Anselmo Aviles

Go to Database Search Page

Go to Database Index Page

Charge:	Attempted Rape and Burglary
Sentence:	16 to 18 years
Years Imprisoned:	9
Year Crime:	1988
Year Convicted:	1989
Year Cleared:	1997
U.S. State or Country of Crime:	Massachusetts
County or Region of Crime:	Worcester
City of Crime:	Southbridge
Result:	Judicially Exonerated Released
Summary of Case:	"Anselmo Aviles was wrongly convicted on January 25, 1989 of assault with intent to commit rape; armed assault in a dwelling; and armed burglary in Southbridge, Massachusetts on May 16, 1988. Aviles prosecution was based on his identification by the victim, because there was physical, forensic, or corroborating witness evidence linking Aviles to the crime. Aviles alibi defense was that he had been in a serious car accident and that at the time of the crime he needed to use crutches and was home when it occurred. After his conviction by a jury Aviles was sentenced to 16 to 18 years in prison. Aviles filed a motion for a new trial based on his trial lawyers failure to call alibi witnesses and properly prepare for trial. Aviles motion was denied without the trial judge holding an evidentiary hearing. Aviles appealed. On August 15, 1991 the Massachusetts Court of Appeals remanded Aviles' case for an evidentiary hearing on his motion and for the lower court to make findings of fact. After a five day evidentiary hearing, the trial judge denied Aviles motion. Aviles appealed. On May 15, 1996 the Court of Appeals reversed the trial judge's ruling, and granted Aviles motion. In overturning his conviction, the Court ruled that Aviles trial lawyer was ineffective for failing to call alibi witnesses and properly prepare for trial. The Worcester County District Attorney's Office declined to retry Aviles. Aviles' indictment was dismissed on April 24, 1997 and he was released. In 2006 the State of Massachusets awarded Anselmo Aviles $450,000 compensation under the state's wrongful imprisonment compensation statute. Aviles settled his lawsuit against the estate of his deceased trial attorney for an undisclosed sum."
Conviction Caused By:	Ineffective assistance of trial counsel.
Innocence Proved By:	"On May 15, 1996 the Court of Appeals reversed the trial judge's ruling, and granted Aviles motion. In overturning his conviction, the Court ruled that Aviles trial lawyer was ineffective for failing to call alibi witnesses and properly prepare for trial. The Worcester County District Attorney's Office declined to retry Aviles. Aviles' indictment was dismissed in 1997 and he was released."
Defendant Aided By:
Compensation Awarded:	"$450,000 (State of Massachusetts, 2006)"
Was Perpetrator Identified?
Age When Imprisoned:	22
Age When Released:	31
Sex:	Male
Skin/Ethnicity:	Hispanic
Information Source 1:	"Commonwealth vs. Anselmo Aviles, 40 Mass. App. Ct. 440 (Mass. Ct. of Appeals, May 15, 1996) (Granting new trial based on ineffective assitance of counsel for failing to call alibi witnesses and properly prepare for trial.)"
Information Location 1:	http://law.justia.com/cases/massachusetts/court-of-appeals/volumes/40/40massappct440.html
Information Source 2:	"Wrongful Conviction Cases Under G.L. C. 258D As Of August 1, 2016"
Information Location 2:	https://assets.documentcloud.org/documents/3034698/Wrongful-Conviction-Compensation-Cases.pdf
Information Source 3:	"Massachusetts has paid $8.34 million under wrongful conviction compensation law, By Dan Glaun, MassLive.com, August 31, 2016"
Information Location 3:	http://www.masslive.com/news/index.ssf/2016/08/massachusetts_has_paid_834_mil.html
Information Source 4:	"Commonwealth v. Aviles, 576 NE 2d 697 (Mass. Appeals Court 8-15-1991) (Remanding to lower court for evidentiary hearing.)"
Information Location 4:	"https://scholar.google.com/scholar_case?case=17639117065298336995&q=COMMONWEALTH+vs.+ANSELMO+AVILES&hl=en&as_sdt=6,48"
Information Source 5:
Information Location 5:
Book About Case:
Book Information:
Book About Case (2):
Book Information (2):
Movie About Case:
Comments About Case:

Go to Database Search Page

Go to Database Index Page

Anselmo Aviles

Charge:

Attempted Rape and Burglary

Sentence:

16 to 18 years

Years Imprisoned:

9

Year Crime:

1988

Year Convicted:

1989

Year Cleared:

1997

U.S. State or Country of Crime:

Massachusetts

County or Region of Crime:

Worcester

City of Crime:

Southbridge

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Ineffective assistance of trial counsel.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

"$450,000 (State of Massachusetts, 2006)"

Was Perpetrator Identified?

Age When Imprisoned:

22

Age When Released:

31

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"Commonwealth vs. Anselmo Aviles, 40 Mass. App. Ct. 440 (Mass. Ct. of Appeals, May 15, 1996) (Granting new trial based on ineffective assitance of counsel for failing to call alibi witnesses and properly prepare for trial.)"

Information Location 1:

http://law.justia.com/cases/massachusetts/court-of-appeals/volumes/40/40massappct440.html

Information Source 2:

"Wrongful Conviction Cases Under G.L. C. 258D As Of August 1, 2016"

Information Location 2:

https://assets.documentcloud.org/documents/3034698/Wrongful-Conviction-Compensation-Cases.pdf

Information Source 3:

"Massachusetts has paid $8.34 million under wrongful conviction compensation law, By Dan Glaun, MassLive.com, August 31, 2016"

Information Location 3:

http://www.masslive.com/news/index.ssf/2016/08/massachusetts_has_paid_834_mil.html

Information Source 4:

"Commonwealth v. Aviles, 576 NE 2d 697 (Mass. Appeals Court 8-15-1991) (Remanding to lower court for evidentiary hearing.)"

Information Location 4:

"https://scholar.google.com/scholar_case?case=17639117065298336995&q=COMMONWEALTH+vs.+ANSELMO+AVILES&hl=en&as_sdt=6,48"

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: