Luis Marin

Go to Database Search Page

Go to Database Index Page

Charge:	Second Degree Murder and Arson
Sentence:	Exonerated After Conviction But Prior to Sentencing
Years Imprisoned:	1
Year Crime:	1980
Year Convicted:	1982
Year Cleared:	1985
U.S. State or Country of Crime:	New York
County or Region of Crime:	Westchester
City of Crime:	Harrison
Result:	Judicially Exonerated Released
Summary of Case:	"Luis Marin (aka Pedro Davila) was wrongly convicted on April 11, 1982 of 26 counts of second degree murder and arson in the deaths of 26 people in a Harrison, New York hotel fire on December 4, 1980. The prosecution's circumstantial case was based on the testimony of 40 witness. After six days of deliberations the jury convicted Marin. Four days after Marin's conviction by the jury based solely on circumstantial evidence, Westminster County Court Judge Lawrence N. Martin Jr. vacated Marin's conviction on the ground the prosecution introduced insufficient evidence to prove his guilt of every essential element beyond a reasonable doubt and ordered dismissal of his indictment. The State appealed, and after the New York Supreme Court Appellate Division affirmed the judge's ruling in 1984 the State appealed, and on June 11, 1985 the New York Court of Appeal also affirmed the judge's ruling, making the dismissal of Marin's indictment final."
Conviction Caused By:	Circumstantial evidence that didn't prove Marin's guilt of every essential element beyond a reasonable doubt.
Innocence Proved By:	"Four days after Marin's conviction by the jury based solely on circumstantial evidence, Westminster County Court Judge Lawrence N. Martin Jr. vacated Marin's conviction on the ground the prosecution introduced insufficient evidence and ordered dismissal of his indictment. The State appealed, and after the New York Supreme Court Appellate Division affirmed the judge's ruling in 1984 the State appealed, and on June 11, 1985 the New York Court of Appeal also affirmed the judge's ruling, making the dismissal of Marin's indictment final."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	25
Age When Released:	26
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"People v. Luis Marin, 102 A.D.2d 14, 15, 478 N.Y.S.2d 650, 651 (2d Dep't 1984), aff'd, 65 N.Y.2d 741, 481 N.E.2d 556, 492 N.Y.S.2d 16 (in which the trial order dismissing Marin's indictment was affirmed)"
Information Location 1:	"http://scholar.google.com/scholar_case?case=7680392180107710500&q=102+A.D.2d+14,+478+N.Y.S.2d+650&hl=en&as_sdt=4,33,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"
Information Source 2:	"People v. Luis Marin, 65 N.Y.2d 741, 481 N.E.2d 556, 492 N.Y.S.2d 16 (NY Ct. of Appeal) (Affirming the trial order dismissing Marin's indictment.)"
Information Location 2:	"http://scholar.google.com/scholar_case?case=15147978747654757420&q=65+N.Y.2d+741,+481+N.E.2d+556&hl=en&as_sdt=4,33,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"
Information Source 3:	"Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988, by Marty I. Rosenbaum, 18 N.Y.U. Rev. L. & Soc. Change 807, 821"
Information Location 3:	http://deskovic.org/research/article/id/Inevitable-Error-Wrongful-New-York-State-Homicide-Convictions
Information Source 4:	"Follow=up On The News: Luis Marin, By Mervyn Rothstein (Staff writer), The New York Times, January 2, 1983"
Information Location 4:	http://www.nytimes.com/1983/01/02/nyregion/follow-up-on-the-news-luis-marin.html
Information Source 5:
Information Location 5:
Book About Case:
Book Information:
Book About Case (2):
Book Information (2):
Movie About Case:
Comments About Case:

Go to Database Search Page

Go to Database Index Page

Luis Marin

Charge:

Second Degree Murder and Arson

Sentence:

Exonerated After Conviction But Prior to Sentencing

Years Imprisoned:

1

Year Crime:

1980

Year Convicted:

1982

Year Cleared:

1985

U.S. State or Country of Crime:

New York

County or Region of Crime:

Westchester

City of Crime:

Harrison

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Circumstantial evidence that didn't prove Marin's guilt of every essential element beyond a reasonable doubt.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

25

Age When Released:

26

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"People v. Luis Marin, 102 A.D.2d 14, 15, 478 N.Y.S.2d 650, 651 (2d Dep't 1984), aff'd, 65 N.Y.2d 741, 481 N.E.2d 556, 492 N.Y.S.2d 16 (in which the trial order dismissing Marin's indictment was affirmed)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=7680392180107710500&q=102+A.D.2d+14,+478+N.Y.S.2d+650&hl=en&as_sdt=4,33,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"

Information Source 2:

"People v. Luis Marin, 65 N.Y.2d 741, 481 N.E.2d 556, 492 N.Y.S.2d 16 (NY Ct. of Appeal) (Affirming the trial order dismissing Marin's indictment.)"

Information Location 2:

"http://scholar.google.com/scholar_case?case=15147978747654757420&q=65+N.Y.2d+741,+481+N.E.2d+556&hl=en&as_sdt=4,33,75,99,107,122,138,162,286,287,288,289,349,350,351,352,380"

Information Source 3:

"Inevitable Error: Wrongful New York State Homicide Convictions, 1965-1988, by Marty I. Rosenbaum, 18 N.Y.U. Rev. L. & Soc. Change 807, 821"

Information Location 3:

http://deskovic.org/research/article/id/Inevitable-Error-Wrongful-New-York-State-Homicide-Convictions

Information Source 4:

"Follow=up On The News: Luis Marin, By Mervyn Rothstein (Staff writer), The New York Times, January 2, 1983"

Information Location 4:

http://www.nytimes.com/1983/01/02/nyregion/follow-up-on-the-news-luis-marin.html

Information Source 5:

Information Location 5:

Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: