Convicting the Innocent
DNA Exonerations Database

Gilbert Alejandro

First NameGilbert
Last NameAlejandro
Year of Conviction1990
Year of Exoneration1994
State of ConvictionTexas
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeRape
Death SentenceNo
Gender of ExonereeMale
Race of exonereeHispanic
Type of Innocence Defense
  • Alibi
Description / Quotes from Testimony Concerning Defense

● Defendant’s mother testified that he was home at the time of the crime.

Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • DNA
Types of Flawed Forensics
  • Error
  • Invalid
  • Not Disclosed
Reason why invalid(6) Claimed DNA could only have come from defendant
Brief Quote / Description of Testimony

The analyst concluded there was a DNA match, where banding patterns “could only have originated from him,” without offering a random match probability. In fact, the analyst did not disclose that at best only partial testing had been conducted; subsequent DNA testing excluded Alejandro. See Part II.C. for discussion of this case.

Identity of eyewitness
  • Intraracial Identificaiton
  • Victim
Lineup Procedures
  • Lineup
  • Photo array
Suggestive Procedures

Yes – acquaintance, BUT ● Suggestive remarks – not told suspect might not be in linc-up and victim testified she was instead told that they had caught him ● Suggestive line-up

Quotes from testimony #1

Victim described that all of the others in the lineup were “fatter than him” Victim was told that the suspect was named Gilbert Alejandro: Q. Did they give you the name of the person that they thought had done this? A. Yes. Q. What name did they give you? A. Gilberto Alejandro. Q. They told you that before you ever saw him in the police station through this mirror, didn’t they? A. Yes. “Well, I was working and they brought me from my work. Well, the police went over there and they told me they have already catch the man. I said, “Are you sure it’s that man?” They say, “Yes.” So then they brought me to the city police and they went and showed me him.”

Unreliable Identification?

Yes ●Could not see attacker’s face

Quotes from testimony #2

Q: Did the person come in front of you or in behind you? A: I don’t know. I couldn’t see. I couldn’t see anything.

Highest level reachedNR

Read more about this exoneration