Kelvin Wiley v. County of San Diego
Published: Jun. 11, 1994 | Result Date: May 16, 1994 | Filing Date: Jan. 1, 1900 |Case number: 659219 – $250,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Milton J. Silverman
(technical)
Defendant
Peter Keane
(technical)
Facts
On September 23, 1990, Plaintiff Kelvin Wiley, a 29-year-old computer technician, was convicted of battery with serious bodily injury. Wiley was an African-American with no prior convictions. He was sentenced to 4 years in state prison for the alleged battery on his ex-girlfriend who was Caucasian. Throughout the underlying trial, Wiley maintained innocence of the crime; and claimed that he was home alone at the time of the attack. Plaintiff's conviction was overturned 18 months later at a habeas corpus hearing, after the victim's son recanted his testimony which had placed Wiley at the scene. A local newspaper reporter had also found several witnesses who refuted the ex-girlfriend's testimony. Plaintiff claims his attorney, San Diego public defender John Jimenez, never contacted these witnesses. The County of San Diego was named as Defendant.
Settlement Discussions
Plaintiff contends that they demanded $300,000, and that Defendant made no offer.
Specials in Evidence
$45,000
Damages
Lost wages for 18 months in prison; pain and suffering for wrongful conviction and imprisonment.
Injuries
Emotional distress.
Other Information
Before deliberations, the Court instructed the jury that the evidence was insufficient as to Plaintiff's guilt.
Deliberation
5 days
Poll
9-3
Length
3 weeks
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