Wrongly Convicted Database Record
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Charge: |
Second Degree Murder |
Sentence: |
20 yrs |
Years Imprisoned: |
10 |
Year Crime: |
2000 |
Year Convicted: |
2002 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
Arizona |
County or Region of Crime: |
Maricopa |
City of Crime: |
Phoenix |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Drayton Witt was wrongly convicted on February 26, 2002 of murdering his wife's five-month-old son in 2000 after a doctor determined he died from Shaken Baby Syndrome (SBS). Witt was sentenced to 20 years in prison for his conviction of second-degree murder. The baby's mother married him in 2006 while he was imprisoned. In 2008 the Arizona Justice Project began investigating Witt's case and eventually obtained new evidence by eight experts that the baby died from natural causes. Those experts included the prosecution's own expert at trial, Dr. A. L. Mosley, who performed the autopsy and testified at trial that the baby died from SBS. Mosley's sworn Affidavit states, "If I were to testify today, I would state that I believe Stevens death was likely the result of a natural disease process, not SBS." Based on the new medical evidence Witt filed a motion for a new trial which the Maricopa County District Attorneys Office didn't oppose and which was granted on May 1, 2012. Witt was released on bail on May 31, 2012 pending the DA's review of the case to determine if Witt would be retried. On October 29, 2012 the charges against Witt were dismissed." |
Conviction Caused By: |
Erroneous expert medical testimony that the baby died from SBS. |
Innocence Proved By: |
"Based on the new medical evidence Witt filed a motion for a new trial which the Maricopa County District Attorneys Office didn't oppose and which was granted on May 1, 2012. Witt was released on bail on May 31, 2012 pending the DA's review of the case to determine if Witt would be retried. On October 29, 2012 the charges against Witt were dismissed." |
Defendant Aided By: |
Arizona Justice Project |
Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
22 |
Age When Released: |
32 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Drayton Witt, The National Registry of Exonerations" |
Information Location 1: |
http://www.law.umich.edu/special/exoneration/pages/casedetail.aspx?caseid=4043 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org