Innocence Story

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From Conviction to Exoneration

This is the story of a how an innocent man was convicted––and then exonerated––of first degree murder. I was his appellate lawyer.

I believe there is a lesson to be learned from how unlucky he was to get convicted. And from how lucky he was to be freed––despite being completely innocent.

This is the story of the case of Charles Wilhite.

The first two shots fired at the victim go through the car’s driver’s side opera window

The Massachusetts State Police ballistics expert believed that the first two shots went through the car’s driver’s side opera window. He testified that in his opinion the first shot broke the window and the second shot went through the broken window.

The photo above shows a trajectory rod for the second shot going through the broken, driver’s side opera window.

The two bullets that went through the driver’s side opera window hit the driver’s seat––and one of the bullets kills the victim

The bullet that hit the left headrest post in the above-picture richocheted almost directly downward. The other bullet hole––the one in the center of the seat about an inch below the top of the seat––was the bullet that struck and ultimately killed the victim.