Wrongly Convicted Database Record
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Charge: |
Rape and Kidnapping (abduction) |
Sentence: |
27 years |
Years Imprisoned: |
10 |
Year Crime: |
1994 |
Year Convicted: |
1996 |
Year Cleared: |
2004 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
San Joaquin |
City of Crime: |
Lodi |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Peter Rose was wrongly convicted in 1996 of raping and kidnapping a 13 year old girl in 1994, based on the girl's erroneous eyewitness ID. Released on Oct 29, 2004 after DNA testing excluded him as the girl's attacker. Declared actually innocent by a CA Superior Court Judge on February 18, 2005. In May 2005 Peter Rose filed a claim against the City of Lodi for compensation. Rose was awarded $328,200 in compensation by the State of California Victim's Claims Board in October 2005, under the state's wrongful conviction compensation law that awards $100 per day of imprisonment after conviction. In January 2007 Rose settled for $1 million his federal civil rights lawsuit against the City of Lodi, San Joaquin County and the State of California. The city paid $625,000, the county paid $100,000 and the state paid $275,000. Rose's lawyers received $333,333, Rose received $444,444 and Rose's three children received $222,222. Rose was awarded a total of $1,328,200." |
Conviction Caused By: |
Erroneous eyewitness ID by the victim. |
Innocence Proved By: |
DNA evidence excluded him as the attacker |
Defendant Aided By: |
Northern California Innocence Project (Lead/primary) and Innocence Project NY |
Compensation Awarded: |
"$1,328,200 total. $328,200 by State of California (Oct 2005) and $1 million (City of Lodi, $625,000; San Joaquin County, $100,000; and State of California, $275,000. Global settlement in Jan 2007)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
25 |
Age When Released: |
35 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Ex-lodi man settles suit over 10-year rape term, By Staff Writers, Stockton Record, January 6, 2007" |
Information Location 1: |
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20070106/A_NEWS/701060324 |
Information Source 2: |
"California Man Freed by DNA Exclusion, Northern CA Innocence Project, Oct 29, 2004." |
Information Location 2: |
http://truthinjustice.org/peter-rose.htm |
Information Source 3: |
"In the Matter of the Claim of James Ochoa, No. G554383, Victim Compensation and Government Claims Board of the State of California, October " |
Information Location 3: |
http://www.vcgcb.ca.gov/docs/pc4900/PC-4900-Approved-Rose.pdf |
Information Source 4: |
"Wrongly convicted of rape, man files claim against city of Lodi, Jake Armstrong (staff), Lodi News-Sentinel, May 14, 2005" |
Information Location 4: |
http://www.lodinews.com/articles/2005/05/14/news/2_rose_050514.txt |
Information Source 5: |
"Man Wrongly Convicted in Rape to get 328,000, San Jose Mercury News, October 21, 2005" |
Information Location 5: |
http://www.mercurynews.com/mld/mercurynews/news/breaking_news/12963732.htm |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org