Wrongly Convicted Database Record

 

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Franklin D. Wilmoth

 

Charge:

Sexual imposition

Sentence:

3 years

Years Imprisoned:

1.42

Year Crime:

1993

Year Convicted:

1994

Year Cleared:

1996

U.S. State or Country of Crime:

Ohio

County or Region of Crime:

Portage

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Franklin D. Wilmoth was wrongly convicted on April 13, 1994 of two counts of gross sexual imposition and one count of patient abuse. Wilmoth waived his right to a jury trial. After his conviction following a bench (judge only) trial, Franklin Wilmoth was sentenced to two consecutive 18 month prison terms for his gross sexual imposition convictions and a concurrent six month sentence for patient abuse. Wilmoth was incarcerated from March 14, 1994 to August 5, 1995. On June 12, 1996 Wilmoth's convictions were reversed by the Portage County Court of Common Pleas based on new evidence. On July 8, 2002 the Portage County Court of Common Pleas issued it judgment that Wilmoth was a wrongfully imprisoned person under Ohio Revised Code 2743.48. On February 22, 2002 Wilmoth filed a complaint with the Ohio Court of Claims seeking wrongful imprisonment compensation. On July 8, 2003 the Ohio Court of Claims entered a judgment against the State of Ohio in favor of Wilmoth and awarded him compensation of $111,934.20 ($56,242 for 509 days of imprisonment; $15,000 for lost wages; $32,875.20 for attorney fees and costs associated with Wilmoth's criminal proceedings and appeals; and, $7,817 for attorney's fees related to his wrongful imprisonment action)."

Conviction Caused By:

Innocence Proved By:

"On June 12, 1996 Wilmoth's convictions were reversed by the Portage County Court of Common Pleas based on new evidence."

Defendant Aided By:

Compensation Awarded:

"$111,934.20 (State of Ohio, 7-8-2003)"

Was Perpetrator Identified?

Age When Imprisoned:

52

Age When Released:

53

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Franklin D. Wilmoth v. State of Ohio, No. 2002-02540 WI (Ohio Court of Claims, 7/8/2003 (Granting judgment of $111,934.20)"

Information Location 1:

http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/casedetail.htm?caseno=200202540

Information Source 2:

"Franklin D. Wilmoth v. State of Ohio, No. 2002-02540 WI (Ohio Court of Claims, 7/8/2003 (Stipulation of Facts)"

Information Location 2:

http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=030708000808865&Seq=1

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

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