Wrongly Convicted Database Record

 

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Melonie K. Ware

 

Charge:

Felony Murder

Sentence:

Life Imprisonment

Years Imprisoned:

1

Year Crime:

2004

Year Convicted:

2004

Year Cleared:

2009

U.S. State or Country of Crime:

Georgia

County or Region of Crime:

DeKalb

City of Crime:

DeKalb

Result:

Judicially Exonerated Released

Summary of Case:

"Melonie K. Ware was wrongly convicted on November 9, 2005 of felony murder, aggravated battery and cruelty to a child related to the death of 9-month-old Jaden Paige on March 18, 2004. Paige was in Ware's care when he went into fatal seizures at her in-home day care north of Decatur, Georgia. She was charged with murder based on the prosecution's theory that he died because he was a "shaken baby." Based on the medical examiner's testimony that Paige died of brain injuries from being shaken Ware was convicted after a one-week trial and sentenced to life in prison. Melonie Ware filed a motion for a new trial based on ineffective assistance of counsel, which the trial judge granted. She was released on bail. The State appealed, and on November 5, 2007 the Georgia Supreme Court affirmed the grant of a new trial. (State v Ware, 653 SE 2d 21, 282 Ga. 676 (Ga: Sup. Ct. 11-5-2007)) Ware was acquitted on October 6, 2009 after a retrial. During her retrial she presented expert testimony that challenged the medical examiner's trial testimony. She served more than a year in prison between the time of her conviction and her acquittal."

Conviction Caused By:

Erroneous cause of death by the medical examiner.

Innocence Proved By:

"Ware was acquitted on October 6, 2009 after a retrial."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

31

Age When Released:

32

Sex:

Female

Skin/Ethnicity:

Black

Information Source 1:

"DeKalb woman acquitted in shaken baby death, By Ty Tagami (staff), The Atlanta Journal-Constitution, October 7, 2009"

Information Location 1:

http://www.ajc.com/news/dekalb/dekalb-woman-acquitted-in-157241.html

Information Source 2:

"State v Ware, 653 SE 2d 21, 282 Ga. 676 (Ga: Sup. Ct. 11-5-2007)"

Information Location 2:

Information Source 3:

"Shocking: How Faulty Science Lands Innocent People Behind Bars as Accused Child Murderers, PBS Frontline, NPR and ProPublica, June 28, 2011"

Information Location 3:

http://www.alternet.org/story/151455/shocking%3A_how_faulty_science_lands_innocent_people_behind_bars_as_accused_child_murderers/

Information Source 4:

"Woman guilty in child’s death, Atlanta Journal-Constitution, November 10, 2005"

Information Location 4:

Information Source 5:

Information Location 5:

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

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