Willie Rosario

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Charge:	Second Degree Murder
Sentence:	20 years to life in prison
Years Imprisoned:	13
Year Crime:	1974
Year Convicted:	1981
Year Cleared:	1988
U.S. State or Country of Crime:	New York
County or Region of Crime:	Kings
City of Crime:	New York City
Result:	Judicially Exonerated Released
Summary of Case:	"Wilie Rosario and his codefendant Rafael Cruz were wrongly convicted in May 1976 of the October 12, 1974 murder of a grocery store owner during the robbery of his Brooklyn, New York store. Cruz was arrested on July 4, 1975, and confessed after his indictment without being given his Miranda rights. Cruz' statement implicated Rosario. The State's case was based on Cruz' statement and the testimony of an eyewitness who was 12 at the time of the shooting. Cruz and Rosario were both sentenced to 20 years to life in prison after their convictions by a jury. On October 9, 1979 the New York Supreme Court Appellate Division overturned Cruz' conviction on the basis his confession was the result of improper questioning in the absence of his attorney after he had been indicted. The Court ordered his statement suppressed if the State elected to retry him. Cruz was retried in April 1980 and he presented new witness evidence undermining the credibility of the State's lone eyewitness, and the jury acquitted him of all charges. On June 25, 1979 the New York Supreme Court Appellate Division overturned Cruz' conviction on the basis the judge erred admitted Cruz' contested confession. During Rosario's retrial in June 1981 the judge barred the exculpatory defense testimony that Cruz had relied on in his 1980 retrial to undermine the State's witness. Cruz was reconvicted. After his direct appeal was denied Rosario filed a post-conviction petition for a new trial on the basis his right to due process was denied by the judge denying him the opportunity to present his impeachment testimony. After his petition was denied by the New York State courts, Rosario filed a federal habeas corpus petition that was granted by the U.S. District Court amd the State appealed. On February 12, 1988 the U.S. 2nd Circuit Court of Appeals affirmed the grant of Rosario's habeas corpus petition on the basis he had been denied his constitutional right to present a defense. The charges against him were subsequently dismissed and he was released."
Conviction Caused By:	The trial judge erred by denying Rosario his right to present a defense by introducing evidence impeaching the testimony of the State's lone eyewitness.
Innocence Proved By:	"On February 12, 1988 the U.S. 2nd Circuit Court of Appeals affirmed the grant of Rosario's habeas corpus petition on the basis he had been denied his constitutional right to present a defense. The charges against him were subsequently dismissed and he was released."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	Hispanic
Information Source 1:	"Rosario v. Kuhlman, 839 F. 2d 918 (2nd Cir. Ct of Appeals, 1988)"
Information Location 1:	"http://scholar.google.com/scholar_case?case=16674007695895484353&q=rafael+cruz+1975&hl=en&as_sdt=6,48"
Information Source 2:	"People of the State of New York v. William Rosario, 70 A.D.2d 956, 417 N.Y.S.2d 767 (2d Dept. 1979)"
Information Location 2:	"http://scholar.google.com/scholar_case?case=1331430648693893189&q=rafael+cruz+1975&hl=en&as_sdt=6,48"
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Willie Rosario

Charge:

Second Degree Murder

Sentence:

20 years to life in prison

Years Imprisoned:

13

Year Crime:

1974

Year Convicted:

1981

Year Cleared:

1988

U.S. State or Country of Crime:

New York

County or Region of Crime:

Kings

City of Crime:

New York City

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

The trial judge erred by denying Rosario his right to present a defense by introducing evidence impeaching the testimony of the State's lone eyewitness.

Innocence Proved By:

"On February 12, 1988 the U.S. 2nd Circuit Court of Appeals affirmed the grant of Rosario's habeas corpus petition on the basis he had been denied his constitutional right to present a defense. The charges against him were subsequently dismissed and he was released."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"Rosario v. Kuhlman, 839 F. 2d 918 (2nd Cir. Ct of Appeals, 1988)"

Information Location 1:

"http://scholar.google.com/scholar_case?case=16674007695895484353&q=rafael+cruz+1975&hl=en&as_sdt=6,48"

Information Source 2:

"People of the State of New York v. William Rosario, 70 A.D.2d 956, 417 N.Y.S.2d 767 (2d Dept. 1979)"

Information Location 2:

"http://scholar.google.com/scholar_case?case=1331430648693893189&q=rafael+cruz+1975&hl=en&as_sdt=6,48"

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Book About Case (2):

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