Wrongly Convicted Database Record

 

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Peter Rose

 

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?

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

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