Wrongly Convicted Database Record

 

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Antoine Terry

 

Charge:

Rape

Sentence:

7 years

Years Imprisoned:

2

Year Crime:

2007

Year Convicted:

2008

Year Cleared:

2010

U.S. State or Country of Crime:

Missouri

County or Region of Crime:

Cole

City of Crime:

Jefferson City

Result:

Judicially Exonerated Released

Summary of Case:

"Antoine Terry was wrongly convicted in February 2008 of committing statutory rape with a 12 year old girl in the summer of 20007 in Jefferson City, Missouri. The then 17 year old Terry lived in Chicago, but he was visiting his sister. The girl, identified as A.W., was pregnant during Terry's jury trial, and she testified Terry was the father and that she did not have sex with anyone other than Terry in the summer of 2007. Terry denied having sex with the girl. After his conviction Terry was sentenced to seven years in prison. After his conviction a DNA test of A.W.'s child determined Terry's wasn't the father. The Appeals Court refused to consider the new DNA evidence because it wasn't part of his trial record, so it affirmed his conviction on May 26, 2009. The Missouri Supreme Court accepted review of Terry's case. On February 10, 2010 the Court en banc ruled that his appeal should be dismissed because the new DNA evidence wasn't in the record for consideration in his direct appeal. However, the Court recognized the importance of the new evidence that supported the jury relied on A.W.'s perjured testimony to convict Terry. The Court remanded Terry's case to the circuit court for him to file a post-conviction motion for a new trial based on the new exculpatory evidence. Terry subsequently filed a motion for a new trial that was granted, and the prosecution declined to retry him. The charges were dimsissed on March 24, 2010."

Conviction Caused By:

Perjury by police detective that Terry confessed to having sex with the girl.

Innocence Proved By:

"On March 24, 2010 the charge was dismissed against Antoine Terry based on the new exclusionary DNA evidence that supported the alleged victim committed perjury in identifying Terry as the person she had sex with."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

18

Age When Released:

20

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"State v. Terry, No. WD-69672 (MO Sup. Ct., 2-10-2010) (Dismissing appeal and remanding case to trial court for Terry to file a post-conviction motion for a new trial based on his new exculpatory DNA evidence.)"

Information Location 1:

http://caselaw.findlaw.com/mo-court-of-appeals/1431796.html

Information Source 2:

"State v. Terry, 304 S.W.3d 105 (Mo. Ct. of Appeals 2010) (Affirming conviction, without considering new exculpatory DNA evidence that the alleged victim committed perjury in testifying Terry had sex with her.)"

Information Location 2:

"https://scholar.google.com/scholar_case?case=13090704924526090520&q=+304+S.W.3d+105+%282010%29&hl=en&as_sdt=6,48"

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

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