Wrongly Convicted Database Record

 

Go to Database Search Page

Go to  Database Index Page

Lazaro Burt

 

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:

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"

Information Location 3:

Information Source 4:

Information Location 4:

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case:

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

Hosted on forejustice.org and mirrored on justicedenied.org .