Wrongly Convicted Database Record

 

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James W. Preston

 

Charge:

"Robbery, Burglary and Assault"

Sentence:

11 years to Life

Years Imprisoned:

2

Year Crime:

1924

Year Convicted:

1925

Year Cleared:

1926

U.S. State or Country of Crime:

California

County or Region of Crime:

Los Angeles

City of Crime:

Los Angeles

Result:

Pardoned

Summary of Case:

"James W. Preston was wrongly convicted of the Oct 18, 1924 of the robbery of jewels from a Los Angeles widow. The only evidence was the victim's eyewitness identification of James Preston, who said she would never forget the robbers eyes and voice. Although Preston's fingerprints didn't match the perpetrators fingerprints recovered on the dust of the first-floor window where he entered, the Los Angeles newspapers incorrectly reported that his fingerprints did match. James Preston testified at his trial he was 22-miles away in Long Beach on the day of the robbery. A young witness also testified at Preston's trial corroborating that she was with him in Long Beach on the evening of the robbery. After Preston was imprisoned a Los Angeles Police Department fingerprint expert was able to match the crime scene fingerprints to a man arrested after Preston's conviction. The man actual perpetrator was the person who suggested comparing his prints with those found at the crime scene. Based on the new evidence Preston was granted a pardon by California's governor and released."

Conviction Caused By:

False eyewitness ID by the victim

Innocence Proved By:

After Preston was imprisoned a Los Angeles Police Department fingerprint expert was able to match the crime scene fingerprints to a man arrested after Preston's conviction. The man actual perpetrator was the person who suggested comparing his prints with those found at the crime scene. Based on the new evidence Preston was granted a pardon by California's governor and released.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Yes

Age When Imprisoned:

28

Age When Released:

30

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"''Not Guilty," Judge Jerome Frank and Barbara Frank, Doubleday, NY, 1957, pp. 90-96"

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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