Wrongly Convicted Database Record

 

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Robert Avelar Sr.

 

Charge:

Drug Related (Misdemeanor possession or sale)

Sentence:

10 days & 18 months probation

Years Imprisoned:

0.027

Year Crime:

Year Convicted:

2014

Year Cleared:

2016

U.S. State or Country of Crime:

Oregon

County or Region of Crime:

Deschutes

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Robert Avelar was wrongly convicted on June 3, 2014 of meth possession in Deschutes County, Oregon. Avelar pled guilty. In late 2015 the Deschutes County District Attorney's Office undertook a review of more than 1,000 cases involving evidence analyzed by Nika Larsen, a forensic analyst with the Oregon State Police Crime Lab in Bend. Larsen came under investigation by the Oregon Department of Justice and the U.S. Attorney's Office in Oregon for allegedly tampering with, substituting, and stealing drug evidence. The OSP suspended controlled substance analysis at the Bend lab on September 3, 2015. In 2016 the DA's review determined that the evidence relied on to convict in a number of cases was unreliable. Avelar's conviction was vacated by a Deschutes County Circuit Court judge based on a joint motion by the defendant and the DA's Office that "the evidence is insufficient to support a conviction." A letter was sent to the defendant on February 2, 2016 informing of the dismissal."

Conviction Caused By:

Innocence Proved By:

"Avelar's conviction was vacated by a Deschutes County Circuit Court judge based on a joint motion by the defendant and the DA's Office that "the evidence is insufficient to support a conviction.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"State v. Robert Avelar, No. 12FE1225 (Deschutes County Circuit Ct.) (Charges dismissed based on insufficient evidence.) "

Information Location 1:

http://www.dcda.us/c5/files/5514/6359/2366/OSP_Drug_Cases_Reviewed_by_NL.pdf

Information Source 2:

"Oregon DA Is Gunning for Justice in Review of Convictions, By Andrew Selsky (Associated Press reporter), ABC News, June 19, 2006"

Information Location 2:

http://abcnews.go.com/US/wireStory/oregon-da-gunning-justice-review-convictions-39970159

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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