Danny Wilber Exonerated after 18 years
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For 17 years and 10 months, Danny Wilber, a black and native man (tribal member of the Oneida Nation of Wisconsin), languished in prison on a wrongful conviction for a homicide he did not commit! In June 2005, he was sentenced to life in prison for 1st Degree Intentional Homicide all while the physical evidence proved his innocence. The state of Wisconsin has robbed him of his prime years, unimaginable opportunities, and the experiences of being a Dad to his daughter. On top of having all that time stolen from him, he still owes $48,000 in attorney fees.
On December 20, 2021, the Milwaukee Circuit Court vacated the conviction and ordered a bail of $10,000 with no restrictions. Two days later, Danny stepped out of the Milwaukee County Jail, able to walk outside without chains and cuffs for the first time in nearly 18 years.
All charges were dismissed and he was exonerated on May 27, 2022!!!
December 2021, Danny and his mom, Sandy.
6,672 Days
6 Courts
13 Judges
7 Attorneys
4 investigators
3 Experts
$200,000+ in legal expenses
From the day he was arrested in 2004, Danny instantly began fighting his case and stead-fastly maintained his innocence. While in a maximum security prison, he studied caselaw, drafted court documents, and researched legal procedures like his life depended on it. In 2010, from solitary confinement, Danny hand-wrote a 2254 Petition for Writ of Habeas Corpus with the Eastern District of Wisconsin to discharge him from prison based upon violations of his constitutional rights, insufficient evidence, and ineffective assistance of counsel.
In 2017, we were able to get the Attorney that every inmate in Wisconsin wants: Mr. Robert Henak. His exceptional and incomparable representation and fight is reason why Danny is free. Attorney Henak represented Danny in the Wisconsin Court of Appeals, Eastern District of Wisconsin, Seventh Circuit Court of Appeals, and the Supreme Court of the United States.
Danny and Lacey Kinnart, his partner.
On August 4, 2020, WE WON - Judge Griesbach granted his 2254 habeas petition and ordered that Danny be released or retried within 90 days. The State of Wisconsin filed an appeal to the Seventh Circuit Court of Appeals and they lost that appeal on October 29, 2021. Then on January 26, 2022, the AAG filed a meritless petition to the Supreme Court of the United States and they denied review of her petition on April 4, 2022.
Danny has invested an unimaginable amount of hours immersed in law and has helped several people while he was in prison and since he has been out. He continues to assist other wrongfully incarcerated men with their cases and plans to further his studies in law. He will continue to be an advocate for those that are wrongfully convicted in Wisconsin who lacks the necessary resources to right a wrongful conviction in a system that is already stacked against us. While in prison, Danny wrote a book titled Mixed Consciousness, and will be working on publishing that while also putting his incredible story down in writing into a Memoir.
April 2018 Danny graduating from Morraine Park College with cousin Darnell Wilber, partner Lacey Kinnart, daughter Myanah, neice Yasmiean Tatum, mother Sandy Wilber and member of the Wisconsin State Assembly David Bowen.
Danny not only needs financial support to care for his basic needs, but also still owes $50,000 in legal expenses. Danny has suffered an unimaginable atrocity and he fought for his freedom with no help from any organization, media, or innocence project. Today, he needs your help.
Danny has faced many hurdles adjusting to life outside of prison all while there are very limited services out there in support of the wrongfully convicted people that are released. Your donation is the start to Danny Wilber's journey to success.
Please donate today to help Danny Wilber pay off his legal expenses which will remove that burden so he can establish himself in a completely different world than when he was wrongfully incarcerated in 2004. Any amount, big and small, will help and are truly grateful for your assistance and support.
For more information regarding the unconstitutional conviction Danny suffered, please read articles here:
https://www.nativeamericacalling.com/tuesday-july-12-2022-serving-18-years-for-a-crime-he-didnt-commit/
https://www.wisconsinappeals.net/on-point-by-the-wisconsin-state-public-defender/court-of-appeals-sacks-newly-discovered-evidence-and-other-claims-to-affirm-homicide-conviction/?hilite=%27danny%27%2C%27wilber%27
https://www.wisconsinappeals.net/on-point-by-the-wisconsin-state-public-defender/defendant-forced-to-wear-visible-restraints-during-closing-arguments-wins-habeas-relief/
https://www.wjiinc.org/blog/judge-orders-retrial-or-freedom-for-man-visibly-shacked-to-a-wheelchair-in-front-of-jury
https://www.wisconsinappeals.net/on-point-by-the-wisconsin-state-public-defender/defense-win-seventh-circuit-affirms-grant-of-habeas-relief-due-to-use-of-visible-restraints-at-trial/
https://news.bloomberglaw.com/us-law-week/defendant-visibly-restrained-in-wheelchair-by-judge-gets-redo
https://www.chicagolawbulletin.com/retrial-or-release-ordered-for-man-shackled-during-trial-20211102
https://www.wislawnow.com/2021/12/failure-to-justify-defendants-visible-shackling-violated-fourteenth-amendment/#more-51510
Danny Wilber waiting for the elevator at the Milwaukee County Jail - December 22, 2021
Danny and his Mom, Sandy Wilber, embrace for the first time outside of prison walls in nearly 18 years.
Organizer
Lacey Kinnart
Organizer
Escanaba, MI