Wrongly Convicted Database Record
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Charge: |
Money Laundering |
Sentence: |
Exonerated After Conviction But Prior to Sentencing |
Years Imprisoned: |
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Year Crime: |
1993 |
Year Convicted: |
1994 |
Year Cleared: |
1994 |
U.S. State or Country of Crime: |
Alabama - Federal Case |
County or Region of Crime: |
Jefferson |
City of Crime: |
Homewood |
Result: |
Judicially Exonerated |
Summary of Case: |
"Diane M. Burlingame, Forrest E. Waters, Jr. and Marlon Ford Waters were codefendants wrongly convicted of extortion, racketeering & threats in federal court in Birmingham, Alabama. The Waters owned a construction company, and Burlingame was their secretary. Their prosecution was based on the allegation that they illegally obtained $8,000 under an extortion threat made to a subcontractor on a multifamily residential complex called Wildforest being developed by the Waters' company in Homewood, Alabama. After the jury found them guilty, the Waters and Burlingame filed a Federal Rule 29 (Federal Rules of Criminal Procedure) for a directed verdict of acquittal based on the prosecution's failure to present sufficient evidence of their guilt. On April 22, 1994 U.S. District Court Judge William M Acker, Jr. granted the motions for all three defendants, ordered their acquittal and the dismissal of their indictments on the basis the prosecution failed to introduce sufficient evidence of their guilt. The government appealed Judge Acker's ruling regarding the Waters. On September 7, 1994 the US Court of Appeals dismissed the governments appeals." |
Conviction Caused By: |
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Innocence Proved By: |
"On April 22, 1994 U.S. District Court Judge William M Acker, Jr. granted the motions for all three defendants, ordered their acquittal and the dismissal of their indictments on the basis the prosecution failed to introduce sufficient evidence of their guilt. The government appealed Judge Acker's ruling regarding the Waters. On September 7, 1994 the US Court of Appeals dismissed the governments appeals." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"U.S. v. Waters, et. al, 850 F. Supp. 1550 (N.D.Ala. 1994) " |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=2736453222999025463&q=United+States+v.+Waters,+850+F.+Supp.+1550&hl=en&as_sdt=6,48" |
Information Source 2: |
"U.S. v. Waters, et. al, No. 2:93-cr-00295-WMA-RRA (N.D.Ala., Southern Div.) (Docket)" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org