Wrongly Convicted Database Record
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Charge: |
Disorderly Conduct |
Sentence: |
1 year probation and 25 hours community service |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2014 |
U.S. State or Country of Crime: |
Wisconsin |
County or Region of Crime: |
Iowa |
City of Crime: |
Arena |
Result: |
Judicially Exonerated |
Summary of Case: |
"Thomas G. Smith was wrongly convicted in 2013 of disorderly conduct and unlawful use of a computerized communication system in Iowa County, Wisconsin. Smith's prosecution was for two comments he made on July 21, 2012 on the Arena Police Department's Facebook page that were critical of the police department. The trial judge denied Smith's pre-trial motion to dismiss because his comments were protected by the First Amendment. After his conviction by a jury Smith was sentenced to one year probation and 25 hours community service. Smith appealed. On July 3, 2014 the Wisconsin Court of Appeal reversed Smith's convictions on the basis the trial judge erred in denying his motion to dismiss, because his Facebook comments were an exercise of free speech protected by the First Amendment." |
Conviction Caused By: |
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Innocence Proved By: |
"On July 3, 2014 the Wisconsin Court of Appeal reversed Smith's convictions on the basis his Facebook comments were an exercise of free speech protected by the First Amendment." |
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Was Perpetrator Identified? |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"State of Wisconsin v. Thomas G. Smith, No. 2013AP2516-CR (Wisonsin Ct. of Appeals, 7-3-2014) (Reversing conviction)" |
Information Location 1: |
https://www.scribd.com/doc/283104688/Wisconsin-Court-of-Appeals-Wisconsin-vs-Smith-Ruling |
Information Source 2: |
"When Insulting the Police is a "Crime", Pro Libertate, September 29, 2015" |
Information Location 2: |
http://freedominourtime.blogspot.ca/2015/09/when-insulting-police-is-crime.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org