A man who was wrongly convicted of the kidnapping and sexual abuse of a 6-year-old child in Box Elder County has a legitimate claim and should be compensated, according to U.S. District Chief Judge Bruce S. Jenkins.
However, Jenkins said Frank James Harvey "had best look to the state's conscience for redress," because he won't achieve it in federal court. In a ruling released Monday, the judge granted a motion for summary judgment, dismissing the $50,000 suit against the agencies that prosecuted Harvey.Harvey, 46, of Elmo, Wash., was arrested at a Box Elder County highway rest stop March 25, 1987, and charged with kidnapping and sexually abusing a 6-year-old Deweyville girl. The victim told investigators that her abductor drove a blue car and had a dog - which Harvey did - but could not positively identify Harvey.
Three months after a jury found Harvey guilty of the crime, Thomas C. Headley, 31, Snowville, was arrested and charged with the offense and all charges against Harvey were dismissed. Headley, who was identified by the victim, also drove a blue car and had a dog. The charges against Headley were dropped after a jury could not agree on the case against him.
Jenkins said, "That the plaintiff (Harvey) should be compensated in some way is obvious. But the remedy, whatever it may be, is not to be found in this court."