Wrongly Convicted Database Record

Go to Database Search Page

Go to  Database Index Page

James Creamer


Years Imprisoned:

4

Charge:

First Degree Murder

Sentence:

Death

Year Convicted:

1973

Year Cleared:

1975

Location of Trial:

Georgia

Result:

Judicially Exonerated Released

Summary of Case:

Death Row Inmate. One of the Marietta Seven. James Creamer and his six codefendants were convicted for the May 1971 murder of two physicians during a robbery in Cobb County, Georgia. Creamer was sentenced to death and his six codefendants were sentenced to life in prison. The state's case was built on testimony provided by Deborah Ann Kidd, an accomplice/eyewitness under a grant of immunity. She testified that Creamer was the shooter. Kidd initially claimed to have been high on drugs and able to recall nothing. Through hypnosis, however, she recalled that Creamer had committed the murders. The Georgia Supreme Court unanimously upheld the convictions and sentences in 1974. In 1975 the Atlanta Constitution turned up evidence that the prosecution had withheld exculpatory evidence from the defense. The paper also discovered Kidd was romantically involved with one of the detectives assigned to the case. Mr. Creamer won a new trial in a federal habeas corpus proceeding. Tapes of the hypnotic sessions, which initially had been withheld from the defense, showed that Kidd at one point had confessed that she had killed the doctors. Kidd subsequently admitted lying in her trial testimony, and Billy Birt, a death-row inmate, confessed to committing the crime with two other men. The convictions of Creamer and his six-codefendants were overturned, the charges were dismissed, and they were released in 1975.

Conviction Caused By:

Perjury by police informant and prosecutorial misconduct of concealing exculpatory evidence.

Innocence Proved By:

Convictions overturned by a federal judge and charges dismissed after actual culprit was identified and confessed.

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Found?

Age When Imprisoned:

Age When Released:

Information Source 1:

“In Spite of Innocence: Erroneous Convictions in Capital Cases,” Michael L Radelet, HugoAdam Bedau, and Constance E. Putnam, Northeastern University Press, Boston, 1996 pb ed. with new forward, 298 ( © 1992).

Information Location 1:

Information Source 2:

“Miscarriages of Justice in Potentially Capital Cases,” Hugo Adam Bedau & Michael L. Radelet, Stanford Law Review, November, 1987, Vol. 40, p. 108.

Information Location 2:

http://www.deathpenaltyinfo.org/Innocentlist.html

Information Source 3:

James Creamer, Northwestern Law Center on Wrongful Convictions

Information Location 3:

http://www.law.northwestern.edu/wrongfulconvictions/exonerations/gaCreamerSummary.html

Information Source 4:

Marietta Seven, Wikipedia.org (last visited October 13, 2009)

Information Location 4:

http://en.wikipedia.org/wiki/Marietta_Seven

Information Source 5:

Information Location 5:

Ethnicity/Skin:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case:


Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org