Wrongly Convicted Database Record
|
Charge: |
Embezzelment |
Sentence: |
6 years |
Years Imprisoned: |
1.58 |
Year Crime: |
2000 |
Year Convicted: |
2003 |
Year Cleared: |
2005 |
U.S. State or Country of Crime: |
Wisconsin |
County or Region of Crime: |
Juneau |
City of Crime: |
|
Result: |
Judicially Exonerated Released |
Summary of Case: |
"John A. Rupp was wrongly convicted in 2000 of embezzlement and theft by false representation for allegedly failing to complete a home construction project for a client after she paid him. Rupp was sentenced to six years in prison. On Feb. 15, 2005 the 4th District Wisconsin Court of Appeals reversed Rupps' convictions. The appeals court ruled that the money Rupp was convicted of stealing became his own once the client paid him. "Because Mr. Rupp was the owner of the money, he could not have used it without his own consent and therefore must be innocent of theft," the petition said. "Mr. Rupp cannot be guilty of embezzling his own money." Rupp was wrongly imprisoned for 19 months. He filed a claim with the Wisconsin Claims Board for $22,797 compensation under a state law providing for $15,000 per year of wrongful imprisonment. A hearing was held on November 6, 2008, and on November 26 the Claims Board rejected Rupps' claim, ruling "the evidence is not clear and convincing" he is innocent, even though the Court of Appeals overturned his conviction on the basis that he was factually innocent." |
Conviction Caused By: |
|
Innocence Proved By: |
"On Feb. 15, 2005 the 4th District Wisconsin Court of Appeals reversed Rupps' convictions." |
Defendant Aided By: |
|
Compensation Awarded: |
No |
Was Perpetrator Identified? |
|
Age When Imprisoned: |
40 |
Age When Released: |
42 |
Sex: |
Male |
Skin/Ethnicity: |
|
Information Source 1: |
"Board denies request for $22,797 after conviction overturned, Wisconsin State Journal, November 26, 2008" |
Information Location 1: |
http://www.madison.com/wsj/home/local/316197 |
Information Source 2: |
"Man seeks $22,797 after wrongful conviction, Wisconsin State Journal, November 7, 2008" |
Information Location 2: |
http://www.madison.com/wsj/home/local/313288 |
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org