Deaf man who pleaded guilty to iPad theft that didn't occur moves ahead in civil case
A homeless deaf man spent six weeks in prison last year before pleading guilty to a misdemeanor charge of theft over an iPad that reportedly had not, in fact, been taken from its owner. Now Abreham Zemedagegehu is one step closer to exoneration.
Although the Virginia criminal conviction still stands, another homeless man who initially accused Zemedagegehu of stealing his iPad later contacted authorities to say he was mistaken. Now the accuser has formally recanted in response to a civil lawsuit, the Associated Press reports.
Zemedagegehu is represented in the case, pro bono, by Larry Tanenbaum and other lawyers at Akin Gump Strauss Hauer & Feld. The firm is also pursuing litigation on Zemedagegehu’s behalf against the Arlington County sheriff, apparently under the Americans with Disabilities Act. The suit contends that the sheriff’s office failed to provide a sign-language interpreter as required during six weeks that Zemedagegehu spent in jail. Jail officials have said the facility followed appropriate procedures.
Zemedagegehu says he pleaded guilty because he wanted to get out of jail, and was promised that his sentence would be for time served. Zemedagegehu had attempted to have his criminal conviction overturned before, but was told by a judge that he had missed his window to challenge it, according to the AP.
“We are certainly considering the option of seeking to have the criminal conviction erased, but as for now Abreham is thrilled that his name has been cleared through this settlement,” said Tanenbaum of the recantation by his client’s former accuser, Robert Mason.
Theo Stamos serves as commonwealth attorney for Arlington County. She said the recantation is news to her and she needs to know more before commenting, the AP reports.
Related coverage:
ABAJournal.com: “Deaf man took plea in theft case over iPad that wasn’t stolen, due to lack of communication”
