Wrongly Convicted Database Record
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Charge: |
Sexual Assault and Robbery |
Sentence: |
40 to 60 yrs |
Years Imprisoned: |
9 |
Year Crime: |
1994 |
Year Convicted: |
1994 |
Year Cleared: |
2003 |
U.S. State or Country of Crime: |
Michigan |
County or Region of Crime: |
Macomb |
City of Crime: |
Clinton |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Kenneth Wyniemko was wrongly convicted in 1994 of multiple counts of criminal sexual conduct, armed robbery, breaking and entering based on the eyewitness identification by the victim. Sentenced to 40 to 60 years in prison. After DNA testing excluded Ken Wyniemko as the rapist, he was released in June 2003 after nine years of wrongful imprisonment. A federal civil rights lawsuit against Clinton Township was settled in September 2005 for $3.7 million total compensation -- a lump sum payment of $1.8 million plus $6,409 per month for 20 years to be paid to Kenneth Wyniemko, or if he dies, to his heirs. In May 2008 DNA testing identified the actual perpetrator of the crime, and on August 22, 2008 the Macomb County DA announced that they believed the man was the rapist, but he couldn't be charged because the statute of limitations had expired." |
Conviction Caused By: |
Erroneous eyewitness testimony. |
Innocence Proved By: |
DNA testing excluded Wyniemko as the rapist. |
Defendant Aided By: |
Innocence Project NY |
Compensation Awarded: |
"$3.7 million (Clinton Township, Sept. 2005)" |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
43 |
Age When Released: |
52 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Freed man to get 3.7 million, David Ashenfelter, Detroit Free Press, November 29, 2005" |
Information Location 1: |
http://www.freep.com/apps/pbcs.dll/article?AID=/20051129/NEWS04/511290388/1006 |
Information Source 2: |
Innocence Project Database |
Information Location 2: |
http://www.innocenceproject.org/case/display_profile.php?id=132 |
Information Source 3: |
"Dna links inmate to rape, By Gordon Wilczynski (staff writer), The Macomb Daily (Macomb County, MI), June 29, 2008" |
Information Location 3: |
http://www.macombdaily.com/stories/062908/loc_local03.shtml |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org