| First Name | Gilbert |
| Last Name | Alejandro |
| Year of Conviction | 1990 |
| Year of Exoneration | 1994 |
| 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 mother testified that he was home at the time of the crime. |
| Did the defendant testify at trial? | No |
| Types of evidence at trial |
|
| Type of Forensic Evidence |
|
| Types of Flawed Forensics |
|
| 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 |
|
| Lineup Procedures |
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| 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 reached | NR |