|
Wrongly Convicted Database Record
|
Charge: |
Firearm possession (including sale) |
Sentence: |
15 years |
Years Imprisoned: |
2.67 |
Year Crime: |
2010 |
Year Convicted: |
2013 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Illinois - Federal Case |
County or Region of Crime: |
Cook |
City of Crime: |
Chicago |
Result: |
Judicially Exonerated |
Summary of Case: |
"Antonio West was wrongly convicted in 2013 of the federal charge of being a felon in possession of a firearm. West's apartment in Chicago, Illinois was searched on June 3, 2010 by Chicago police looking for a stolen televion, who obtained West's consent to search and a waiver of his Miranda rights. The police found and seized an M-1 carbine. West was indicted by a federal grand jury in January 2011 of being a felon in possession of a firearm. His federal public defender made a motion to suppress the carbine evidence and his statements to police on the basis West's constitutional rights were violated because he has a low IQ, is mentally ill, and he scored high on the Gudjonsson Suggestibility Scale, and hence he didn't have the mental capability to knowingly and intelligently waive his Miranda right to remain silent and consent to a search. During the suppression hearing held on December 11, 2012 and January 15, 2013 an officer testified that "West did not appear to be confused, intoxicated, or otherwise unaware or uncomprehending of his circumstances" when he waived his Miranda rights and consented to a search, and that he voluntarily showed him where the rifle was and that he admitted his ownership. Two experts testified. "Dr. Ron Nieberding, a forensic psychologist with the Federal Bureau of Prisons, examined West in an effort to determine whether West was competent to waive his Miranda rights. Dr. Nieberding concluded that "information provided by the defendant suggested that he did not understand the content of the form he signed, nor was this information explained to him .... Dr. Stephen Dinwiddie, Director, Division of Forensic Psychiatry and Law at Northwestern Medical Faculty Foundation, also testified at the hearing on West's behalf." Dr. Dinwiddie testified "it was likely Mr. West could have knowingly, intelligently and voluntarily waived his Miranda rights. Incongruously, Dr. Dinwiddie then offered that opinion that "it is highly unlikely that [West] was able to understand the consent to search or comprehend what rights he was relinquishing by signing such a document."" (U.S. v. West, No. 11 CR 61 (USDC ND Ill. 2013) U. S. District Court Judge Charles P. Kocoras denied West's suppression motion, and also precluded West from calling, during his trial, Dr. Dinwiddie as an expert about West's mental disability. During West's trial the prosecution relied on police testimony that West confessed to ownership of the rifle. After the jury convicted West following a one day trial, he was sentenced to 15 years in prison. West appealed, On December 30, 2015 the U.S. Seventh Circuit Court of Appeals reversed West's conviction and ordered a retrial on the basis the judge erred in refusing to allow Dr. Dinwiddie to testify about West's mental condition, because "The reliability of a confession is a factual question for the jury, and the expert's testimony was relevant and admissible on that issue." (US v. West, No. 14-2514 (7th Cir. 2015)) The U.S. Attorney's Office declined to retry West, and their motion to indictment the charge was granted on April 12, 2016, and West was released later that day from federal prison." |
Conviction Caused By: |
Trial judge erred in disallowing West's expert testimony. |
Innocence Proved By: |
"On December 30, 2015 the U.S. Seventh Circuit Court of Appeals reversed West's conviction and ordered a retrial on the basis the judge erred in refusing to allow Dr. Dinwiddie to testify about West's mental condition, because "The reliability of a confession is a factual question for the jury, and the expert's testimony was relevant and admissible on that issue." (US v. West, No. 14-2514 (7th Cir. 2015)) The U.S. Attorney's Office declined to retry West, and their motion to indictment the charge was granted on April 12, 2016, and West was released later that day from federal prison." |
Defendant Aided By: |
|
Compensation Awarded: |
|
Was Perpetrator Identified? |
|
Age When Imprisoned: |
50 |
Age When Released: |
53 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"US v. West, No. 14-2514 (7th Cir. 2015) (Reversing conviction based on the basis the trial judge erred in excluding expert testimony that West was no competent to knowingly and voluntarily waive his Miranda rights or consent to a search of his apartment.)" |
Information Location 1: |
"https://scholar.google.com/scholar_case?case=10665065403180512850&q=antonio+west&hl=en&as_sdt=4,112,127,268,269,270,271,272,314,315,331,332,333,334,335,377,378" |
Information Source 2: |
"US v. West, No. 11 CR 61 (USDC ND Ill. 6-6-2013) (Denying suppression motion.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=878793841319953869&q=antonio+west&hl=en&as_sdt=4,112,127,268,269,270,271,272,314,315,331,332,333,334,335,377,378" |
Information Source 3: |
|
Information Location 3: |
|
Information Source 4: |
|
Information Location 4: |
|
Information Source 5: |
|
Information Location 5: |
|
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org