| First Name | Ben |
| Last Name | Salazar |
| Year of Conviction | 1992 |
| Year of Exoneration | 1997 |
| State of Conviction | Texas |
| Trial, Bench Trial, or Guilty Plea | Trial |
| Type of Crime | Rape |
| Death Sentence | No |
| Gender of Exoneree | Male |
| Race of exoneree | Hispanic |
| Juvenile | No |
| Type of Innocence Defense |
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| Description / Quotes from Testimony Concerning Defense | ● Defendant’s wife and brother-in-law testified that he was home the day of the crime |
| Types of evidence at trial |
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| Type of Forensic Evidence |
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| Types of Flawed Forensics |
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| Reason why invalid | -3 |
| Brief Quote / Description of Testimony | The analyst described B and PGM 2- substances detected that were both foreign to the victim, who was a non-secretor, and the victim’s husband. However, A, B and O substances were observed. The statistic presented to the jury assumed that the semen donor exhibited just the B type consistent which the defendant possessed, and did not present the entire included population, which could possess A and B. |
| Identity of eyewitness |
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| Lineup Procedures |
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| Suggestive Procedures | Yes ● Show-up – shown single photo of Salazar |
| Quotes from testimony #1 | After initial photo array, showed victim two more recent single photos of Salazar. “Q: And in going through those books did you pick out a picture of a person that you knew was the person who had sexually assaulted you? A: Yes Q: And did you finally learn who that person was? A: I saw the picture and I told Sergeant Merrill that it looked like him and he showed me a recent picture. And when I saw that one I knew it was him.” |
| Unreliable Identification? | Yes ● Initially uncertain ● Discrepancies in description – height, position of tattoos |
| Quotes from testimony #2 | Victim never described tattoos, which Salazar had on arms and hand, and described attacker as 5’5” or 5’7” while Salazar was 5’2” |
| Highest level reached | Appeal |
| Claims Raised During All Appeals and Postconviction |
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| Citations to judicial opinions | Salazar v. State, NO. 3‐92‐376‐CR (1993) |