Legal Question in Civil Litigation in Ohio
Wrongful Imprisonment
*I served 8 years in prison (after two trials) for attempted rape of a ten year old girl who was unknown to me previous to the case. No physical evidence, only testimony of this child, impicated me. Evidence left by the real assailant, fingerprints and a small semen stain, did NOT match me.
*Today's technology can rule me out AND possibly identify the real assailant.I wish to pursue a civil case for wrongful imprisonment based on those two pieces of evidence. I am currently paying a child support arrearage for those years and have a bi-annual review on January 24th. Prior to my incarceration I had custody of my children. I intend to file a motion asking the court to provide access to the evidence in an attempt to prove wrongful imprisonment. My argument is that I was involuntarily imprisoned and since I had committed no crime do not owe child support for that period. My question(s) are - can a civil case for wrongful imprisonment, predicated on new evidence, by effective without overturning the criminal conviction, and, does my motion have credence in domestic court.
1 Answer from Attorneys
Re: Wrongful Imprisonment
I honestly do not know the answer to your question, but if you are anywhere near Cleveland, I would be glad to take you to an attorney who is thoroughly experienced in the area of wrongful imprisonment.
You certainly need a lawfirm that's big enough to front the expense of DNA testing.
On the domestic issue, I do not practice in that area, but I have a close friend that does, and will gladly answer that for you.
Please feel free to call me directly:
Joe Jacobs
216-952-1990
216-227-0900
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