Wrongly Convicted Database Record

 

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Hilario Martin Velasquez

 

Charge:

Drug Related (Possession or sale)

Sentence:

Years Imprisoned:

Year Crime:

2013

Year Convicted:

2014

Year Cleared:

2016

U.S. State or Country of Crime:

Montana

County or Region of Crime:

Roosevelt

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Hilario Martin Velasquez was wrongly convicted on July 31, 2014 of felony possession of a dangerous drug with intent to distribute, in violation of § 45-9-103, MCA, and with misdemeanor criminal possession of drug paraphernalia, in violation of § 45-10-103, MCA. Hilario Velasquez was riding in the back seat of a car in Roosevelt County, Montana on September 25, 2013, that was stopped by a police officer who suspected the driver was under the influence of alcohol or drugs. Methamphetamine (a substance that field tested positive for meth) and a meth pipe were found in the car, and the driver and Velasquez were arrested. Velasquez lived in California, but he was visiting Montana. Velasquez couldn't afford to pay the $5,000 bond for his release, so he remained in the Roosevelt County Jail pending his trial. Velasquez' trial was set for January 2014. In mid-December 2013 the State moved for a continuance of Velasquez' trial on the basis the State Crime Lab estimated a nine month backlog for drug analysis. Velasquez -- who was representing himself -- objected to the continuance. The judge granted the motion and re-set the trial for March 2014. The State made another motion for a continuance on the same basis, and the continued the trial to May 2014. The State filed a third motion to continue Velasquez' trial on the same basis, which he not only opposed, but he filed a pro-se motion to dismiss his case for lack of a speedy trial. The judge denied Velasquez' motion to dismiss, and set his fourth trial date as July 31, 2014 -- which was 309 days after his arrest. Velasquez was convicted after a jury trial. Velasquez appealed arguing that the trial judge erred denying his motion to dismiss based on a violation of his right to a speedy trial. On August 30, 2016 the Montana Supreme Court overturned Velasquez' convictions on the basis his right to a speedy trial had been violated, and ordered dismissal of his charges. The Court's ruling was based on its findings: 1) that the length of Velasquez' incarceration was excessive; 2) that the entire delay was due to the State's lack of diligence by failing to expedite the evidence testing by sending it to a different laboratory when it was made aware Velasquez would not waive his right to a speedy trial; 3) that Velasquez affirmatively and repeatedly asserted his speedy trial right; 4) that Velasquez' incarceration was oppressive because of its length, the conditions under which he was held were oppressive because the staff interferred with his sending and receipt of mail; he was unable to make any telephone calls because they cost $1 a minute; and he was not allowed to go outside even once; and, 5) that Velasquez' ability to present an effective defense was prejudicially impaired by the delay in going to trial. The Court's ruling stated: "In the final analysis, the guarantee of a “speedy” trial rings hollow when a person too poor to afford bail sits in jail for nearly a year on a non-violent, straightforward, relatively minor drug possession charge, confined for half that time without one minute outside, and cut off in large measure from his distant family—all because the State did not attempt to determine more quickly whether the car in which he was riding in fact contained illegal drugs. ¶53 Velasquez did not receive protection of his constitutional right to a speedy trial. We therefore reverse the District Court’s denial of his motion to dismiss and remand for dismissal of the charges." (State v. Velasquez, 2016 MT 216 (MT Sup. Ct., 8/30/2016))"

Conviction Caused By:

Innocence Proved By:

"On August 30, 2016 the Montana Supreme Court overturned Velasquez' convictions on the basis his right to a speedy trial had been violated, and ordered dismissal of his charges."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"State v. Velasquez, 2016 MT 216, DA 14-0770 (MT Sup. Ct., 8/30/2016) (Vacated conviction based on violation of his speedy trial rights.)"

Information Location 1:

https://filenet.mt.gov/getContent?vsId={D049DD56-0000-C711-B5E4-16B291B8C202}&impersonate=true&objectType=document&objectStoreName=PROD%20OBJECT%20STORE

Information Source 2:

"Drug conviction overturned due to trial delay, By Associated Press, Montana Standard, August 31, 2016"

Information Location 2:

http://mtstandard.com/news/state-and-regional/drug-conviction-overturned-due-to-trial-delay/article_8253bd97-bce0-5fd6-8883-6af5e2ae6900.html

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

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