Wrongly Convicted Database Record

 

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Francisco Toscanino

 

Charge:

Drug related conspiracy

Sentence:

"20 years & $20,000 fine"

Years Imprisoned:

1.67

Year Crime:

1970

Year Convicted:

1973

Year Cleared:

1974

U.S. State or Country of Crime:

New York - Federal Case

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated Released

Summary of Case:

"Francisco Toscanino was wrongly convicted on June 5, 1973 in U.S. District Court in Brooklyn, New York of conspiring with four other men to import narcotics into the United States in 1970 from Uruguay. Toscanino was knocked out and abducted in Montevideo on January 6, 1973 by American agents working with the Uruguayan military personal, who transported him to the Brazilian border where he was handed off to Brazilian police who spent 17 days torturing and interrogating him at the request of U.S. agents. After that he was turned over to U.S. Drug Enforcement Agency (DEA) agents who then transported him to the U.S. There were no charges against Toscanino at the time he was kidnapped and interrogated, and transported to the U.S..A month after arriving in the U.S. he was indicted by a federal grand jury on February 22, 1973. After a two week jury trial Toscanino was convicted, and subsequently sentenced to 20 years in federal prison and payment of a $20,000 fine. Toscanino appealed on the basis that his due process rights were violated because he suffered "cruel, inhuman and outrageous" treatment. On May 15, 1974 the Second Circuit U.S. Court of Appeals overturned Toscanino's conviction on the basis of his allegations the U.S. agents in Uruguay had used illegal electronic surveillance and tortured him."

Conviction Caused By:

Innocence Proved By:

"On May 15, 1974 the Second Circuit U.S. Court of Appeals overturned Toscanino's conviction on the basis of his allegations the U.S. agents in Uruguay had used illegal electronic surveillance and tortured him."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"United States v. Toscanino, 500 F. 2d 267 (2nd Cir. 1974)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=16965319095007975338&q=Francisco+Toscanino+1974&hl=en&as_sdt=6,48"

Information Source 2:

"United States v. Toscanino, 504 F. 2d 1380 (2nd Cir. 1974) (Denying rehearing en banc)"

Information Location 2:

"https://scholar.google.com/scholar_case?case=2511439430579894730&q=Francisco+Toscanino+1974&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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