Wrongly Convicted Database Record
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Charge: |
"Theft (including swindling/fraud, deception and grand larceny)" |
Sentence: |
5 yrs - suspended |
Years Imprisoned: |
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Year Crime: |
1936 |
Year Convicted: |
1936 |
Year Cleared: |
1948 |
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: |
"Raymond Riley was a lawyer wrongly convicted in 1936 of grand larceny for alleging cashing a $235 check from a client and using the proceeds for his own purposes. During his trial Riley introduced a letter that his client, Gladys Dyment, had written to him authorizing him to cash the check and keep the money as partial payment of a $300 loan Riley had made to the estate Dyment was administering. Dyment testified that she hadn't signed the check. Riley was convicted a given a 5 year suspended jail sentence on condition Riley make restitution for the $235, which he did. Riley was disbarred because of his conviction and he didn't have the funds to pursue an appeal of his conviction. In 1948 Riley filed a writ to overturn his conviction on the basis of new evidence the prosecutor had failed to disclose to Riley's trial lawyer that he consulted with a handwriting expert who confirmed the signature on the check was that of Dyment, and he retained a handwriting expert who confirmed that the signature on the check was Dyment's signature. After a hearing the judge ruled that Riley had been deprived of a fair trial in 1936 because if the jury had known signature on the check was genuine it "would have destroyed the probative force of [Miss Dyment's] denial of the authenticity of the signature, which denial undoubtedly influenced the jury." The judge set-aside Riley's conviction and dismissed his indictment." |
Conviction Caused By: |
Perjury by the alleged victim. |
Innocence Proved By: |
"After a hearing the judge ruled that Riley had been deprived of a fair trial in 1936 because if the jury had known signature on the check was genuine it "would have destroyed the probative force of [Miss Dyment's] denial of the authenticity of the signature, which denial undoubtedly influenced the jury." The judge set-aside Riley's conviction and dismissed his indictment." |
Defendant Aided By: |
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Compensation Awarded: |
No |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"''Not Guilty," Judge Jerome Frank and Barbara Frank, Doubleday, NY, 1957, pp. 194-196." |
Information Location 1: |
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Information Source 2: |
"The Innocents, Edward Radin,William Morrow & Co., 1964, p. 243" |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org