Wrongly Convicted Database Record

 

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Michael Vallejo Trevino

 

Charge:

Indecency with a Child

Sentence:

8 years probation

Years Imprisoned:

Year Crime:

1987

Year Convicted:

1993

Year Cleared:

2012

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Travis

City of Crime:

Austin

Result:

Judicially Exonerated

Summary of Case:

"Michael Vallejo Trevino was wrongly convicted in November 1993 based on his no contest plea to indecency with a child. In May 1990 Michael Treveno was accused by his ex-wife of sexually assaulting their 8-year-old daughter when she was visiting him in Austin, Texas in 1987. He denied the accusation, but to avoid a long prison sentence he pled no contest to the reduced charge of indecency in exchange for a sentence of 8 years deferred adjudication and being required to register as a sex offender. In 2009 Trevino's then 27-year-old daughter recanted her accusation, and told authorities with the Travis County District Attorney’s Office that she was actually molested by her stepfather. The Actual Innocence Clinic at the University of Texas in Austin was notified and they began an investigation of Trevino’s case. Trevino agreed to a polygraph examination about sexual contact with his daughter hat he passed, and his daughter agreed to a forensic psychology interview that resulted in the psychologist determining her explanation of the events was credible, and that her recantation was truthful. Based on the new evidence the Travis County District Attorney’s office filed a motion to vacate and dismiss Trevino’s conviction, which was granted by Travis County Judge Cliff Brown on May 24, 2012. Judge Brown determined that based on the new evidence Trevino was innocent of indency with a child. After his charges were dismissed, Trevino told reporters, "It was hard it wasn't easy. Being labeled as a sex offender is not easy and it hurts. Hurt me, hurt my wife hurt my kids." Trevino filed a claim with the State of Texas for compensation for the 22 years he had to register as a sex offender, and on June 26, 2012 he was awarded about $423,333.33."

Conviction Caused By:

False accusation by Michael Trevino's daughter.

Innocence Proved By:

"On May 24, 2012, in response to a motion filed by the Travis County District Attorney’s office to vacate and dismiss Trevino’s conviction, Judge Cliff Brown dismissed the charge. Judge Brown specifically found that the daughter’s recantation was credible and truthful, and that Trevino was innocent of the charge for which he was convicted."

Defendant Aided By:

Actual Innocence Clinic at the University of Texas in Austin

Compensation Awarded:

"$423,333.33 (State of Texas, 6-26-2014)"

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"Wrongly convicted man seeks compensation, KLBJ 590 am (Austin, TX), June 22, 2012"

Information Location 1:

http://www.newsradioklbj.com/news/austin-local-news/wrongly-convicted-man-seeks-compensation

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

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