Wrongly Convicted Database Record

 

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Mark Colin Sodersten

 

Charge:

Murder and Attempted Rape

Sentence:

Life Imprisonment without possibility of parole

Years Imprisoned:

23

Year Crime:

1984

Year Convicted:

1986

Year Cleared:

2007

U.S. State or Country of Crime:

California

County or Region of Crime:

Tulare

City of Crime:

Visalia

Result:

Judicially Exonerated Posthumously - Died in prison

Summary of Case:

"Mark Colin Sodersten was wrongly convicted on May 22, 1986 of the murder and attempted rape of Julie Wilson on November 2, 1984 in Tulare County, California. His conviction was based on eyewitness testimony. The prosecution sought the death penalty, but the jury recommended a sentence of life in prison without the possibility of parole. On July 3, 1986 the trial judge denied Sodersten's motion for a new trial and sentenced him to life in prison without the possibility of parole plus 7 years. The California Court of Appeal denied his appeal in 1988. In 1998 Sodersten filed a habeas corpus petition, and on July 23, 1998 the Court of Appeals ordered the Tulare County Superior Court to appoint counsel to Sodersten and to hold an evidentiary hearing. The investigation by Sodersten's attorney discovered the Tulare County DA had failed to disclose four exculpatory audio tape recordings, including one by the prosecution's witness against him, prior to Sodersten's trial. Sodersten claimed the tapes were Brady evidence and their nondisclosure deprived him of his due process right to a fair trial. On December 17, 2004 the trial court denied Sodersten's petition after conducting an evidentiary hearing during which Sodersten testified. In February 2005 Sodersten filed a petition for appointment of counsel in the Court of Appeals, which was granted. Sodersten died on June 25, 2006 while his case was pending in the Court of Appeals, and his lawyer made a motion for summary judgment. The State opposed the motion arguing Sodersten's death made his habeas petition moot. The Court deferred judgment on the motion until January 17, 2007, when it granted Sodersten's habeas petition and vacated his convictions. The Court ruled that Sodersten's death didn't make his petition moot because the prosecution's conduct in concealing the exculpatory tapes affected "the integrity of our judicial system," and not just Sodersten as an individual. The Court's ruling stated in part: Our review of the record in this case raises fundamental questions about the process used to convict Mark Sodersten. The trier of fact was asked to make a determination of guilt based on evidence that was incomplete because of the state's failure to disclose exculpatory evidence. This is not simple error in which the balance of the evidence can be evaluated and found to support no other reasonable conclusion but that reached by the jury. The foreclosed evidence in this case strikes directly at the issue of guilt or innocence. This is also not a case where the evidence of guilt is such that, while the issue of a fair trial is called into question, the issue of factual innocence is not. Moreover, the prosecution here asked for the penalty of death. Only the verdict of a jury deprived of exculpatory evidence fortuitously avoided that outcome. This case raises the one issue that is the most feared aspect of our system—that an innocent man might be convicted. While that consequence unfortunately does occur in the most protective justice system ever devised by man, it cannot be allowed to occur as a result of a dereliction of their duty by law enforcement and prosecutorial authorities sworn to protect that system. And, it should not be cloaked in silence if scrutiny by the justice system is to stand as a reminder of that duty." (In re Sodersten, 53 Cal.Rptr.3d 572, 146 Cal.App.4th 1164, 146 Cal.App.4th 1163 (Cal.App. Dist.5 01-17-2007))"

Conviction Caused By:

Perjured testimony by the State's star eyewitness and the prosecution's failure to disclose four exculpatory audio tapes of witness interviews.

Innocence Proved By:

"On January 17, 2007 the California Court of Appeals granted Sodersten's habeas petition and posthumously vacated his conviction."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

28

Age When Released:

48

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"In re Sodersten, 53 Cal.Rptr.3d 572, 146 Cal.App.4th 1164, 146 Cal.App.4th 1163 (Cal.App. Dist.5 01-17-2007)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=3014679081250753488&q=mark+sodersten&hl=en&as_sdt=6,48"

Information Source 2:

"People v. Sodersten (May 3, 1988, F007395, F009338) [nonpub. Opn.)"

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

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