gonzalez dropped his opposition to O'Hara's motion. On January 12, 2016 a Supreme Court judge set-aside O'Hara's convictions. While celebrating with a chicken quesadilla and a beer, O'Hara told the Brooklyn Paper: "I feel great after 20 years. Three trials, a dozen appeals — it’s over!"" |
Conviction Caused By: |
False testimony by the State's key witness. |
Innocence Proved By: |
"Based on the new evidence that O'Hara's convictions were based on false evidence, acting District Attorney Eric Gonzalez dropped his opposition to O'Hara's motion. On January 12, 2016 a Supreme Court judge set-aside O'Hara's convictions." |
Defendant Aided By: |
New York City attorney Joel B. Rudin. |
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
|
Age When Released: |
|
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Exonerated! Hynes foe John O’Hara’s voter-fraud conviction finally overturned after 20 years, By Colin Mixson, Brooklyn Paper, January 13, 2017" |
Information Location 1: |
http://www.brooklynpaper.com/stories/40/3/all-john-ohara-exonerated-2017-01-20-bk.html?utm_medium=feed&utm_campaign=rss&utm_source=main&utm_content=link |
Information Source 2: |
"Hynes slapped for wrongful prosecution of O’Hara, By Will Yakowicz, Brooklyn Paper, October 14, 2009" |
Information Location 2: |
http://www.brooklynpaper.com/stories/32/41/32_41_wy_ohara_beats_hynes.html?utm_medium=web&utm_campaign=misclinks&utm_source=article_body&utm_content=intra |
Information Source 3: |
"People of the State of New York v. John O'Hara, No. 13525/96 (Kings County Supreme Court, Jan. 6, 2015) (Notice of Motion to vacate O'Hara's judgment of conviction.)" |
Information Location 3: |
https://www.scribd.com/document/254229589/Motion-to-exonerate-John-O-Hara |
Information Source 4: |
"People v. O'Hara, 754 NE 2d 155, 96 N.Y.2d 378, 729 N.Y.S.2d 396 (NY Ct of Appeals, 6-14-2001)" |
Information Location 4: |
"https://scholar.google.com/scholar_case?case=8819972191517642982&q=John+O%27Hara&hl=en&as_sdt=6,48" |
Information Source 5: |
"People v. O'Hara, 253 AD 2d 560, 677 N.Y.S.2d 373 (NY Appellate Div., 2nd Dept. 1998) (Reversing conviction and ordering new trial based on error by trial judge.)" |
Information Location 5: |
"https://scholar.google.com/scholar_case?case=8694060348721882694&q=John+O%27Hara&hl=en&as_sdt=4,33" |
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org