Wrongly Convicted Database Record

 

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Dennis Lee Tomasik

 

Charge:

Child/Minor Sexual Assault

Sentence:

12 to 50 years

Years Imprisoned:

9

Year Crime:

1998

Year Convicted:

2007

Year Cleared:

2017

U.S. State or Country of Crime:

Michigan

County or Region of Crime:

Kent

City of Crime:

Comstock Park

Result:

Judicially Exonerated

Summary of Case:

"Dennis Lee Tomasik was wrongly convicted in 2007 of two counts of first-degree criminal sexula conduct involving a person under the age of 13, in Comstock Park, Michigan. Tomaski's prosecution was based on the boy's accusation, made eight years after the abuse allegedly occurred. Tomaski's defense was the events never happened. Faced with a "He said, He said" case, the jury convicted Tomasik. Dennis Tomasik was sentenced to 12 to 50 years in prison. After his conviction was affirmed by the Michigan court of appeals, the Michigan Supreme Court accepted review of his case. On December 23, 2015 the Michigan Supreme Court reversed the judgment of the Mich. Ct. of Appeals, and ordered new trial. The Supreme Court ruled the trial judge improperly admitted the recording of Tomasik's interrogation which was not relevant evidence. The Court stated: "In a trial in which the evidence essentially presents a ‘one-on-one’ credibility contest between the complainant and the defendant, the prosecutor cannot improperly introduce statements from the investigating detective that vouch for the veracity of the complainant and indicate that the detective believes the defendant to be guilty." On February 7, 2017 Tomasik was acquitted by a jury after his retrial."

Conviction Caused By:

"Trial judge erred by admitting recording of interview with Tomasik that had no relevant evidence, and in which the interrogating police officer tried to bolster the case against Tomasik and vouched for the credibility of the male accusing him."

Innocence Proved By:

"On February 7, 2017 Tomasik was acquitted by a jury after his retrial."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

42

Age When Released:

51

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Convicted Michigan child rapist acquitted at second trial, By John Hogan (WZZM-TV), Detroit Free Press, February 10, 2017"

Information Location 1:

http://www.freep.com/story/news/local/michigan/2017/02/10/convicted-child-rapist-acquitted/97744412/

Information Source 2:

"Michigan v. Dennis Lee Tomasik, No. 149372 (Mich. Sup. Ct., 12-23-2015) (Reversing judgment of Mich. Ct. of Appeals, and ordered new trial, because the trial judge improperly admitted the recording of Tomasik's interrogation which was not relevant evidence. The Court stated: "In a trial in which the evidence essentially presents a ‘one-on-one’ credibility contest between the complainant and the defendant, the prosecutor cannot improperly introduce statements from the investigating detective that vouch for the veracity of the complainant and indicate that the detective believes the defendant to be guilty.")"

Information Location 2:

http://courts.mi.gov/Courts/MichiganSupremeCourt/Clerks/RecentCourtOrders/15-16%20Orders/149372.pdf

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

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