A man who spent nearly 30 years in prison for rape, kidnapping and robbery has been declared innocent and freed, Los Angeles County prosecutors have announced.
DNA testing helped exonerate
Gerardo Cabanillas in a 1995 attack on a couple sitting in a parked car in the
city of South Gate, the county district attorney's office said in a statement.
As at his time of arrest, Cabanillas was 18.
Cabanillas' case was reexamined
by the Conviction Integrity Unit of the DA's office, and last week a judge
reversed his conviction, found him factually innocent and ordered his permanent
release.
"We acknowledge a grave
injustice that has resulted in the unjust more than 28-year incarceration of
Mr. Cabanillas," District Attorney George Gascón said in a statement.
"Upon thorough
reexamination of the evidence and a comprehensive review of the case by my
office's Conviction Integrity Unit, it has become abundantly clear that a
serious error was made. I extend my deepest apologies to Mr. Cabanillas for the
miscarriage of justice and the failure of our criminal legal system. ... It is
imperative that we reflect upon this case as a stark reminder that our criminal
legal system is not infallible."
Cabanillas was convicted in
1996 and spent 28 years in prison. He confessed to being one of two armed men
who approached the couple, forced the man out and drove the woman to an abandoned
house where both raped her.
Another couple in a car in the
same area were robbed two days later, authorities said.
Victims of the attacks were
told of his confession and identified Cabanillas from photo lineups. But they
later expressed doubts in court and said they were pressured into identifying
him, according to the California Innocence Project at the California Western
School of Law, which represented Cabanillas.
DNA testing on the rape kit
showed that two other people committed the assault, the group said in a
statement.
No other suspects were ever
arrested, although one man later confessed to committing one of the crimes, the
Innocence Project said.
Gerardo Cabanillas swore on his
child’s life that he was innocent when he was arrested on suspicion of sexual
assault at the age of 18, his attorney said. Yet, he confessed anyway when a
South Gate police detective allegedly promised he’d be given probation as long
as he admitted to the crime.
"False confessions are one
of the leading causes of wrongful convictions in the United States,"
interim director Alissa Bjerkhoel said in a statement. "Police are
permitted to lie to suspects, including promises of leniency if the person
confesses. That is exactly what happened here and, if it was not for the DNA
evidence, Gerardo would have spent the rest of his life in prison."
"We are thrilled for
Gerardo and his family that the truth has finally set him free," she said.
The Innocence Project said
Cabanilla confessed after a detective told him he would only get be sentenced
to probation and would get to go home if he admitted to the crime, CBS News Los
Angeles reports.
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