|
Wrongly Convicted Database Record
|
Charge: |
Rape and Kidnapping (abduction) |
Sentence: |
60 years |
Years Imprisoned: |
17 |
Year Crime: |
1987 |
Year Convicted: |
1987 |
Year Cleared: |
2005 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Harris |
City of Crime: |
Houston |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"George Rodriguez was wrongly convicted in 1987 of kidnapping and raping a 14-year-old girl in February 1987, based on the girl's erroneous eyewitness testimony, and erroneous testimony about forensic evidence by a Houston Crime Lab technician. The girl's ID overcame Mr. Rodriguez's seemingly airtight alibi of being at work in a factory that made bed frames at the time of the attack, which his boss swore to in court. In August 2004 a motion was filed on Rodriguez's behalf citing the consensus of six forensic scientists that his DNA was excluded from matching that of the girl's attacker. He was released on bail in the fall of 2004 after 17 years of wrongful imprisonment. In 2005 the Texas Court of Criminal Appeals vacated Rodriguez's convictions. The Harris County District Attorney refused to certify that Rodriguez was “actually innocent,” which barred him from compensation under Texas' wrongful conviction compensation statute. On November 30, 2006 Rodriguez filed a federal civil rights lawsuit (28 U.S.C. 1983) against the City of Houston, Harris County and eight public employees. On June 25, 2009 a federal jury awarded Rodriguez $5,000,000 in compensatory damages. The City appealed and on June 13, 2011 the U.S. Fifth Circuit Court of Appeals vacated the jury award and remanded the case back to the U.S. District Court. On November 2, 2012 it was announced that Rodriguez reached a settlement with the City of Houston for $3.1 million." |
Conviction Caused By: |
"Erroneous eyewitness testimony by the 14 year old victim that Rodriguez was one of her two attackers, and erroneous testimony about forensic evidence by a Houston Crime Lab technician." |
Innocence Proved By: |
Conviction overturned and released in 2005 based on a consensus by six forensic scientists that his DNA does not match that of the assailant. |
Defendant Aided By: |
Innocence Project NY |
Compensation Awarded: |
"$4,186,666.67 Total. $3,100,000 (City of Houston, November 2012), $1,086,666.67 lump sum payment plus $6,092.99 monthly annuity (State of Texas, 3-13-2013)" |
Was Perpetrator Identified? |
|
Age When Imprisoned: |
25 |
Age When Released: |
42 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"Crime Lab Evidence Again Questioned, Steve McVicker (staff), Houston Chronicle, Aug 5, 2004." |
Information Location 1: |
http://www.chron.com/cs/CDA/ssistory.mpl/front/2719886 |
Information Source 2: |
"New Doubt Cast on Crime Testing in Houston Cases, Adam Liptak and Ralph Blumenthal (staff), NY Times, National Section, August 5, 2004." |
Information Location 2: |
http://www.nytimes.com/2004/08/05/national/05houston.html?hp=&adxnnl=1&adxnnlx=1091728511-TQIxAqui4G8sE3/95J3U4w |
Information Source 3: |
"Jury awards Rodriguez $5 million, By Roma Khanna, Houston Chronicle, June 25, 2009" |
Information Location 3: |
http://www.chron.com/disp/story.mpl/headline/metro/6497952.html |
Information Source 4: |
"$3.1 million settlement reached for man falsely imprisoned, By Lisa Falkenberg (staff), Houston Chronicle, November 2, 2012" |
Information Location 4: |
http://www.chron.com/news/houston-texas/houston/article/3-1-million-settlement-reached-for-man-falsely-4003901.php |
Information Source 5: |
"George Rodriguez v. City of Houston, No. 10-20035 (5th Cir. 6-13-2011) (Vacate $5 Mil. judgment and remand back to U.S. Dist. Ct.)" |
Information Location 5: |
ftp://opinions.ca5.uscourts.gov/byDate/Jun2011/Jun13/10-20035.0.wpd.pdf |
Book About Case: |
|
Book Information: |
|
Book About Case (2): |
|
Book Information (2): |
|
Movie About Case: |
|
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org