Wrongly Convicted Database Record

 

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Timothy Robert Turner

 

Charge:

Defamation/Slander

Sentence:

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2014

Year Cleared:

2015

U.S. State or Country of Crime:

Minnesota

County or Region of Crime:

Isanti

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Timothy Robert Turner was wrongly convicted on April 29, 2014 of criminal defamation in Isanti County. "On the morning of August 30, 2013, Turner posted ads on Craigslist in retaliation for a previous argument he had with former girlfriend C.M. Both postings were sexually explicit and purported to be from C.M. and C.M.’s minor daughter, S.M. The postings contained the cell phone numbers of C.M. and S.M. Because of these postings, multiple men contacted C.M. and S.M., seeking to have sex with them. Additionally, men sent S.M. pornographic images in text messages. Eventually, appellant admitted that he published the postings because he was mad at C.M. and S.M. The state charged appellant with two counts of criminal defamation, in violation of Minn.Stat. § 609.765, subd. 2." The district court judged denied Turner's motion to dismiss the charges because the statute was unconstitutionally overbroad and vague and prosecuting him violated his First Amendment rights under the U.S. and Minnesota Constitutions. Turner was found guilty after a bench trial, after he was sentenced on May 21, 2014 the district court stayed his sentence pending the outcome of his appeal. On May 26, 2015 the Minnesota Court of Appeals reversed Turner's conviction on the basis Minnesota's criminal defamation statute was unconstitutionally overly broad. (Quotes from, Minnesota vs. Turner, No. A14-1408 (Minn. Ct. of Appeals, 5-26-2015))"

Conviction Caused By:

Innocence Proved By:

"On May 26, 2015 the Minnesota Court of Appeals reversed Turner's conviction on the basis Minnesota's criminal defamation statute was unconstitutionally overly broad. The Court's ruling stated: "Minnesota Statutes section 609.765 criminalizes true statements and statements made without “actual malice.” Because the statute penalizes protected, as well as unprotected speech, it is unconstitutionally overbroad and in violation of First Amendment protections and is not susceptible to a narrowing construction. Accordingly, we reverse appellant’s conviction under section 609.765." Minnesota vs. Turner, No. A14-1408 (Minn. Ct. of Appeals, 5-26-2015)"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State of Minnesota vs. Timothy Robert Turner, No. A14-1408 (Minn. Ct. of Appeals, 5-26-2015) (Vacating conviction on the basis the statute was unconstitutionally overly broad.)"

Information Location 1:

http://www.mncourts.gov/opinions/coa/current/OPa141408-052615.pdf

Information Source 2:

"MN criminal defamation statute overturned, By Dana Thiede, KARE-TV (Minneapolis/St. Paul, MN), May 26, 2015"

Information Location 2:

http://www.kare11.com/story/news/2015/05/26/mn-criminal-defamation-statute-overturned/27961981/

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