David T. Pomianek Jr.

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Charge:	Racial verbal harassment
Sentence:	270 days to be served on weekends
Years Imprisoned:	0.15
Year Crime:	2007
Year Convicted:	2010
Year Cleared:	2015
U.S. State or Country of Crime:	New Jersey
County or Region of Crime:	Camden
City of Crime:	Gloucester Township
Result:	Judicially Exonerated
Summary of Case:	"David T. Pomianek Jr. was wrongly convicted on December 9, 2010 of harassing a person because of their race or color, for taunting a black co-worker on April 4, 2007 in Gloucester Township, New Jersey. Pominek was an employee of Gloucester Township, and he was fired in June 2008 related to the incident. After his conviction by a jury, in January 2011 Pomianek was sentenced to 270 days in jail, to be served on weekends in the Camden County Jail. He served 52 days in jail before his sentence was stayed. On March 17, 2015 the New Jersey Supreme Court vacated David Pomianek's convictions. The Court ruled: "We hold that N.J.S.A. 2C:16-1(a)(3), due to its vagueness, violates the Due Process Clause of the Fourteenth Amendment. In focusing on the victim's perception and not the defendant's intent, the statute does not give a defendant sufficient guidance or notice on how to conform to the law." ('State v. Pomianek, Jr., 110 A. 3d 841, 221 NJ 66 (NJ Sup. Ct. 2015) Pomianek sough reinstatement of his city job, and on May 1, 2015 a state judge vacated a four-year-old court order forfeiting his job."
Conviction Caused By:
Innocence Proved By:	"On March 17, 2015 the New Jersey Supreme Court vacated David Pomianek's convictions."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"State v. David Pomianek, Jr., 110 A. 3d 841, 221 NJ 66 (NJ Supreme Court, 3-17-2015) (Affirming appeals court's ruling vacating convictions, and ruling the statute was unconstitutional for vagueness in informing a person what conduct is illegal.)"
Information Location 1:	http://www.judiciary.state.nj.us/opinions/supreme/A323StatevDavidTPomianek.pdf
Information Source 2:	"Gloucester Twp. bias case overturned, By Jim Walsh (Staff writer), Courier-Post, March 17, 2015"
Information Location 2:	http://www.courierpostonline.com/story/news/local/south-jersey/2015/03/17/gloucester-twp-bias-case-overturned/24904739/
Information Source 3:	"State v. David Pomianek, Jr., No. A-2694-10T4 (Superior Ct of NJ Appellate Div., 1-30-2013) (Vacating conviction)"
Information Location 3:
Information Source 4:	"Cleared of bias conviction, he wants job back, By Jim Walsh (Staff writer), Courier-Post, May 5, 2015"
Information Location 4:	http://www.courierpostonline.com/story/news/local/south-jersey/2015/05/05/pomianek-banana-cage-gloucester/26935139/
Information Source 5:
Information Location 5:
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David T. Pomianek Jr.

Charge:

Racial verbal harassment

Sentence:

270 days to be served on weekends

Years Imprisoned:

0.15

Year Crime:

2007

Year Convicted:

2010

Year Cleared:

2015

U.S. State or Country of Crime:

New Jersey

County or Region of Crime:

Camden

City of Crime:

Gloucester Township

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On March 17, 2015 the New Jersey Supreme Court vacated David Pomianek's convictions."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State v. David Pomianek, Jr., 110 A. 3d 841, 221 NJ 66 (NJ Supreme Court, 3-17-2015) (Affirming appeals court's ruling vacating convictions, and ruling the statute was unconstitutional for vagueness in informing a person what conduct is illegal.)"

Information Location 1:

http://www.judiciary.state.nj.us/opinions/supreme/A323StatevDavidTPomianek.pdf

Information Source 2:

"Gloucester Twp. bias case overturned, By Jim Walsh (Staff writer), Courier-Post, March 17, 2015"

Information Location 2:

http://www.courierpostonline.com/story/news/local/south-jersey/2015/03/17/gloucester-twp-bias-case-overturned/24904739/

Information Source 3:

"State v. David Pomianek, Jr., No. A-2694-10T4 (Superior Ct of NJ Appellate Div., 1-30-2013) (Vacating conviction)"

Information Location 3:

Information Source 4:

"Cleared of bias conviction, he wants job back, By Jim Walsh (Staff writer), Courier-Post, May 5, 2015"

Information Location 4:

http://www.courierpostonline.com/story/news/local/south-jersey/2015/05/05/pomianek-banana-cage-gloucester/26935139/

Information Source 5:

Information Location 5:

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Book Information:

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Book Information (2):

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