Michael Waithe

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Charge:	Burglary and Unlawful Entry
Sentence:	1-1/2 to 4 years
Years Imprisoned:	1.5
Year Crime:	1986
Year Convicted:	1987
Year Cleared:	2015
U.S. State or Country of Crime:	New York
County or Region of Crime:	Kings
City of Crime:	New York City
Result:	Judicially Exonerated
Summary of Case:	"Michael Waithe was wrongly convicted in 1987 of the burglary in 1986 of an apartment in Brooklyn, New York. The prosecution's case was solely based on the testimony of the "victim," because there was no physical evidence a burglary had been committed, and Waithe denied he had broken into her house. After Waithe's conviction by a jury he was sentenced to 1-1/2 to 4 years in prison. Waithe served a year-and-a-half in prison before his release in 1988. Waithe, an immigrant from Barbados and a father of four who was in the U.S. on a green card, was facing deportation due to discovery of his felony conviction by ICE after he returned to the U.S. in 2011 from a trip outside the country. The Kings County DA's Office reopened his case In 2014, and in January 2015 the alleged victim, Delores Taylor, now 69, admitted to the DA's investigators that she fabricated the break-in and lied during Waithe's trial. She said she fabricated a non-existent break-in by Waithe because she didn't like him and she thought he stole her car. The next week, on January 29, 2015 the Kings County DA's motion was granted for the vacating of Waithe's conviction and dismissal of his indictment, based on the new evidence his accuser admitted that she fabricated the 1986 break-in of her apartment. Dismissal of Waithe's indictment provided him with new evidence to oppose his deportation. Waithe, 52, planned to get married the week after his exoneration."
Conviction Caused By:	The accuser fabricated a non-existent break-in by Waithe because she didn't like him and she thought he stole her car.
Innocence Proved By:	"On January 29, 2015 the Kings County DA's motion was granted for the vacating of Waithe's conviction and dismissal of his indictment, based on the new evidence his accuser admitted that she fabricated the 1986 break-in of her apartment becasue she didn't like Waithe."
Defendant Aided By:	Kings County Conviction Integrity Unit
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	24
Age When Released:	25
Sex:	Male
Skin/Ethnicity:	Black
Information Source 1:	"Prosecutors toss out an immigrant's conviction for false burglary that threatened him with deportation, BY Oren Yaniv (Staff writer), New York Daily News, January 29, 2015"
Information Location 1:	http://www.nydailynews.com/new-york/nyc-crime/prosecutors-toss-immigrant-burglary-conviction-article-1.2097001
Information Source 2:	"NY prosecutors clear immigrant from Barbados in '86 burglary, By Associated Press, Daily Mail (London, UK), January 29, 2015"
Information Location 2:	http://www.dailymail.co.uk/wires/ap/article-2932091/US-prosecutors-clear-immigrant-Barbados-86-burglary.html
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Michael Waithe

Charge:

Burglary and Unlawful Entry

Sentence:

1-1/2 to 4 years

Years Imprisoned:

1.5

Year Crime:

1986

Year Convicted:

1987

Year Cleared:

2015

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

The accuser fabricated a non-existent break-in by Waithe because she didn't like him and she thought he stole her car.

Innocence Proved By:

"On January 29, 2015 the Kings County DA's motion was granted for the vacating of Waithe's conviction and dismissal of his indictment, based on the new evidence his accuser admitted that she fabricated the 1986 break-in of her apartment becasue she didn't like Waithe."

Defendant Aided By:

Kings County Conviction Integrity Unit

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

24

Age When Released:

25

Sex:

Male

Skin/Ethnicity:

Black

Information Source 1:

"Prosecutors toss out an immigrant's conviction for false burglary that threatened him with deportation, BY Oren Yaniv (Staff writer), New York Daily News, January 29, 2015"

Information Location 1:

http://www.nydailynews.com/new-york/nyc-crime/prosecutors-toss-immigrant-burglary-conviction-article-1.2097001

Information Source 2:

"NY prosecutors clear immigrant from Barbados in '86 burglary, By Associated Press, Daily Mail (London, UK), January 29, 2015"

Information Location 2:

http://www.dailymail.co.uk/wires/ap/article-2932091/US-prosecutors-clear-immigrant-Barbados-86-burglary.html

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