Wrongly Convicted Database Record

 

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Carlos Marcos Lavernia

 

Charge:

Sexual Assault (includes aggravated)

Sentence:

99 years

Years Imprisoned:

17.4

Year Crime:

1983

Year Convicted:

1985

Year Cleared:

2000

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Travis

City of Crime:

Austin

Result:

Judicially Exonerated Released

Summary of Case:

"Carlos Marcos Lavernia was exonerated of his 1985 sexual assault conviction by DNA tests unavailable at the time of his conviction. Less than 4 years after emigrating to the US from Cuba to escape repression, he was the victim of eyewitness error that he raped a woman in June 1983, and that he was the "Barton Creek rapist." The INS sought to deport him after his release from prison. Carlos Lavernia was released in 2000 after 16 years of incarceration and under Texas' wrongful conviction compensation statute he had received $747,000 through 2012."

Conviction Caused By:

Eyewitness error that he was a serial rapist.

Innocence Proved By:

DNA testing unavailable at the time of his conviction.

Defendant Aided By:

Innocence Project (NY)

Compensation Awarded:

"$435,416.65 lump sum payment plus $8,904.06 monthly annuity (State of Texas, 9-5-2003)"

Was Perpetrator Identified?

Age When Imprisoned:

29

Age When Released:

45

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

""Carlos Lavernia Spent 16 Years in Prison for a Crime He Did Not Commit. Should We Now Send Him Back to Cuba?: Double Jeopardy," Amy Smith (staff), Austin Chronicle, Feb. 23, 2001."

Information Location 1:

http://www.austinchronicle.com/issues/dispatch/2001-02-23/pols_feature.html

Information Source 2:

Innocence Project database

Information Location 2:

http://www.innocenceproject.org/case/display_profile.php?id=79

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

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