Wrongly Convicted Database Record
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Charge: |
Assault with Deadly Weapon |
Sentence: |
93 months to 121 months |
Years Imprisoned: |
2.25 |
Year Crime: |
2007 |
Year Convicted: |
2007 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
North Carolina |
County or Region of Crime: |
Lee |
City of Crime: |
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Result: |
Judicially Exonerated Released |
Summary of Case: |
"Wrongly convicted in 2007 of assault with a deadly weapon inflicting serious injury resulting from an attack on two men. Donald Sweat was convicted even though neither victim could identify their assailant, and the only description they gave police was their assailant was a man or a boy. Neither victim had seen Sweat prior to their trial testimony, neither could make an in-court identification of Sweat as their attacker. Sweat was sentenced to serve between 93 months and 121 months imprisonment. On April 7, 2009 the North Carolina Court of Appeals overturned Sweats conviction and sentence on the basis the jury speculated he was the assailant because the State failed to present sufficient evidence of the identity of Sweat as the perpetrator of the crime." |
Conviction Caused By: |
The prosecution speculated that Sweat was the perpetrator based on vague comments he made about what he did on the night the two victims were attacked -- although none of the comments identified that he was referring to the attack on the victims. |
Innocence Proved By: |
"On April 7, 2009 the North Carolina Court of Appeals overturned Sweats conviction and sentence on the basis the jury speculated he was the assailant because the State failed to present sufficient evidence of the identity of Sweat as the perpetrator of the crime." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"North Carolina v. Donald Sweat, No. coa08-848-1 (NC Ct of Appeals 4-7-09) - unpublished under rule 30e.htm" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org