Wrongly Convicted Database Record
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Charge: |
Assault - Aggravated (including causing bodily harm) |
Sentence: |
5 years |
Years Imprisoned: |
2.75 |
Year Crime: |
1996 |
Year Convicted: |
1997 |
Year Cleared: |
2000 |
U.S. State or Country of Crime: |
Arizona |
County or Region of Crime: |
Cochise |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Rafael Suarez was wrongly convicted in 1997 of aggravated assault and sentenced to five years in prison. Suarez' lawyer had information prior to his trial that multiple eyewitnesses could establish Suarez tried to break up the fight he was charged with being a part of initiatating, However Suarez' attorney, Ed G. Distel, didn't subpoena the exculpatory witnesses. In April 2000 Suarez' post-conviction petition for a new trial was granted based on the ineffective assistance of his trial counsel. Suarez was released on bond pending either a retrial or the dismissal of the charges. The Cochise County District Attorney's Office declined to retry Suarez, and filed a motion to dismiss the charge against him, which was granted in August 2000. Suarez filed a lawsuit against Distel for malpractice. Distel failed to defend against the lawsuit, and in 2002 Suarez was awarded a $1,045,500 default judgment. Suarez was unable to collect because Distel, who had been disbarred, had no assets and had filed for bankruptcy." |
Conviction Caused By: |
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Innocence Proved By: |
"The Cochise County District Attorney's Office declined to retry Suarez, and filed a motion to dismiss the charge against him, which was granted in August 2000." |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
32 |
Age When Released: |
35 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"A Matter of Convictions, By Arizona's Own Espresso Pundit, October 31, 2007" |
Information Location 1: |
http://www.espressopundit.com/2007/10/a-matter-of-con.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org