Kenneth G. Pavel

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Charge:	Child/Minor Sex Abuse (incl. molestation)
Sentence:	8 to 24 years
Years Imprisoned:	11
Year Crime:	1989
Year Convicted:	1989
Year Cleared:	2001
U.S. State or Country of Crime:	New York
County or Region of Crime:	Onondaga
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Kenneth G. Pavel was wrongly convicted on October 18, 1989 of two counts of sexual abuse in Onondaga County, New York. In the spring of 1989, Pavel was arrested and accused of sexually abusing his children—Matthew Pavel, then age seven, and David Pavel, then age five. The accusations were brought to the attention of the police by Pavel's then-wife, Margaret Pavel, with whom he was engaged in a series of marital disputes, and who had recently been denied sole custody over Matthew and David. Pavel waived a jury trial, and during his bench trial the prosecution's case was based on the testimony of his sons and a licensed psychologist who met numerous times with the two boys. Pavel's lawyer did nothing to prepare for his defense, and after his motion to dismiss was denied when the prosecution rested, he put Pavel on the stand who testified in his defense that the incidents did not occur. The judge found Pavel guilty, and on November 27, 1989 Pavel was sentenced to two consecutive terms of 4 to 12 years in prison. Pavel was paroled on August 25, 1998, however he violated his parole because during his mandatory sex offender program he refused to admit his guilt, and on November 15, 1999 he was returned to prison. On July 25, 2001 the U.S. Court of Appeals in the Second Circuit granted Pavel's federal habeas corpus petition and reversed his conviction and ordered a retrial based on his lawyer's ineffective assistance of counsel during his trial. The Onondaga District Attorney declined to retry Kenneth Pavel and the charges were dismissed."
Conviction Caused By:	Ineffective assistance of counsel.
Innocence Proved By:	"On July 25, 2001 the U.S. Court of Appeals in the Second Circuit granted Pavel's federal habeas corpus petition and reversed his conviction and ordered a retrial based on his lawyer's ineffective assistance of counsel during his trial. The Onondaga District Attorney declined to retry Kenneth Pavel and the charges were dismissed."
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Sex:	Male
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Information Source 1:	"Pavel v. Hollins, 261 F. 3d 210 (2nd Ci. 2001) (Granting federal habeas petition and ordering new trial based on ineffective assistance of trial counsel.)"
Information Location 1:	"http://scholar.google.com/scholar_case?case=5105028583693387031&q=Kenneth+G.+Pavel+2001&hl=en&as_sdt=6,48"
Information Source 2:	"Innocent: Inside Wrongful Conviction Cases, By Scott Christianson, New York University Press, 2004, p. 181"
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Kenneth G. Pavel

Charge:

Child/Minor Sex Abuse (incl. molestation)

Sentence:

8 to 24 years

Years Imprisoned:

11

Year Crime:

1989

Year Convicted:

1989

Year Cleared:

2001

U.S. State or Country of Crime:

New York

County or Region of Crime:

Onondaga

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Ineffective assistance of counsel.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Pavel v. Hollins, 261 F. 3d 210 (2nd Ci. 2001) (Granting federal habeas petition and ordering new trial based on ineffective assistance of trial counsel.)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=5105028583693387031&q=Kenneth+G.+Pavel+2001&hl=en&as_sdt=6,48"

Information Source 2:

"Innocent: Inside Wrongful Conviction Cases, By Scott Christianson, New York University Press, 2004, p. 181"

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Comments About Case: