Post by Anja Nieser on Oct 1, 2006 6:31:27 GMT -5
AT THE COURTHOUSE----Freed inmate sues over conviction
Man imprisoned for 17 years alleges 'every scientific conclusion' by the
HPD lab was false.
The "near-total breakdown" at the Houston crime lab occurred because of
inattention by the city, county and individual officers and analysts, a
man who wrongfully served 17 years in prison alleges in a federal lawsuit.
George Rodriguez was released from prison in October 2004 after new
forensic tests exposed errors in the analyses from the Houston Police
Department crime lab that were used to convict him.
"Those tests demonstrated that every scientific conclusion rendered by the
HPD crime laboratory ... in George Rodriguez's case had been utterly wrong
and, in some respects, patently fabricated," he contends in alleging that
his civil rights were violated. The suit seeks unspecified damages.
Rodriguez argues that his conviction was the product of deliberate
indifference to problems within HPD and at the Harris County district
attorney's office. The lawsuit names as defendants the city, the county,
District Attorney Chuck Rosenthal, crime lab analysts including Christy
Kim and Jim Bolding and 13 police officers.
An attorney representing Harris County and Rosenthal declined to comment.
The city attorney's office, which represents the city and several
officers, has filed a motion to dismiss the case, arguing that the city is
not liable for Rodriguez's wrongful conviction.
Rodriguez was sentenced to 60 years in prison for the 1987 rape and
kidnapping of a 14-year-old girl, in part because of forensic evidence
that HPD developed.
New tests in 2004 discredited that work and excluded him as a possible
source of evidence from the case. The new evidence pointed to another man,
Isidro Yanez, who was suspected at the time the girl was attacked and whom
the lawsuit alleges committed the crimes.
Rodriguez's conviction was vacated last year but he has not received a
pardon, in part, his attorney said, because he needs Rosenthal's support.
"The district attorney has never indicated that he would agree," said Mark
Wawro, who represents Rodriguez.
If he received a pardon on the basis of innocence, which would require a
letter from Rosenthal saying he believes Rodriguez is innocent, Rodriguez
would be eligible for compensation of $25,000 from the state for each year
he spent in prison.
Because Rodriguez has not been pardoned, Wawro said, he is seeking
compensation through litigation.
His lawsuit alleges that:
- The city ignored its own minimum standards for hiring people at the
crime lab.
- Problems that contributed to Rodriguez's conviction extended to the
officers and supervisors who investigated the case.
- Harris County's prosecutors were poorly trained about their duty to
provide defense attorneys exculpatory evidence.
(source: Houston Chronicle)
Man imprisoned for 17 years alleges 'every scientific conclusion' by the
HPD lab was false.
The "near-total breakdown" at the Houston crime lab occurred because of
inattention by the city, county and individual officers and analysts, a
man who wrongfully served 17 years in prison alleges in a federal lawsuit.
George Rodriguez was released from prison in October 2004 after new
forensic tests exposed errors in the analyses from the Houston Police
Department crime lab that were used to convict him.
"Those tests demonstrated that every scientific conclusion rendered by the
HPD crime laboratory ... in George Rodriguez's case had been utterly wrong
and, in some respects, patently fabricated," he contends in alleging that
his civil rights were violated. The suit seeks unspecified damages.
Rodriguez argues that his conviction was the product of deliberate
indifference to problems within HPD and at the Harris County district
attorney's office. The lawsuit names as defendants the city, the county,
District Attorney Chuck Rosenthal, crime lab analysts including Christy
Kim and Jim Bolding and 13 police officers.
An attorney representing Harris County and Rosenthal declined to comment.
The city attorney's office, which represents the city and several
officers, has filed a motion to dismiss the case, arguing that the city is
not liable for Rodriguez's wrongful conviction.
Rodriguez was sentenced to 60 years in prison for the 1987 rape and
kidnapping of a 14-year-old girl, in part because of forensic evidence
that HPD developed.
New tests in 2004 discredited that work and excluded him as a possible
source of evidence from the case. The new evidence pointed to another man,
Isidro Yanez, who was suspected at the time the girl was attacked and whom
the lawsuit alleges committed the crimes.
Rodriguez's conviction was vacated last year but he has not received a
pardon, in part, his attorney said, because he needs Rosenthal's support.
"The district attorney has never indicated that he would agree," said Mark
Wawro, who represents Rodriguez.
If he received a pardon on the basis of innocence, which would require a
letter from Rosenthal saying he believes Rodriguez is innocent, Rodriguez
would be eligible for compensation of $25,000 from the state for each year
he spent in prison.
Because Rodriguez has not been pardoned, Wawro said, he is seeking
compensation through litigation.
His lawsuit alleges that:
- The city ignored its own minimum standards for hiring people at the
crime lab.
- Problems that contributed to Rodriguez's conviction extended to the
officers and supervisors who investigated the case.
- Harris County's prosecutors were poorly trained about their duty to
provide defense attorneys exculpatory evidence.
(source: Houston Chronicle)