Wrongly Convicted Database Record

 

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Jeffrey Harris Wilensky

 

Charge:

Patronizing prostitute

Sentence:

Years Imprisoned:

Year Crime:

2015

Year Convicted:

2015

Year Cleared:

2016

U.S. State or Country of Crime:

Minnesota

County or Region of Crime:

St. Louis

City of Crime:

Hermantown

Result:

Judicially Exonerated

Summary of Case:

"Jeffrey Harris Wilensky was wrongly convicted in September 2015 of the gross misdemeanor of patronizing a prostitute in a public place in Hermantown, Minnesota on March 18, 2015. Wilensky responded to an erotic advertisement by going to the Econolodge Motel in Hermantown. There were two undercover police officers present who were involved in a sting operation. Wilensky said that he wanted a "body rub" that he only had $85, and he said "No" when the policewomen asked him if he brought condoms. He was arrested. Wilensky waived his right to a jury trial, and he was convicted after a bench (judge only) trial based on facts stipulated by Wilensky's lawyer and the prosecution. After his conviction, the judge denied Wilensky's motion for a judgment of acquittal. Wilensky appealed, arguing that he only wanted a "body rub," not an act of prostitution. On June 13, 2016 the Minnesota Court of Appeals reversed Wilensky's conviction on the basis the prosecution failed to introduce sufficient evidence to prove beyond a reasonable doubt that he agreed or offered to engage in sexual contact or penetration. On June 13, 2016 the Minnesota Court of Appeals reversed Wilensky's conviction on the basis the prosecution failed to introduce sufficient evidence to prove beyond a reasonable doubt that he agreed or offered to engage in sexual contact or penetration. The Court stated taht Wilensky's "... statement is far too indefinite to establish beyond a reasonable doubt that appellant intended to agree to or make an offer of sexual contact.""

Conviction Caused By:

Innocence Proved By:

"On June 13, 2016 the Minnesota Court of Appeals reversed Wilensky's conviction on the basis the prosecution failed to introduce sufficient evidence to prove beyond a reasonable doubt that he agreed or offered to engage in sexual contact or penetration."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State of Minnesota vs. Jeffrey Harris Wilensky, No. A15-1545 (Minn. Ct. of Appeals, 6-13-2016) (Reversed conviction)"

Information Location 1:

http://www.mncourts.gov/mncourtsgov/media/Appellate/Court%20of%20Appeals/Standard%20opinions/OPa151545-061316.pdf

Information Source 2:

"Appeals court overturns man's prostitution conviction, By Tom Olsen, Duluth News Tribune, June 13, 2016"

Information Location 2:

http://www.duluthnewstribune.com/news/4053845-appeals-court-overturns-mans-prostitution-conviction

Information Source 3:

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

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