Wrongly Convicted Database Record
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Charge: |
Second Degree Murder |
Sentence: |
25 years to life imprisonment |
Years Imprisoned: |
10 |
Year Crime: |
1992 |
Year Convicted: |
1994 |
Year Cleared: |
2002 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Queens |
City of Crime: |
New York City |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Lazaro Burt was wrongly convicted on March 9, 1994 of second-degree murder in the 1992 death of a man who allegedly accused him of groping his girlfriend. Burt's prosecution was based on the eyewitness testimony of a woman who admitted she was high on crack at the time of the crime. After his conviction by a jury, Burt was sentenced to 25 years to life in prison. In 2002 the woman recanted her testimony, and another witness came forward identifying that the actual shooter was Jarrett Smith. After a reinvestigation of the case by the Queens County District Attorney, the DA's Office supported Burt's petition to vacate his case. After the petition was granted the DA's motion to dismiss the charges against Burt was granted. Jarrett Smith agreed to pled guilty to first degree assault. In February 2003 Burt filed a federal civil rights lawsuit that named the City of New York as a defendant. In 2004 the lawsuit was settled for $775,000 in compensation." |
Conviction Caused By: |
Erroneous eyewitness identification. |
Innocence Proved By: |
"After a reinvestigation of the case by the Queens County District Attorney, the DA's Office supported Burt's petition to vacate his case. After the petition was granted the DA's motion to dismiss the charges against Burt was granted." |
Defendant Aided By: |
Queens County District Attorney's Office. Civil lawsuit filed by New York City attorney Ronald L. Kuby. |
Compensation Awarded: |
"$775,000 (City of New York, 2004)" |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
20 |
Age When Released: |
30 |
Sex: |
Male |
Skin/Ethnicity: |
Black |
Information Source 1: |
"Lazaro Burt, The Law Office of Ronald L. Kuby, kubylaw.com" |
Information Location 1: |
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Information Source 2: |
"Wrong Man,' Freed From Jail, Is Back There, By Corey Kilgannon, The New York Times, Sept. 27, 2003" |
Information Location 2: |
http://www.nytimes.com/2003/09/27/nyregion/wrong-man-freed-from-jail-is-back-there.html |
Information Source 3: |
"Newsday (New York City), February 7, 2003" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org