Wrongly Convicted Database Record

 

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Amy Smigielski

 

Charge:

Firearm possession (including sale)

Sentence:

1 year 6 months

Years Imprisoned:

1

Year Crime:

2009

Year Convicted:

2009

Year Cleared:

2012

U.S. State or Country of Crime:

Massachusetts

County or Region of Crime:

Hampden

City of Crime:

Springfield

Result:

Judicially Exonerated

Summary of Case:

"Amy Smigielski was wrongly convicted on November 3, 2009 of illegal possession of a firearm in Springfield, Massachusetts. Her prosecution was based on an alleged road rage incident that occurred at about 4 am on January 7, 2009. Smigielski was one of four people in the two vehicles involved in the incident, who were arrested on various charges. When shots were fired Smigielski ducked for cover in the front seat of the Ford Mustang she was in. Smigielski was charged with possession of a firearm without a license and possession of ammunition without a firearms identification card. On July 19, 2012 the Massachusetts Court of Appeal summarily reversed Smigielski's conviction under Massachusett's Appeals Court Rule 1:28 (Summary Disposition), and the charges were dismissed. In 2013 Smigielski filed a claim for compensation from the State of Massachusetts under G.L.C. 258D, and her claim was settled in 2014 for $250,000."

Conviction Caused By:

Innocence Proved By:

"On July 19, 2012 the Massachusetts Court of Appeal summarily reversed Smigielski's conviction under Massachusett's Appeals Court Rule 1:28 (Summary Disposition), and the charges were dismissed."

Defendant Aided By:

Compensation Awarded:

"$250,000 (State of Massachusetts, 2014)"

Was Perpetrator Identified?

Age When Imprisoned:

29

Age When Released:

29

Sex:

Female

Skin/Ethnicity:

White

Information Source 1:

"Smigielski, Amy v. Commonwealth, HDCV2013-00090 (Settled compensation lawsuit against State of Massachusetts for $250,000)"

Information Location 1:

Information Source 2:

"Com. v. Smigielski, 82 Mass. App. Ct. 1107 (Mass. Appeals Court, 7-19-2012) (Reversing conviction uner Appeals Court Rule 1:28 (Summary Disposition). A clear error of law was committed so no oral argument was required, and summary judgment issued for Smigielski.)"

Information Location 2:

"https://scholar.google.com/scholar_case?case=11879020339550884589&q=82+Mass.+App.+Ct.+1107+2012++Smigielski&hl=en&as_sdt=4,22"

Information Source 3:

"Road Rage Leads to Gunshot, Police Chase and Four Arrests in Springfield, By ABC40 Staff, Masscops.com, January 8, 2009"

Information Location 3:

http://www.masscops.com/threads/road-rage-leads-to-gunshot-police-chase-and-four-arrests-in-springfield.68297/

Information Source 4:

COMMONWEALTH vs. AMY SMIGIELSKI 2011-P-0500 (Hampden Superior Court) Court case record

Information Location 4:

http://courtfiles.org/COMMONWEALTH-vs-AMY-SMIGIELSKI-2011-P-0500/32033

Information Source 5:

Information Location 5:

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

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