|
Wrongly Convicted Database Record
|
Charge: |
Murder and Robbery |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
19 |
Year Crime: |
1980 |
Year Convicted: |
1983 |
Year Cleared: |
2001 |
U.S. State or Country of Crime: |
Massachusetts |
County or Region of Crime: |
Middlesex |
City of Crime: |
Ayer |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Kenneth Waters aka Kenny Waters was wrongly convicted in 1983 of the May 21, 1980 murder and robbery of Katharina Brow in Ayer, Massachusetts. Ms. Brow had been stabbed more than 30 times. Waters and his girlfriend, Brenda Marsh; and two of her children, one of whom Waters had fathered, lived in a house behind the mobile home. Waters had the alibi that at the time of the criem he was working the night shift at a local diner and then he had a court appearance the next morning for an unrelated matter. Two and a half-years after the murder the police were informed by the partner of Waters' ex-girlfriend that she allegedly told him that Waters confessed to murdering a woman. Waters was charged with Brow's murder and after his conviction he was sentenced to life in prison. He was exonerated in 2001 by DNA tests of blood evidence recovered from the crime scene that was discovered in the basement of the courthouse by his sister, Betty Anne Waters, who as a single parent had worked her way through law school so she could work as his lawyer to exonerate him. Kenneth Waters died on September 19, 2001, from complications related to a 15' fall on September 6, 2001, about six months after his exoneration. Betty Waters filed a federal civil rights suit on behalf of Kenneth Waters' estate against the City of Ayers, and its police department and some of its officers. On July 13, 2009 the suit was settled with five of the city's six insurers for $3.4 million. In September 2009 a federal judge awarded Waters $10.7 million under the suit, so the city's sixth insurer is liable for the balance of $7.3 million. Filming on a movie about the case starring Hilary Swank as Betty Anne Waters began in February 2009. The movie, 'Conviction,' was released to theaters in October 2010. It received mixed reviews." |
Conviction Caused By: |
|
Innocence Proved By: |
"DNA testing unavailable at the time of Kenneth Waters excluded him as the murderer, and his conviction was overturned and he was released in 2001." |
Defendant Aided By: |
Innocence Project NY |
Compensation Awarded: |
"$10.7 million total. $3.4 million (City of Ayers, July 2009) and $7.3 million (City of Ayers,, September 2009)" |
Was Perpetrator Identified? |
|
Age When Imprisoned: |
25 |
Age When Released: |
44 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Wrongful Murder Convictions in Massachusetts, March 22, 2006" |
Information Location 1: |
http://www.nodp.org/ma/mass_mistake.html |
Information Source 2: |
"Minnie Driver Joins Hilary Swank for Legal Drama ‘Betty Anne Waters’, MTV Movies Blog, January 27, 2009" |
Information Location 2: |
http://moviesblog.mtv.com/2009/01/27/minnie-driver-joins-hilary-swank-for-legal-drama-betty-anne-waters/ |
Information Source 3: |
"Ayer to pay $3.4m for unjust conviction, By Jonathan Saltzman (staff writer), Boston Globe, July 15, 2009" |
Information Location 3: |
http://www.boston.com/news/local/massachusetts/articles/2009/07/15/ayer_settles_wrongful_imprisonment_lawsuit_for_34m/ |
Information Source 4: |
"Lawyer Who Got JD to Represent Brother Wins 10.7M in Wrongful Conviction Case, By Martha Neil, ABA Journal, September 18, 2009" |
Information Location 4: |
http://www.abajournal.com/news/lawyer_who_got_jd_to_represent_brother_wins_10.7m_in_wrongful_conviction_ca/ |
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
"Conviction' Executive Producer Hilary Swank, Directed by Tony Goodwyn (Released to theaters October 2010)" |
Comments About Case: |
http://moviesblog.mtv.com/2009/01/27/minnie-driver-joins-hilary-swank-for-legal-drama-betty-anne-waters/ |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org