Wrongly Convicted Database Record

 

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Tyler Smith Waters

 

Charge:

Harassment criminal (incl. Aggravated)

Sentence:

2 years

Years Imprisoned:

1

Year Crime:

2009

Year Convicted:

2011

Year Cleared:

2013

U.S. State or Country of Crime:

Vermont

County or Region of Crime:

Windham

City of Crime:

Brattleboro

Result:

Judicially Exonerated

Summary of Case:

"Tyler Smith Waters was wrongly convicted in 2011 of violating the abuse-prevention order obtained by his former partner with whom he had a child by sending her 37 texts in a 30 day period of time in 2009. The order specifically allowed Waters to have telpehone contact with his former partner. At the close of the prosecution's case Waters made a motion for a judgment of acquittal based on the failure of the prosecution to introduce evidence Waters' telephone text messages constituted "abusing, threatening, stalking, or harassing" behavior as prohibited by the order, and that even his former partner testified describing his "behavior as irritating rather than annoying," and consequently his conduct wasn't a violation of the abuse-prevention order. Waters motion was denied. After the jury convicted Waters he was sentenced to two years in prison. Waters appealed. On November 15, 2013 the Vermont Supreme Court ruled the trial judge erred denying Waters motion because his conduct did constitute a violation of the abuse-prevention order, and ordered that a judgment of acquittal be entered by the lower court on remand. At the time the Court issued its ruling Waters had completed his sentence."

Conviction Caused By:

The trial judge prejudicially erred denying Tyler Smith Waters motion for a judgment of acquittal.

Innocence Proved By:

"On November 15, 2013 the Vermont Supreme Court ruled the trial judge erred denying Waters motion because his conduct did constitute a violation of the abuse-prevention order, and ordered that a judgment of acquittal be entered by the lower court on remand."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State of Vermont v. Tyler Smith Waters, 2013 VT 109 (VT Sup Ct., 11-15-2013)"

Information Location 1:

http://info.libraries.vermont.gov/supct/current/op2011-319.html

Information Source 2:

"Texts, harassment at issue in local case, By Mike Faher (Reformer Staff), Brattleboro Reformer (Brattleboro, Vermont), November 19, 2013"

Information Location 2:

http://www.reformer.com/localnews/ci_24550689/texts-harassment-at-issue-local-case

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

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