Wrongly Convicted Database Record
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Charge: |
Attempted Murder |
Sentence: |
16 to 50 years |
Years Imprisoned: |
12 |
Year Crime: |
1991 |
Year Convicted: |
1992 |
Year Cleared: |
2003 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Queens |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Shih-Wei Su was wrongly convicted in 1992 of a 1991 attempted gang hit in New York City based on the testimony of a jailhouse informant who denied under oath receiving anything in exchange for his testimony. 19-year-old Shih-Wei Su was sentenced to 16 to 50 years in prison. Su later discovered that contrary to the informant's testimony, he had reached a deal with the prosecutor for leniency for his testimony. Su filed a motion for a new trial based on the prosecutions misconduct of concealing the secret deal with the informant. The motion was denied by New York state courts. Su then filed a federal writ of habeas corpus that was denied by the U.S. District Court Judge, but on July 11, 2003 the Court of Appeals for the Second Circuit granted Su's habeas petition. The prosecution dismissed the charge and Su was released after 12 years of wrongful imprisonment. In February 2006 Su filed a federal civil rights lawsuit demanding $25 million in damages from the City of New York, for the prosecutor's action of "knowingly presenting perjured testimony and deceiving a jury into wrongfully convicting plaintiff of attempted murder." On October 16, 2008 Su and New York City settled the suit for $3.5 million." |
Conviction Caused By: |
Prosecution concealed perjurious testimony by the prosecution's star witness who was rewarded for his testimony against Su with leniency for his crimes. |
Innocence Proved By: |
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Defendant Aided By: |
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Compensation Awarded: |
"$3,500,000 (New York City, Oct. 16, 2008)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
18 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
Asian |
Information Source 1: |
"Su v. Filion, 335 F.3d 119 (2d Cir. 07/11/2003) " |
Information Location 1: |
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Information Source 2: |
"Exonerated, Queens Man Decides to Sue Prosecutors, New York Times, February 16, 2006" |
Information Location 2: |
www.nytimes.com/2006/02/16/nyregion/16suit.html |
Information Source 3: |
"City to pay 3.5 million to wrongfully imprisoned queens man, by Kilgannon, By Corey Kilgannon, New York Times, October 18, 2008" |
Information Location 3: |
http://www.nytimes.com/2008/10/18/nyregion/18settle.html?ref=nyregion |
Information Source 4: |
"Prosecutorial Misconduct and Official Inaction, at a Cost of 3.5 Million, by Jim Dwyer, The New York Times, October 22, 2008" |
Information Location 4: |
http://www.nytimes.com/2008/10/22/nyregion/22about.html?ref=nyregion |
Information Source 5: |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org