Wrongly Convicted Database Record
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Charge: |
Child/Minor Sex Abuse (incl. molestation) |
Sentence: |
42 years |
Years Imprisoned: |
14 |
Year Crime: |
1982 |
Year Convicted: |
1985 |
Year Cleared: |
2005 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Kern |
City of Crime: |
Bakersfield |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Howard Lee Weimer was wrongly convicted in 1985 of child molestation in Bakersfield, California and sentenced to 42 years in prison. Howard Weimer was released from prison on January 7, 1998 after a U.S. District Court Magistrate Judge recommended in 1997 that his conviction be overturned. Weimer's conviction was vacated in 2004 by U.S. District Judge Oliver Wanger who ruled Weimer's due process rights were violated because of ineffective defense counsel, unreliable witnesses and overzealous prosecutors. The charges were subsequently dismissed against Weimer. Weimer filed a federal civil rights lawsuit in August 2006 that named numerous defendants. He settled that lawsuit for $385,000 with Kern County." |
Conviction Caused By: |
"Ineffective defense counsel, unreliable witnesses, and overzealous prosecutors." |
Innocence Proved By: |
"Howard Weimer was released from prison in 1998 after a U.S. District Court Magistrate Judge recommended in 1997 that his conviction be overturned. Weimer's conviction was vacated in 2004 by U.S. District Judge Oliver Wanger, and the charges were subsequently dismissed against Weimer." |
Defendant Aided By: |
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Compensation Awarded: |
"$385,000 (Kern County, 2013)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
59 |
Age When Released: |
74 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Civil lawsuit filed against county, By Jessica Logan (staff writer), The Bakersfield Californian, August 16, 2006" |
Information Location 1: |
http://www.bakersfieldcalifornian.com/local/x746480683/Civil-lawsuit-filed-against-county |
Information Source 2: |
"Kern County settles last of molestation conviction lawsuits, By Lois Henry (staff writer), The Bakersfield Californian, March 25, 2013" |
Information Location 2: |
http://www.bakersfieldcalifornian.com/local/x365558195/County-settles-last-of-molestation-conviction-lawsuits |
Information Source 3: |
"Convicted Molester Goes Home; Kern County Man To Continue Appeals After Gaining Freedom, By Associated Press, Daily News (Los Angeles, CA), January 10, 1998" |
Information Location 3: |
http://www.thefreelibrary.com/CONVICTED+MOLESTER+GOES+HOME%3B+KERN+COUNTY+MAN+TO+CONTINUE+APPEALS...-a083807758 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org