Wrongly Convicted Database Record
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Charge: |
"Attempted Murder, Assault and Robbery" |
Sentence: |
14 to 18 years |
Years Imprisoned: |
5.67 |
Year Crime: |
1997 |
Year Convicted: |
1998 |
Year Cleared: |
2003 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Bronx |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Diomedes Polonia was wrongly convicted on December 1, 1998 of attempted murder, robbery, assault and other charges involving an incident that occurred on May 16, 1997 in the Bronx, New York City. Polonia was convicted by a jury based on the victim's identification of him in a photo lineup, an in-person lineup, and his identification when him when the victim testifed at his trial. Polonia was sentenced to 14 to 18 years in prison. Based on new exculpatory witness evidence that could have been obtained by his trial lawyer, Polonia filed a post-conviction petition for a new trial alleging constitutionally deficient assistance of counsel. That petition was granted that was by a judge with the Bronx County Supreme Court and Polonia was released on bond on January 28, 2003. The Bronx County DA submitted a motion to dismiss all charges against Polonia that was granted on January 30, 2003." |
Conviction Caused By: |
Erroneous eyewitness identification. |
Innocence Proved By: |
"The Bronx County DA submitted a motion to dismiss all charges against Polonia that was granted on January 30, 2003." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
28 |
Age When Released: |
34 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"Pair of Davis Polk Associates Free a Wrongly Convicted Man, Thomas Adcock, New York Law Journal, Feb. 7, 2004" |
Information Location 1: |
http://www.nylawyer.com/news/03/02/020703c.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org