Convicting the Innocent
DNA Exonerations Database

Hector Gonzalez

First NameHector
Last NameGonzalez
Year of Conviction1996
Year of Exoneration2002
State of ConvictionNew York
Trial, Bench Trial, or Guilty PleaTrial
Type of CrimeMurder
Death SentenceNo
Gender of ExonereeMale
Race of exonereeHispanic
Description / Quotes from Testimony Concerning Defense

● Fingerprint on knife did not match defendant’s.

Did the defendant testify at trial?No
Types of evidence at trial
  • Eyewitness
  • Forensic Evidence
Type of Forensic Evidence
  • Serology
Types of Flawed Forensics
  • Valid
Brief Quote / Description of Testimony

While the direct examination provided incomplete information, the valid statistic regarding the included population was first provided during cross-examination.

Identity of eyewitness
  • Intraracial Identificaiton
  • Non-victim
Lineup Procedures
  • Lineup
  • Showup
Suggestive Procedures

Yes ● Victim not told attacker might not be in line-up ● Show-up properly conducted immediately following the incident and in its vicinity

Quotes from testimony #1

Officer recounted instructions to eyewitnesses: “As they come to view the lineup, I explained to them there’s going to be six individuals sitting on the other side of the one-way glass. If they recognize anybody, to tell me what number and under what circumstance”

Unreliable Identification?


Highest level reachedState Post­ Conviction
Claims Raised During All Appeals and Postconviction
  • Ineffective Assistance of Appellate Counsel
  • Ineffective Assistance of Counsel
  • Jackson Claim
  • State Law Evidence Claim
Harmless Error Rulings
  • G
  • NP
  • OG
Citations to judicial opinions

State v. Gonzalez, 265 A.D.2d 341 (N.Y. App. Div. 2 Dept. 1999)
State v. Gonzalez, 270 A.D.2d 358 (N.Y. App. Div. 2 Dept. 2000)
Gonzalrz v. Duncan, No. 00‐CV‐1857(FB), 2001 WL 726985 (E.D.N.Y. June 22, 2001)

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