|
Wrongly
Convicted Database
Record
|
Years
Imprisoned:
|
1.42 |
Charge: |
Robbery and Carjacking |
Sentence: |
2 yrs |
Year Convicted: |
2005 |
Year
Cleared:
|
2006 |
Location
of Trial:
|
California |
Result:
|
Judicially Exonerated Released |
Summary
of Case:
|
Wrongly convicted in December 2005 of a May 23, 2005, armed robbery and carjacking in Buena Park, CA. Although Ochoa's was excluded as the source of all the crime scene evidence, during his trial he withdrew his not guilty plea and pled guilty after Orange County Superior Court Judge Robert F. Fitzgerald threatened him with life in prison -- but told him he would only be sentenced to two years in prison if he pled guilty. James Ochoa was released on October 20, 2006, after DNA recovered from the crime scene was matched to another man -- and when confronted that man admitted he committed the crime Ochoa had been convicted of committing. Ochoa was wrongly imprisoned for 17 months. On April 24, 2006 the California State Victim Compensation and Government Claims Board awarded Ochoa $31,700 ($100 per day for 317 days of wrongful imprisonment after his conviction.) On April 28, 2008 it was announced that Ochoa had tentatively settled his federal civil rights lawsuit against the City of Buena Park for $550,000. So his total compensation will be $581,700. |
Conviction
Caused By:
|
Judicial misconduct by Judge Fitzgerald for bullying James Ochoa into pleading guilty by threatening him with life in prison if he was convicted by a jury. |
Innocence
Proved By:
|
Charges dropped when DNA evidence excluded James Ochoa as the carjacker and robber. The DNA identified the actual perpetrator who confessed to the crimes.
|
Defendant
Aided By:
|
|
Compensation Awarded: |
$550,000 (April 2008) and $31,700 (April 2008) |
Was Perpetrator Found? |
|
Age
When Imprisoned:
|
20 |
Age
When Released:
|
21 |
Information Source 1: |
Oops - judge, da, cops quietly admit they sent an innocent man to prison, R. Scott Moxley (Staff), Orange County Weekly, October 26, 2006 |
Information
Location 1:
|
http://www.ocweekly.com/news/news/oops/26086/ |
Information
Source 2:
|
Wrongly convicted Orange County man is free -- and out of state, by H.G. Reza (staff), Los Angeles Times, November 2, 2006 |
Information
Location 2:
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http://www.latimes.com/news/local/la-me-wrong2nov02,1,4018390.story?track=rss |
Information
Source 3:
|
Man jailed wrongfully for 16 months to get $550,000 from Buena Park, By Serena Maria Daniels, Orange County Register, April 30, 2008 |
Information
Location 3:
|
Justice -- finally, and just barely -- is served, By Dana Parsons, Los Angeles Times, April 24, 2008 |
Information
Source 4:
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http://www.latimes.com/news/local/la-me-parsons26apr26,1,1039455.column |
Information
Location 4:
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Information
Source 5:
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Information
Location 5:
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Ethnicity/Skin:
|
Hispanic |
Book
About
Case:
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Book
Information:
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Book About Case (2): |
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Book Information (2): |
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Movie About Case: |
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Comments About Case: |
Falsely confessed |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org