Orlando Boquete

• Alibi

● Cousin testified that he was watching TV with defendant all night the night of the crime.

● Defendant testified that police officers fed him information about the crime. Defendant said “Because what was I going to do, because in his time, they would have taken me to the electric chair? And I told [the officer] to take me wherever he wanted to, because I had no idea of what they were talking about.” ● “I know I’m not guilty. That’s why I’m here. What else can I tell you? My record, my life, I’ve never been a delinquent in my life.”

• Eyewitness
• Forensic Evidence

• Serology

• Invalid

The victim and Bosquete were both O nonsecretors. Two spots on victim’s panties had type A substances, while two other spots had no blood group substances. The analyst did not exclude based on the A blood group substances. Instead the analyst testified: “The only conclusion I could draw is that the — the stains where no blood group factors were found, that is, on the pajama top and two areas or two cut areas of the pair of panties, are consistent at least in that no blood group factors were found and Mr. Bosquette is a non-secretor…” The analyst testified that 20% of the population is a non-secretor. However, those stains could have come exclusively from the victim and thus no conclusion could be made regarding the donor population.

• Cross Racial Identification
• Victim

• Lineup
• Photo array

Yes ● Line-up – and defendant was only person with bald head ● Eyewitness told suspect was in group

A. He asked me if — if — that they had quite a few Cubans at the Tom Thumb standing in the parking lot and asked me if I would care to ride around there to see if I can describe, you know, identify or describe or whatever the two guys that were in my apartment. Q. They didn’t say to you they had somebody that matched the description? A. They said something about matching the description, also. Q. Okay. When you got to the — to the Tom Thumb parking lot, did any of the other people in the parking lot have a shaved head? A. No, sir. Q. Did you tell Miss Curr at the — at her apartment that you found somebody that met the description she gave? A. I don’t remember exactly what I said at that time, but I do remember that — telling her we have some some suspects. Q. That matched the description? A. Yes, sir.

No ● Discrepancy in descriptions – facial hair

Q. Well, today, you’re saying that you — indelibly remember this — this face (indicating), can never forget it. You describe the eyes and everything and he has a big, black moustache right in the middle of it and set off with no hair around it. And in a deposition, under oath, closer to the time of the offense, you didn’t remember. I’m just asking you if maybe your recollection has been refreshed since that time. A. No, it hasn’t been refreshed.