Wrongly Convicted Database Record
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Charge: |
Misdemeanor conviction |
Sentence: |
$180 fine |
Years Imprisoned: |
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Year Crime: |
2015 |
Year Convicted: |
2016 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
California |
County or Region of Crime: |
San Diego |
City of Crime: |
San Diego |
Result: |
Judicially Exonerated |
Summary of Case: |
"Tony Diaz was wrongly convicted in 2016 of illegally inhabiting his vehicle, which violated a city ordinance in San Diego, California. Diaz' prosecution was based on the testimony of San Diego PD Officer Colin Governski that Diaz was ticketed because he was illegally sleeping in Bahia Point Park on Mission Bay in June 2016. Diaz denied sleeping there, and said that he had only stopped to use a public restroom before going on a bike ride in the park. Found guilty after a bench trial Diaz was fined $180. Diaz appealed, and the San Diego City Attorney's Office found the video evidence of the incident recorded by Governski's body worn camera. It showed that Governski fabricated his account of the incident, and corroborated Diaz' testimony, because he was coming out of the restroom when Governski first saw him. In June 2017 the city attorney's office notified Diaz' attorney, and based on the new video evidence, filed a motion to vacate Diaz's conviction and dismiss the charges, which was granted. However, the San Diego Police Department wasn't notified about the new evidence that Governski committed perjury during Diaz' trial until after the Voice of San Diego, an online news organization, contacted the city attorney's office about the case. Diaz' lawyer, Coleen Cusack, told the San Diego Union Tribune that Governski should be prosecuted for perjury, and put on a "Brady index" that lists regional police officers and expert witneeses whose credibility is compromised. " |
Conviction Caused By: |
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Innocence Proved By: |
"In June 2017 the city attorney's office notified Diaz' attorney, and based on the new video evidence, filed a motion to vacate Diaz's conviction and dismiss the charges, which was granted." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Video contradicts officer's testimony in homeless case, By Pauline Repard (Reporter), The San Diego Union-Tribune, August 8, 2017" |
Information Location 1: |
http://www.sandiegouniontribune.com/news/public-safety/sd-me-sleeping-ordinance-20170808-story.html |
Information Source 2: |
"Body Cam Footage Shows SDPD Officer Gave False Testimony in Homeless Case, By Sara Libby, Voice of San Diego, August 1, 2017" |
Information Location 2: |
http://www.voiceofsandiego.org/topics/public-safety/body-cam-footage-shows-cop-gave-false-testimony-in-homeless-case/ |
Information Source 3: |
"The secret list that police officers don't want you to see, By Pauline Repard (Reporter), The San Diego Union-Tribune, August 23, 2017" |
Information Location 3: |
http://www.sandiegouniontribune.com/news/public-safety/sd-me-brady-notebook-20170823-story.html |
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Book About Case: |
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Book Information: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org