What is the longest time an American citizen has been held in pre-trial detention for the same offense or offenses without being convicted?
Top Answers
Dougherty County, Georgia—more than 10 years
Maurice Jimmerson was arrested on 20 March 2013 on charges of felony murder and more in connection with the deaths of William Davis, Jr. and Desmond Williams. Jimmerson has pled not guilty. Since the arrests, two other defendants arrested in connection with their deaths have been found not guilty of 26 counts each in trials by jury.
Jimmerson, however, has yet to see his day in court. Instead, he has spent more than a decade of his life behind bars while legally considered innocent of the crimes of which he is accused. For about 8 months of that time, he didn't even have legal representation thanks to government foul ups.
Under the United States Constitution as well as Georgia's statutes, anyone accused of a crime has the right to a speedy trial. As of May 2023, attorney Andrew Fleischman is representing him pro bono, asking the court to dismiss the case against Jimmerson for this egregious speedy trial violation.
References:
- This man has been in pretrial detention for 10 years. Why?, Atlanta News First, 2 June 2023
"Fleischman said based on his research, Jimmerson has been held in pretrial detention awaiting trial longer than anyone else in American history. He said his client’s case is a clear violation of the Sixth Amendment of the U.S. Constitution, which guarantees everyone accused of a crime the right to a speedy trial.“We should not punish people until we’ve proven they’ve committed a crime,” Fleischman said."
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He Spent a Decade in Jail Without Being Convicted. Now His Lawyer Says His Case Should Be Dismissed., Reason, 2 June 2023
""You talk about getting hostages out of other countries like North Korea or Iran," says Fleischman. "And the average time is six years. We talk about those countries having failed puppet justice systems with no expectation of due process. And yet we have Americans in this country waiting 10 years for an opportunity to force the state to prove its case. And that to me is outrageous."" -
Why has this Georgia man been behind bars for 10 years awaiting trial?, Atlanta News First, 1 May 2023
King County, Washington—nearly 9 years
Between the 2008 death of Arpana Jinaga and his final trial by jury in 2019, Emanuel Fair reportedly spent 9 years behind bars without being convicted of the murder of or any other crimes related to Jinaga for which he was being held. It was not until 2017 that he had his first jury trial, which ended with the jury deadlocked. In his second trial by jury in 2019, he was found not guilty.
According to news stories, Fair was booked into jail in November of 2010 and found not guilty on 11 June 2019. His loved ones were unable to get him out of pre-trial detention because they could not afford the high bail that was set.
References:
- Man Jailed for 9 Years Sues King County, Redmond after Acquittal in Killing, The Seattle Times, 4 January 2022
"At one time, Emanuel Fair was the longest-serving inmate in the King County Jail, spending nine years behind bars without being convicted of a crime.
All the while, Fair, whose family was unable to foot his seven-figure bail, said he had faith he would one day walk away free from a charge alleging he murdered Arpana Jinaga, 24, in her Redmond apartment after a Halloween party in 2008."
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After Nearly 11 Years and Two Trials, Killing of Redmond Woman Who Had Been ‘Living Her Dream’ Remains Unsolved, The Seattle Times, 14 June 2019
"Fair, the second-longest-serving inmate in the downtown Seattle facility after being booked into jail in November 2010, was released Tuesday afternoon, three hours after the jury delivered its not-guilty verdict, according to a jail spokeswoman.
“After nine years of fighting, Emanuel Fair has the freedom he deserves. Emanuel has steadfastly maintained his innocence throughout this case and he, his family, and friends are greatly relieved that justice was served by his acquittal,” defense attorney Benjamin Goldsmith wrote in an email Friday."
