Tag: Jimmie Gardner

Baseball Player Settles Wrongful Conviction Lawsuit After 25 Years in Prison

A former minor league baseball player in West Virginia who spent more than 25 years in prison has reached a $175,000 wrongful conviction settlement with the city of Charleston.

News outlets report the city agreed to pay the amount to 52-year-old Jimmie Gardner, an ex-member of the Charleston Wheelers who filed a wrongful conviction lawsuit in the 1987 case. Gardner served more than two decades in prison for a sexual assault conviction, before his sentence was vacated.

A judge in 2016 overturned Gardner’s convictions of sexual assault and burglary. The judge said the trial had been tainted by false testimony from then-state police forensic serologist, Fred Zain, whose discredited work resulted in millions of dollars paid to wrongfully convicted defendants.

Prosecutors later said they were dropping charges against Gardner because their case wasn’t strong enough to present to a jury.

Charges Dropped After 1990 Conviction of Ex-Athlete Vacated

A former Charleston professional baseball player who was convicted in a 1987 sexual assault case but had his sentence vacated earlier this year will not have to stand trial again.

Prosecutors said at a Wednesday hearing that they were dropping charges against 50-year-old Jimmie Gardner because their case wasn’t strong enough to present to a jury.

A judge in March overturned Gardner’s 1990 convictions of sexual assault and burglary. The judge said the trial had been tainted by false testimony from then-state police forensic serologist Fred Zain, whose discredited work resulted in millions of dollars paid to wrongfully convicted defendants.

Gardner had served more than 25 years of his 33- to 110-year prison sentence by the time he was released on bond in April.

Ex-Baseball Player Released from Prison, to be Tried Again

A former Charleston Wheelers baseball player convicted in a 1987 sexual assault case whose sentence was recently vacated has been released from prison, but his freedom remains uncertain.

Forty-nine-year-old Jimmie Gardner was released on bond Friday, after serving over 25 years in prison. Gardner was convicted in 1990 of sexually assaulting a Kanawha City woman and beating her mother. He was sentenced to 33 to 110 years in prison.

A judge vacated Gardner’s sentence last month, based on false testimony given by former state police forensic serologist Fred Zain, whose discredited work resulted in millions of dollars paid to wrongfully convicted defendants.

However, prosecutors said Friday that they will try Gardner again, citing fingerprint evidence against him. A new trial date has been set for May 16.

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