Wrongly Convicted Database Record
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Charge: |
Conspiracy to violate one or more laws. |
Sentence: |
Exonerated After Conviction But Prior to Sentencing |
Years Imprisoned: |
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Year Crime: |
2014 |
Year Convicted: |
2019 |
Year Cleared: |
2020 |
U.S. State or Country of Crime: |
Massachusetts - Federal Case |
County or Region of Crime: |
Suffolk |
City of Crime: |
Boston |
Result: |
Judicially Exonerated |
Summary of Case: |
"Kenneth Brissette and Timothy Sullivan were co-defendants wrongly convicted in August 2019 in federal court of violating the federal Hobbs Act in Boston, Massachusetts. The prosecution of Brissette and Sullivan was based on the allegation by federal prosecutors that they pressured organizers of the 2014 Boston Calling Festival into hiring union workers in an effort to "curry favor" with Boston Mayor Marty Walsh. Walsh was a former Democratic state lawmaker and longtime labor union executive. The three-day Calling Festival was in September of 2014 at Boston's City Hall Plaza. The several dozen acts, including The National, Lorde, Nas and The Roots. Brissette and Sullivan were indicted in 2016. U.S. District Judge Lee Sorokin granted a defense motion to dismiss the charges. In 2018 the First Circuit U.S. Court of Appeals reversed Sorokin's ruling. During their trial officials from festival organizers Crash Line testified they feared they would not get the necessary city permits if they didnt comply with Brissette and Sullivans request to hire union stagehands. However, the prosecution introduced no evidence either Brissette or Sullivan personally benefited from the hiring of union stagehands. After their convictions by a federal jury of conspiracy to commit extortion, Brissette and Sullivan filed post-verdict motions to set-aside their convictions based on the prosecution's failure to introduce sufficient trial evidence to prove their guilt of every essential element beyond a reasonable doubt. On February 12, 2020 Judge Sorokin issued a 90-page Memorandum and Order granting the motion on the basis the government failed to prove the essential element of the existence of a quid pro quo. Sorokin also criticized the government's failure to turn over exculpatory evidence until just before trial." |
Conviction Caused By: |
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Innocence Proved By: |
"On February 12, 2020 Judge Sorokin issued a 90-page Memorandum and Order granting the motion on the basis the government failed to prove the essential element of the existence of a quid pro quo. Sorokin also criticized the government's failure to turn over exculpatory evidence until just before trial." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"USA v. Kenneth Brissette and Timothy Sullivan, No. 16-cr-10137-LTS (USDC Mass, 2-12-2020) (Order and Memorandum setting aside convictions and ordering judgements of acquittal based on insufficient trial evidence.)" |
Information Location 1: |
https://boston.cbslocal.com/wp-content/uploads/sites/3859903/2020/02/Ruling.pdf |
Information Source 2: |
"Judge Throws Out Convictions Against City Hall Employees In Boston Calling Extortion Trial, By Alanna Durkin Richer (AP), WBZ Channel 4 (Boston), February 12, 2020" |
Information Location 2: |
https://boston.cbslocal.com/2020/02/12/boston-calling-extortion-trial-verdicts-thrown-out-timothy-sullivan-kenneth-brissette/ |
Information Source 3: |
"Judge Tosses Convictions of 2 Ex-City Hall Officials in Boston Calling Extortion Case, By Marc Fortier, NECN (Boston), February 12, 2020" |
Information Location 3: |
https://www.necn.com/news/local/judge-tosses-convictions-of-2-ex-city-hall-officials-in-boston-calling-extortion-case/2231428/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org