Wrongly Convicted Database Record
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Charge: |
Abuse of Corpse |
Sentence: |
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Years Imprisoned: |
0.4 |
Year Crime: |
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Year Convicted: |
2002 |
Year Cleared: |
2003 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Hamilton |
City of Crime: |
Cincinnati |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jonathan Tobias was a pathologist for Hamilton County wrongly convicted in 2002 of abusing corpses at the Hamilton County morgue by allegedly aiding another man who photographed corpses in poses with various props such as shells, fruit and toys, etc. Sentenced to one year of community control and five months of confinement. In May 2003, the Ohio 1st District Court of Appeals reversed Tobias' conviction on the basis there was no evidence that Tobias had any knowledge of what the man was doing prior to him taking the photos. In concurring, one of the judges wrote, "There were myriad other errors in jury instructions, in statements by the prosecutor, and in the admission of evidence. I agree with my colleagues that these errors are now moot at the appellate level. But without them, the case might not have reached the appellate level."" |
Conviction Caused By: |
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Innocence Proved By: |
Conviction reversed by the Ohio 1st District Court of Appeals based on insufficient evidence Tobias was guilty. |
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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: |
"Pathologist's Conviction Reversed, Dan Horn, Cincinnati Enquirer, May 3, 2003" |
Information Location 1: |
http://www.enquirer.com/editions/2003/05/10/loc_morgue10.html |
Information Source 2: |
"State v. Tobias, 2003 -Ohio- 2336 (Ohio App. Dist.1 05/09/2003)" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org