Wrongly Convicted Database Record
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Charge: |
Rape and Sexual Assault/Battery |
Sentence: |
9 years |
Years Imprisoned: |
4 |
Year Crime: |
2002 |
Year Convicted: |
2008 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
New York |
County or Region of Crime: |
Queens |
City of Crime: |
New York City |
Result: |
Judicially Exonerated |
Summary of Case: |
"Luis Gomez was wrongly convicted on January 11, 2008 of rape, sexual assault and child endangerment for allegedly assaulting his underage sister-in-law for five years from 1998 to 2002, and raping her in 2002. The only evidence against Gomez was the testimony of the girl. Gomez's defense was the girl, who lived with him and his wife in Florida, was mad at him because she didn't want to be sent to New York to live with her mother. The trial judge barred the jury from hearing testimony by a husband and wife who were friends with the girl that she confided in them that she made up the abuse and rape story because she didn't want to live with her mother. Gomez was convicted and sentenced to 9 years in prison. On appeal the NY Court of Appeals overturned Gomez's conviction on December 21, 2010, on the basis the trial judge violated Gomez's right to present a complete defense by barring the testimony of his witnesses who would have cast doubt on his accuser's credibility. People v Luis Gomez No 2008-00977 (NY Ct of Appeals 2nd div. 12-21-2010)" |
Conviction Caused By: |
Perjury by the alleged victim who provided the only evidence against Gomez. |
Innocence Proved By: |
"The NY Court of Appeals overturned Gomez's conviction on December 21, 2010." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
35 |
Age When Released: |
39 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
People v Luis Gomez No 2008-00977 (NY Ct of Appeals 2nd div. 12-21-2010) |
Information Location 1: |
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Information Source 2: |
"Conviction of Florida man in Queens child rape case overturned on appeal, By Thomas Zambito (staff writer), New York Daily News, January 4, 2011" |
Information Location 2: |
http://www.nydailynews.com/news/ny_crime/2011/01/04/2011-01-04_conviction_in_child_rape_overturned_on_appeal.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org