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Wrongly Convicted Database Record
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Charge: |
Kidnapping (incld. Abduction) |
Sentence: |
5 to 15 years |
Years Imprisoned: |
2 |
Year Crime: |
2013 |
Year Convicted: |
2014 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Nevada |
County or Region of Crime: |
Clark |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Michael John Schofield was wrongly convicted on February 3, 2014 of the first-degree kidnapping of his teenage son Michael, when on January 6, 2013 Schofield tried to take him to the grocery store during a visit with him at the Clark County, Nevada home of Schofield's mother and step-father -- who had legal guardianship of Schofield's son. Schofield's mother called 911 and Schofield was arrested at her home. During his trial Schofield was initially represented by a lawyer, but toward the end he opted to represent himself. The jury convictd him of child abuse and first-degree kidnapping. Schofield was sentenced on July 21, 2014 to a prison term of 5 to 15 years. Michael Schofield appealed his kidnapping conviction on the basis that his intention to take him on a routine errand to the grocery store does not contitute the "intent to keep" that is a required element for the prosecution to prove to support first-degree kidnapping. On April 21, 2016 the Nevada Supreme Court reversed Schofield's conviction on the basis the prosecution didn't introduce sufficient evidence to prove beyond a reasonable doubt that he committed first-degree kidnapping. The Court ruled, "Using the proper definition of "intent to keep," there is insufficient evidence to support Schofield's first-degree kidnapping conviction because there was no evidence that he intended to keep Michael permanently or for a protracted period. In fact, the overwhelming evidence at trial showed Schofield intended to take Michael to the store and then return him to Patricia and Norman." (Schofield v. State, No. 65193 (Nev. Sup. Ct., 4-21-2016)) Schofield didn't appeal his child abuse conviction for which he was sentenced to 13 months in prison, which he had already served at the time the Court reversed his conviction." |
Conviction Caused By: |
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Innocence Proved By: |
"On April 21, 2016 the Nevada Supreme Court reversed Schofield's conviction on the basis the prosecution didn't introduce sufficient evidence to prove beyond a reasonable doubt that he committed first-degree kidnapping. The Court ruled, "Using the proper definition of "intent to keep," there is insufficient evidence to support Schofield's first-degree kidnapping conviction because there was no evidence that he intended to keep Michael permanently or for a protracted period. In fact, the overwhelming evidence at trial showed Schofield intended to take Michael to the store and then return him to Patricia and Norman." (Schofield v. State, No. 65193 (Nev. Sup. Ct., 4-21-2016))" |
Defendant Aided By: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
48 |
Age When Released: |
50 |
Sex: |
Male |
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Information Source 1: |
"Schofield v. State, 132 Nev. Advance Opinion 26, No. 65193 (Nev. Sup. Ct., Apr 21, 2016) (Reversing conviction based on insufficient evidence to prove essential element of kidnapping.)" |
Information Location 1: |
http://caseinfo.nvsupremecourt.us/document/view.do?csNameID=33386&csIID=33386&deLinkID=548898&sireDocumentNumber=16-12413 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org