| Chester Bauer | Incident Date: 12/31/69 Jurisdiction: MT Charge: Rape, Assault Conviction: Rape, Agg. Assault w/ Weapon Sentence: 30 Years |
Year of Conviction: 1983 Exoneration Year: 1997 Sentence Served: 9 Years Real perpetrator found? Not Yet Contributing Causes: Eyewitness Misidentification, Unreliable/Limited Science Compensation? Not Yet |
Chester Bauer was convicted in 1983 of rape and aggravated assault. The state's theory was that he had previously been to the victim's home to sell a boat or car. He allegedly came back to get the decision. While in the house, he allegedly raped the victim at knife point in her bedroom. In 1983, Bauer was charged with and convicted of sexual intercourse without consent and aggravated assault. Bauer was sentenced to a term of twenty years in the Montana State Prison for the first charge and a term of ten years for the second charge, to be served concurrently. Bauer's sentence for sexual intercourse without consent was also enhanced with a ten-year term for the use of a weapon, to be served consecutively to the other sentences.
Bauer was convicted based on the identification made by the victim and her husband. A criminalist testified at trial that hairs were found that matched Bauer's. The hair evidence had been collected from the victim's bedding, but the number of hairs was miscounted and it was later revealed that none of the hairs matched Bauer.
DNA testing came about through Bauer's civil attorney in another matter. The prosecution agreed to testing, which exculpated Bauer.
In 1991, roughly eight years after Bauer had begun serving his sentence, he was charged with intimidation. Bauer subsequently pleaded guilty to the intimidation charge and was sentenced to a term of five years in the Montana State Prison, to be served consecutively to the other sentences. The state transferred Bauer to the Blaine County Jail. Then, on October 10, 1995, the State charged Bauer with three offenses: sexual intercourse without consent, intimidation, and escape, after an incident with a female inmate at the Blaine County Jail. Following a jury trial, Bauer was convicted on all three charges in March 1996.
Bauer was convicted based on the identification made by the victim and her husband. A criminalist testified at trial that hairs were found that matched Bauer's. The hair evidence had been collected from the victim's bedding, but the number of hairs was miscounted and it was later revealed that none of the hairs matched Bauer.
DNA testing came about through Bauer's civil attorney in another matter. The prosecution agreed to testing, which exculpated Bauer.
In 1991, roughly eight years after Bauer had begun serving his sentence, he was charged with intimidation. Bauer subsequently pleaded guilty to the intimidation charge and was sentenced to a term of five years in the Montana State Prison, to be served consecutively to the other sentences. The state transferred Bauer to the Blaine County Jail. Then, on October 10, 1995, the State charged Bauer with three offenses: sexual intercourse without consent, intimidation, and escape, after an incident with a female inmate at the Blaine County Jail. Following a jury trial, Bauer was convicted on all three charges in March 1996.
| Chester Bauer | Incident Date: 12/31/69 Jurisdiction: MT Charge: Rape, Assault Conviction: Rape, Agg. Assault w/ Weapon Sentence: 30 Years |
Year of Conviction: 1983 Exoneration Year: 1997 Sentence Served: 9 Years Real perpetrator found? Not Yet Contributing Causes: Eyewitness Misidentification, Unreliable/Limited Science Compensation? Not Yet |





