Wrongly Convicted Database Record
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Charge: |
Sexual Assault (includes aggravated) |
Sentence: |
15 years |
Years Imprisoned: |
8.92 |
Year Crime: |
1983 |
Year Convicted: |
1984 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
Santa Clara |
City of Crime: |
San Jose |
Result: |
Judicially Exonerated |
Summary of Case: |
"Jose Luis Diaz (aka Luis Diaz) was wrongly convicted on October 26, 1984 of sexually assaulting an 18-year-old woman on October 17, 1983 and a 40-year-old woman on April 1, 1984 in San Jose, California. Luis Diaz was sentenced to 15 years in prison. Jose Diaz was released on parole in March 1993. Diaz filed a state habeas corpus petition in September 2012 based on new evidence that the sexual assaults he had been convicted of matched the MO of an unidentified serial rapist known as the Hooded Rapist," who continued to commit crimes after Diaz was imprisoned. The Santa Clara County District Attorneys Office did not oppose Diaz' habeas petition that was granted on September 6, 2012. A Certificate of Innocence was issued by a Santa Clara County Superior Court judge on April 9, 2013, which allowed Diaz to pursue a claim for compensation from the State of California. On May 22, 2014 the State of California's Victim Compensation Board awarded Diaz $305,300, based on an award of $100 per day for each of his 3,053 days of wrongful incarceration after his conviction." |
Conviction Caused By: |
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Innocence Proved By: |
"The Santa Clara County District Attorneys Office did not oppose Diaz' habeas petition that was granted on September 6, 2012." |
Defendant Aided By: |
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Compensation Awarded: |
"$305,300 (State of Calif., May 22, 2014)" |
Was Perpetrator Identified? |
Yes |
Age When Imprisoned: |
20 |
Age When Released: |
29 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"In the Matter of the Claim of Jose Luis Diaz, No. G-517216, Victim Compensation and Government Claims Board of the State of California, Proposed Decision, May 22, 2014" |
Information Location 1: |
http://documents.latimes.com/jose-luis-diaz/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org